Prophet River First Nation v. British Columbia (Environment)
| Jurisdiction | British Columbia |
| Court | Court of Appeal (British Columbia) |
| Judge | The Honourable Mr. Justice Lowry,The Honourable Mr. Justice Willcock,The Honourable Mr. Justice Savage |
| Citation | 2017 BCCA 58 |
| Date | 02 February 2017 |
| Docket Number | CA43187 |
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20 practice notes
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Coldwater Indian Band v. Canada (Attorney General)
...consultation process as a means to try to veto it (Haida Nation, para. 42; Prophet River First Nation v. British Columbia (Environment), 2017 BCCA 58, 408 D.L.R. (4th) 201, para. 65 [Prophet River BCCA]; Halfway River First Nation v. British Columbia (Ministry of Forests), 1999 BCCA 470, [1......
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Yahey v. British Columbia
...pursuant to the Judicial Review Procedure Act. [565] The Court of Appeal in Prophet River First Nation v. British Columbia (Environment), 2017 BCCA 58, upheld this decision. [566] The Prophet River First Nation and West Moberly First Nation also launched an application for judicial review i......
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West Moberly First Nations v. British Columbia
...1682 – dismissing a petition seeking to quash the EAC (“Prophet #1”) and Prophet River First Nation v. British Columbia (Environment), 2017 BCCA 58 – dismissing the appeal from Prophet #1; (b) Prophet River First Nation v. British Columbia (Forest, Lands and Natural Resource Operations), 20......
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RAINCOAST CONSERVATION FOUNDATION ET AL. v. THE ATTORNEY GENERAL OF CANADA ET AL.
...Prophet River First Nation v. British Columbia (Minister of Environment), 2015 BCSC 1682, [2016] 1 C.N.L.R. 207 at paras. 189-200, aff’d 2017 BCCA 58, 94 B.C.L.R. (5th) 232; West Moberly First Nations v. British Columbia (Chief Inspector of Mines), 2014 BCSC 924, 76 Admin. L.R. (5th) 223 at......
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12 cases
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Coldwater Indian Band v. Canada (Attorney General)
...consultation process as a means to try to veto it (Haida Nation, para. 42; Prophet River First Nation v. British Columbia (Environment), 2017 BCCA 58, 408 D.L.R. (4th) 201, para. 65 [Prophet River BCCA]; Halfway River First Nation v. British Columbia (Ministry of Forests), 1999 BCCA 470, [1......
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Yahey v. British Columbia
...pursuant to the Judicial Review Procedure Act. [565] The Court of Appeal in Prophet River First Nation v. British Columbia (Environment), 2017 BCCA 58, upheld this decision. [566] The Prophet River First Nation and West Moberly First Nation also launched an application for judicial review i......
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West Moberly First Nations v. British Columbia
...1682 – dismissing a petition seeking to quash the EAC (“Prophet #1”) and Prophet River First Nation v. British Columbia (Environment), 2017 BCCA 58 – dismissing the appeal from Prophet #1; (b) Prophet River First Nation v. British Columbia (Forest, Lands and Natural Resource Operations), 20......
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RAINCOAST CONSERVATION FOUNDATION ET AL. v. THE ATTORNEY GENERAL OF CANADA ET AL.
...Prophet River First Nation v. British Columbia (Minister of Environment), 2015 BCSC 1682, [2016] 1 C.N.L.R. 207 at paras. 189-200, aff’d 2017 BCCA 58, 94 B.C.L.R. (5th) 232; West Moberly First Nations v. British Columbia (Chief Inspector of Mines), 2014 BCSC 924, 76 Admin. L.R. (5th) 223 at......
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6 firm's commentaries
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Judicial Blueprint For Aboriginal Consultation
...v. British Columbia 2015 BCSC 1682 . Additional analysis and reasons for judgement were provided on appeal by the BC Court of Appeal: 2017 BCCA 58 and by the Federal Court in Prophet River First Nation v. Canada (Attorney General) 2015 FC 1030 . The case before the Federal Court was appea......
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Trans Mountain Decision: Application Of Existing Principles Or Evolving Standard?
...22 Gitxaala Nation v. Canada, 2016 FCA 187 at para. 183 and 214 and Haida at para. 62. 23 Prophet River First Nation v. British Columbia, 2017 BCCA 58 at para. 24 Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador, 2011 SCC 62 at para. 16. 25 Trinity Western University v. ......
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Legal Challenges To Site C Dam By BC First Nations Dismissed By Federal Court Of Appeal And BC Court Of Appeal
...both the infringement and duty to consult determinations of the BC Supreme Court (2015 BCSC 1682). In a decision released by the BCCA (2017 BCCA 58), Justice Lowry acknowledged that the BCCA was in the unusual, if not awkward, position of having to consider the discharge of the Crown's duty......
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Supreme Court Of Canada Denies Leave To Appeal In Two Noteworthy Aboriginal Law Decisions
...The second, relating to two closely related decisions, Prophet River First Nation, et al. v. B.C. Minister of the Environment, et al., 2017 BCCA 58 and Prophet River First Nation, West Moberly First Nations v. Canada (Attorney General), 2017 FCA 15 [Prophet River], affirmed that ministers o......
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2 books & journal articles
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The Stories We Tell: Site-C, Treaty 8, and the Duty to Consult and Accommodate
...River, supra note 10. 18 Ibid at paras 146-153. 19 Ibid at para 133. 20 Prophet River v British Columbia (Minister of the Environment), 2017 BCCA 58. 6 n APPEAL VOLUME 23 he holding in Prophet River has allowed the province of British Columbia to commence with the construction of Site-C, wh......
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MAJOR PROJECT OF RECONCILIATION: LOCATING AN INDIGENOUS CONSENT STANDARD WITHIN THE BC ENVIRONMENTAL ASSESSMENT ACT, 2018.
...Skelton, supra note 18 at 392-99; Andrews, supra note 18 at 26-44. (31) See Prophet River First Nation v British Columbia (Environment) 2017 BCCA 58 at paras 12, 27, (31) See ibid at para 31. (32) The SCC, sending a clear signal to legislatures when they held that regulatory agencies must b......
