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ARTICLE · 21 MARCH 2016

Prophet River First Nation v. British Columbia (Environment), 2015 BCSC 1682

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In this decision, the British Columbia Supreme Court held that the B.C. environmental assessment process is not a forum to determine whether Aboriginal or treaty rights will be infringed.

CanadaEnergy and Natural Resources
McCarthy Tetrault LLP
McCarthy Tetrault LLP
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Prophet River First Nation v. British Columbia (Environment), 2015 BCSC 1682

In this decision, the British Columbia Supreme Court held that the B.C. environmental assessment process is not a forum to determine whether Aboriginal or treaty rights will be infringed.

Two First Nations, which were signatories to Treaty 8, sought an order quashing an Environmental Assessment Certificate issued to BC Hydro in relation to plans to construct a dam, power house and related infrastructure on the Peace River at what is known as Site C. The First Nations asserted that the Site C project infringed their treaty rights, that the decision to issue the certificate was unreasonable, and that the Ministers issuing the certificate were biased.

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