Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2016 BCCA 500
| Judge | Frankel; Garson; Harris |
| Court | Court of Appeal (British Columbia) |
| Case Date | December 19, 2016 |
| Jurisdiction | British Columbia |
| Citations | 2016 BCCA 500 |
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16 practice notes
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Morton c. Canada (Pêches et Océans),
...v. Lefthand, 2007 ABCA 206, 77 Alta. L.R. (4th) 203; Fort Nelson First Nation v. British Columbia (Environmental Assessment Oce), 2016 BCCA 500, [2017] 4 W.W.R. 422; Établissement de Mission c. Khela, 2014 CSC 24, [2014] 1 R.C.S. 502; Canada (Citoyenneté et Immigration) c.......
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Association of Iroquois and Allied Indians v. Ontario (Minister of Environment, Conservation and Parks),
...too speculative to trigger the duty to consult); Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2016 BCCA 500, 2016 BCLR (5th) 400 (consultation duties were engaged in respect to a decision to grant permits for a proposed frac sand mine, but not in res......
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Mikisew Cree First Nation v. Canadian Environmental Assessment Agency, 2023 FCA 191
...the Federal Court included: Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2015 BCSC 1180, rev’d 2016 BCCA 500, leave to appeal to SCC refused, 37449 (15 June 2017); Da’naxda’xw/Awaetlala First Nation v. British Columbia (Attorney Genera......
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Mikisew Cree First Nation v. Canadian Environmental Assessment Agency, 2022 FC 102
...is the approval process that attracts the duty to consult (Fort Nelson First Nation v British Columbia (Environmental Assessment Office), 2016 BCCA 500 at para 125, leave to appeal to SCC refused, 37449 (15 June 2017)). [84] Da’naxda’xw was not a case where the Crown proposed ......
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11 cases
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Morton c. Canada (Pêches et Océans),
...v. Lefthand, 2007 ABCA 206, 77 Alta. L.R. (4th) 203; Fort Nelson First Nation v. British Columbia (Environmental Assessment Oce), 2016 BCCA 500, [2017] 4 W.W.R. 422; Établissement de Mission c. Khela, 2014 CSC 24, [2014] 1 R.C.S. 502; Canada (Citoyenneté et Immigration) c.......
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Association of Iroquois and Allied Indians v. Ontario (Minister of Environment, Conservation and Parks),
...too speculative to trigger the duty to consult); Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2016 BCCA 500, 2016 BCLR (5th) 400 (consultation duties were engaged in respect to a decision to grant permits for a proposed frac sand mine, but not in res......
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Mikisew Cree First Nation v. Canadian Environmental Assessment Agency, 2023 FCA 191
...the Federal Court included: Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2015 BCSC 1180, rev’d 2016 BCCA 500, leave to appeal to SCC refused, 37449 (15 June 2017); Da’naxda’xw/Awaetlala First Nation v. British Columbia (Attorney Genera......
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Mikisew Cree First Nation v. Canadian Environmental Assessment Agency, 2022 FC 102
...is the approval process that attracts the duty to consult (Fort Nelson First Nation v British Columbia (Environmental Assessment Office), 2016 BCCA 500 at para 125, leave to appeal to SCC refused, 37449 (15 June 2017)). [84] Da’naxda’xw was not a case where the Crown proposed ......
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3 firm's commentaries
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Court Of Appeal Holds Duty To Consult Does Not Apply To Statutory Interpretation
...on the part of the Province to challenge a lower court decision where the duty to consult is applied unduly broadly. Footnotes 2016 BCCA 500 Reviewable Projects Regulation, BC Reg 370/2002 Rio Tinto Alcan Inc. v Carrier Sekani Tribal Council, 2010 SCC 43 at para 31. The foregoing provides o......
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Court Of Appeal Finds No Duty To Consult When Government Interprets Environmental Legislation Court Of Appeal Dismisses Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2016 BCCA 500
...B.C. Court of Appeal recently released a decision (Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2016 BCCA 500) that considers what kinds of "decisions" may be challenged by First Nations in respect of Environmental The narrow issue in the dispute was the m......
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B.C. Court Of Appeal Review Of The BC Environmental Assessment Process Case Comment On Fort Nelson First Nation v. British Columbia
...Introduction Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2016 BCCA 500, the B.C. Court of Appeal recently considered three issues involving the Reviewable Projects Regulation under B.C.'s Environmental Assessment whether a letter from the Environmental As......
1 books & journal articles
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MAJOR PROJECT OF RECONCILIATION: LOCATING AN INDIGENOUS CONSENT STANDARD WITHIN THE BC ENVIRONMENTAL ASSESSMENT ACT, 2018.
...v Vavilov, 2019 SCC 65 at paras 14, 79. (44) See Fort Nelson First Nation v British Columbia (Environmental Assessment Office), 2016 BCCA 500 at para (45) Darcy Lindberg, 'Judicial Expertise, UNDRIP & the Renewed Application of Indigenous Law" in Hayden King, ed, Special Report: The UN ......