CANADA (CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY) V. TASEKO
MINES LIMITED, 2018 BCSC 1034
In this case, the B.C. Supreme Court dismissed Canada's
petition requesting a statutory injunction to prevent Taseko Mines
from carrying out exploration work authorized in a permit Taseko
obtained from the B.C. government. The Court also heard
Taseko's petition for a declaration that the Canadian
Environmental Assessment Act, 2012 does not apply to its
provincially authorized activities.
Canada argued the work authorized by the provincial permit was
connected to another project under Taseko's management, which
the federal government had not approved on the basis that it would
have deleterious environmental effects (Taseko was pursuing an
appeal of this decision at the time the issues in this case arose).
Under s. 6 of the CEAA, 2012, undertaking activities
connected to an unapproved project constitutes a federal
offence.
