Supreme Court rules that First Nations must be consulted on pipeline

[Gilgamesh]

Northern Gateway: BC Supreme Court Rules That British Columbia Must Issue Its Own EA Decision And Consult First Nations

In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the court decided British Columbia must issue its own environmental decision and consult First Nations on the Northern Gateway Project (NGP), instead of deferring to the federal review and consultation. This decision has profound implications for reconciling provincial and federal jurisdiction over the environmental review of interprovincial projects, and the related Crown duty to consult affected First Nations. While the decision casts more uncertainty over the NGP, it also affects any resource development project that involves a harmonized federal/provincial review.

Background

At the centre of the case was the 2010 Equivalency Agreement (Agreement) that the British Columbia Environmental Assessment Office (EAO) entered into with the National Energy Board (NEB). The EAO agreed that the NEB (federal) review "constitutes an equivalent assessment" to a provincial assessment under the BC Environmental Assessment Act (EAA). The Agreement stated that the NGP did not require assessment under the EAA and could proceed without an EAA certificate (EAC). The Agreement also allowed the EAO to terminate the agreement upon 30 days' notice but any approval given by the NEB before termination would remain in effect.

The NEB and the Canadian Environmental Assessment Agency formed a Joint Review Panel (JRP) in 2010. The JRP undertook the federal review and issued its report in December 2013. The federal cabinet issued its decision and order on June 17, 2014, accepting the project and directing the NEB to issue a Certificate of Public Convenience and Necessity (CPCN). The NEB issued the CPCN with its 209 conditions on June, 18 2014.

The EAO relied on the Agreement and did not assess the NGP under the EAA. The Province participated in the federal JRP review and took the position that the NGP must meet five conditions before the Province would support the NGP. The Coastal First Nations also participated in the JRP review and opposed the NGP.

Northern Gateway: BC Supreme Court Rules That British Columbia Must Issue Its Own EA Decision And Consult First Nations - Environment - Canada

Ca-Na-Da

Requisciate

In Pace​

 

[MHz]

What would it matter as all the decisions are made in the Netherlands?? If you don't know that you should be on a kiddie forum.

 

[Gilgamesh]

I haven't lied about anything.

Especially not about pretending to be part of a First Nations group lol

Why would anyone care? Caucasian, Asian, black, etc.

We are all homo sapiens.

 

[Gilgamesh]

What really makes me chuckle over this revolves around what exactly does the SCoC really mean by consult?

Sounds all official-like and possibly even having some power over the approval process, but in my view, it's nothing more than a rubber-stamp action meaning that the developer must take a few weeks or months to chat with the locals and once that is completed, it's all business as usual

Probably means 'destroy, forbid, demand money' and so on.

The SCC is a politically correct arm of corrupt incompetent nation hating "Progressive Left" as shown by the Liberals, NDP, Greens etc..

Their hatred and white middle class guilt will cripple this great country unless we throw them out on their a$$.

Sad to say, voters don't seem to have the brains or cojones to do that.

We are getting, and will continue to get, the govt we deserve.

BTW centuries of tradition have constructed our system which has Parliament as supreme.
We elect them, and kick them out. It doesn't work well, but it works better than any other form of governance.

The SCC which is unelected and un-accountable now overrules. This is not democracy, goddammit.