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ARTICLE · 27 SEPTEMBER 2015

BC Environmental Appeal Board Revokes Horn River Basin Water Licence – Part 2 Of 2

McCarthy Tétrault
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The First Nation alleged that the Crown failed to ascertain the nature and scope of its Treaty 8 rights, and did not provide it with an adequate opportunity to provide such information.

CanadaEnvironment
Stephanie Axmann
Stephanie Axmann
Kimberly Howard
Kimberly Howard
Selina Lee-Andersen
Selina Lee-Andersen
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On September 3, 2015, the British Columbia (BC) Environmental Appeal Board (the Board) delivered its decision in Chief Gale and the Fort Nelson First Nation v. Assistant Regional Water Manager & Nexen Inc et al (Decision No. 2012-WAT-013(c)), revoking a water licence issued to Nexen Inc. (Nexen) for the purpose of pumping water from Tsea Lake in BC's Horn River Basin for storage and use in oilfield injection (the Licence).

Please see Part 1 of our discussion here.

Issue 2 – Breach of the Crown's Duty to Consult

The First Nation alleged that the Crown failed to ascertain the nature and scope of its Treaty 8 rights, and did not provide it with an adequate opportunity to provide such information. Due to this lack of information, together with the flaws in the technical data, the Crown could not properly assess the potential impacts on the First Nation's treaty rights or engage in meaningful consultation. The First Nation also alleged various procedural failures of

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