Environmental Assessments and the Duty to Consult – First People’s Law
Case comment on Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2015 BCSC 1180
With the approval of the courts, federal and provincial governments often shoehorn the duty to consult and accommodate First Nations into environmental assessment processes. These processes are ill-suited for First Nations’ needs and expectations. The recent decision from the B.C. Supreme Court in Fort Nelson First Nation exemplifies some of the key shortcomings in relying on environmental assessment processes to fulfil the duty to consult Indigenous Peoples.
What it is about
A proponent sought provincial government approval to develop the Komie North Mine near the City of Fort Nelson as a sand and gravel pit to supply fracking sand to the local oil and gas industry. There were indications that the proponent had plans to develop five more sand and gravel pits. All of these pits would be in the territory of the Fort Nelson First Nation, a member of Treaty 8.
Read More: http://www.firstpeopleslaw.com/index/articles/182.php
