Coastal First Nations - Great Bear Initiative Society v. British Columbia (Minister of Environment)

摘要

Environmental law-Constitutional issues - Jurisdiction to enact environmental legislation - Constitutional authority - Division of powers- Company proposed interprovincial pipeline project which would cross land used by First Nations - Environmental Assessment Office ("EAO") and National Energy Board ("NEB") entered into equivalency agreement - Agreement provided that NEB assessment of project was equivalent to assessment under Environmental Assessment Act ("EAA") and no additional EAA assessment was required - First Nations brought petition for judicial review of EAO's decision to not require environmental assessment certificate - Petition granted on other grounds - Application of EAA to project was within jurisdiction of provincial legislature - Provincial interests were substantially affected by project - Very premise of agreement assumed cooperative approach to environmental assessment where federal and provincial interests at stake - Province has constitutional right to regulate territorial environmental impacts - Regulation of environment involved shared jurisdiction among all levels of government - Purpose of EAA is to regulate environmental concerns in province while advancing economic investment in province - EAA is valid legislation, even where applica- ble to interprovincial undertaking - Arguments regarding inter-jurisdictional immunity and paramountcy were premature.