Province Cannot Abdicate Its Decision-Making Powers To The NEB

On January 13, 2016 the British Columbia Supreme Court determined that the Province breached its duty to consult the Gitga'at First Nations in respect of Enbridge's Northern Gateway pipeline. The court found that a province cannot rely on federal efforts to satisfy its duty to consult with First Nations. Interestingly, the Court also found that while the provincial government may rely on federal environmental assessments to make its decisions, it cannot abdicate its decision-making authority altogether.

As an interprovincial undertaking, the Northern Gateway pipeline (and related projects) fall under federal jurisdiction. However, the proposed pipeline disproportionately affects BC – the route will traverse the entire province, some 660 kilometers, and cross more than 800 provincial watercourses. The marine terminal will also have substantial impact on BC's coastal lands and water. This engages the Province's shared jurisdiction over the environment.