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Originally Posted by peter12
Ok, I will say it another way. You can never, and you will never consult enough with these bands. There are no regulations tight enough to protect their environmental interests or whatever because that is not what the leadership is after.
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It doesn't look like that's necessarily what's at issue here anyways. Here's a bit more info on the decision. It looks like it basically came down to the BC Supreme Court saying that NEB's approval isn't a sufficient demonstration of consultation, and that the province is required to do its own consultation.
http://www.vancouversun.com/news/sup...#ixzz3xAYbn321
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The Northern Gateway pipeline project is stalled after the B.C. Supreme Court ruled Wednesday the province can't rely on the National Energy Board for environmental approval and failed to consult First Nations.
The court ruling means that Enbridge must now apply for an environmental assessment certificate from the province of B.C., and the province will need to consult First Nations.
Coastal First Nations, the Great Bear Initiative Society and Gitga'at First Nation (collectively CFN) had asked for a judicial review setting aside an agreement between the B.C. government and the NEB to remove the need for an environmental assessment certificate.
B.C. Supreme Court Justice Marvyn Koenigsberg ruled the agreement invalid, saying it removes the need for the province to impose conditions, and that the province breached "the honour of the Crown" by failing to consult with the CFN, and the Gitga'at specifically.
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