Prophet River First Nation v. British Columbia (Minister of the Environment)

摘要

Environmental law-Statutory protection of environment - Miscellaneous-Proponent's proposed project of dam hydroelectric generating station went through joint federal and provincial environmental assessment - Joint Review Panel determined that project had clear benefit of producing power with much less greenhouse gases but would likely cause significant adverse environmental effects affecting current traditional use of land and resources by First Nations holding treaty rights - Minister of Environment and Minister of Forests, Lands and Natural Resources Operations issued environmental assessment certificate to proponent, setting out conditions intended to avoid or reduce potentially significant adverse effects - First Nations' petition applying for judicial review was dismissed - Trial judge found First Nations' arguments that Ministers' decision to issue certificate was unreasonable were based on selected and incomplete references to record before Ministers - Trial judge found panel recommendation about carrying out comprehensive cumulative effects study was not specific to this particular project - Trial judge found arguments called for re-weighing of such record that could not properly be done on judicial re-view - Trial judge found Ministers' decision was polycentric exercise of wide discretion, entitled to high degree of deference - Trial judge found issues raised by First Nations did not more than suggest that it would have been open to Ministers to reach different conclusion that might have been more in keeping with some of views expressed by Panel - Trial judge found First Nations failed to demonstrate that Ministers proceeded without reasonable basis - First nations appealed, seeking declaration that Ministers were obliged to determine whether project would constitute unjustifiable infringement of treaty rights before deciding to issue certificate - Appeal dismissed - Ministers were not exercising quasi-judicial statutory authority so could not determine constitutional questions - Issues of treaty infringement, like issues of Aboriginal territorial claims, are not determined by ministers of Crown - Ministers also not required to determine whether project constituted unjustifiable treaty infringement before issuing certificate, as it was not within their statutory mandate and, they did not have means to make proper determination.