Environmental law-Statutory protection of environment - Environmental assessment - Practice and procedure-Proponent proposed project of dam and hydroelectric generating station - Environmental assessment involving federal and provincial governments led to Joint Review Panel's determination that significant adverse environmental effects would likely result from project - Panel further concluded that project would have significant adverse effects on traditional uses of land by applicant First Nations whose members held constitutionally protected treaty rights within project and surrounding area - Federal Crown, through Governor in Council, decided that adverse environmental effects were justified in circumstances - First Nations applied for judicial review - Application dismissed - First Nations objected to Crown's failure to decide whether project would constitute infringement of their treaty rights - Decisions of Governor in Council were owed considerable deference, as they were inherently polycentric and took into account scientific factors as well as political and social considerations - Judicial review was not appropriate course of action to determine whether First Nations' treaty rights had been infringed, as there was incomplete record or informal evidentiary process - Determination of infringement required full evidentiary record such that First Nations should pursue action instead of judicial review - Action was not limited to pursuit of damages after project went forward with ensuing negative effects and could provide variety of remedies including interlocutory injunction and summary or expedited trial on merits of infringement question.
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