Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), [2005] 1 C.N.L.R.

Description

Since 1994, the proponent has sought permission from the British Columbia government to reopen an old mine. During the environmental assessment process under the Environmental Assessment Act, R.S.B.C. 1996, c.119, access to the mine emerged as a point of contention. The members of the Taku River Tlingit First Nation (TRTFN), who participated in the assessment, objected to the proponent's plan to build a road through their traditional territory. However, after a lengthy process, approval was granted in 1998. In 1999 the TRTFN brought a petition to quash the Ministers' decision to issue the Project Approval Certificate on administrative law grounds and on grounds based on its Aboriginal rights and title. The chambers judge set aside the decision, and the majority of the British Columbia Court of Appeal ([2002] 2 C.N.L.R. 312) dismissed the Province's appeal, finding that the Province had failed to meet its duty to consult with and accommodate the TRTFN. This is the Respondent Factum of the Taku River Tlingit First Nation. Note: The summary has been extracted from Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), [2005] 1 C.N.L.R. 366.