Blueberry River First Nations (BRFN) has commenced a novel treaty rights infringement claim (Claim) against the Province of British Columbia (Province). The Claim, filed March 3, 2015, alleges that the Province has breached its Treaty 8 obligations due to the cumulative impacts of provincially authorized industrial development in BRFN’s traditional territory.
BRFN’s traditional territory is located in the Upper Peace River region of northeastern BC, around and mainly north of Dawson Creek, Fort St. John and Hudson’s Hope.
The Claim is significant because it is one of the first treaty rights infringement claims … Continue Reading
On October 9, 2014, Trans Mountain Pipeline ULC’s (“Trans Mountain”) motion was heard by the National Energy Board (“NEB”) after a series of incidents between Trans Mountain and the City of Burnaby (“Burnaby”). Burnaby officials ticketed Trans Mountain contractors for contravening the Burnaby Street and Traffic Bylaw and the Burnaby Parks Regulation Bylaw (the “Bylaws”) while carrying out land surveys in and around the Burnaby Mountain Conservation Area (the “Subject Lands”).
The attempted surveys were in response to a ruling by the NEB that in order to assess … Continue Reading
On March 31, 2014, the Alberta Energy Regulator (“AER”) completed its transition into the principal regulator of the entire life cycle of oil and gas development in Alberta. The effect of the AER’s expanded jurisdiction is to consolidate decision-making relating to environmental and energy permits from disparate government bodies.
“The AER is now a full life-cycle regulator: from application and exploration, to construction and development, to abandonment, reclamation, and remediation.”… Continue Reading