Impacts on IBA Benefits Trigger Consultation – Fasken

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Impacts on IBA Benefits Trigger Consultation – Fasken

by ahnationtalk on August 17, 202189 Views

Indigenous Law Bulletin

On July 19, 2021, the Federal Court released its judgment in Ermineskin Cree Nation v. Canada (Environment and Climate Change), 2021 FC 758. The Court ruled that the Minister of Environment and Climate Change (the “Minister”) breached the Crown’s duty to consult Ermineskin Cree Nation (“Ermineskin”) prior to designating the Vista Coal Mine Phase II Expansion Project (“Phase 2 Expansion”) and an Underground Test Mine (the “Test Mine”, and together with Phase 2 Expansion, the “Project”) for the purposes of the federal Impact Assessment Act [1]. The Project was delayed as a result of the designation process, as were the economic, community and social benefits that Ermineskin had negotiated for itself in relation to the Project. In these circumstances, the Federal Court found that the Crown’s duty to consult extended to protect Ermineskin’s economic interest flowing from the benefits it had negotiated with the project proponent, Coalspur Mines (Operations) Ltd. (“Coalspur”), as compensation for the impacts of the Project on Ermineskin’s Aboriginal and Treaty rights.

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