Last month we posted about a possible wrench in the works for a 6.2 billion hydroelectric energy project in Labrador due to an application for an ex parte injunction by the NunatuKavut Community Council. They wanted the public hearings to be halted until their “duty to consult” claims were addressed. However, that injunction was recently denied by the Newfoundland and Labrador Supreme Court. Here’s the decision.
Duty to Consult
Electricity in the Labrador Air
A 6.2 billion dollar “hydroelectric megaproject” is possibly in danger as the NunatuKavut Community Council says that Nalcor Energy (a Crown corporation) and the province have shirked their duty to consult the group and should compensate it. It claims that their Aboriginal rights will be harmed if the environmental hearings continue.
British Columbia Supreme Court Held That Province Did Not Meet “Duty To Consult” Standard With Adams Lake Indian Band
In Adams Lake Indian Band v. British Columbia (Lieutenant Governor in Council), [2011] B.C.J. No. 363, the British Columbia Supreme Court allowed a petition by the Adams Lake Indian Band, which was resisting the actions of a ski resort seeking status as an incorporated municipality.
The Band claimed that the area in question is part of their traditional territory and that the provincial government failed to adequately consult it about the formation of a new municipality.
The province maintained there was adequate consultation and accommodation of the Band’s concerns and interests. The court disagreed.
Trashy Decision For B.C. — Nlaka’pamux Nation Tribal Council v. British Columbia
A recent appeal by the Nlaka’pamux Nation (in the B.C. Court of Appeal) was upheld because it was determined that British Columba did not adequately meet its duty to consult requirements. The appeal was in regard to the extension of a landfill over land which the First Nation claimed Aboriginal rights and title.
Here’s the decision . Below is an excerpt.
Turtle Talk 