Yellowknives Dene First Nation v. Canada (Minister of Aboriginal Affairs and Northern Development)

摘要

Natural resources-Mines and minerals - Practice and procedure - Miscellaneous-Environmental Impact Review Board concluded, pursuant to s. 128(1)(a) of Mackenzie Valley Resource Management Act, that proposed diamond exploration project was not likely to have any significant adverse impact on environment or to be cause of significant public concern - As result, board concluded that environmental impact review of project was not necessary and that it should proceed to regulatory phase for permitting and licensing -Applicant First Nation brought application seeking to set aside decision of board - Application dismissed - Board provided justification for its decision - Its decision and reasons it provided with respect to two located and eight not-as-yet located drill-holes were transparent and intelligible - Given unique characteristics of project, it was not unreasonable for board to find that there was unlikely to be significant adverse impact on environment or cause of significant public concern as consequence of eight of possible future drill holes not yet being identified by developer - Board's decision respecting cumulative impact was reasonable - Duty to consult in this case was on mid-range of spectrum because of low adverse impact of project - Consultation process provided under Act adequately met Crown's duty to consult and accommodate in this case - Concerns of applicant were taken into account by board, which made decision on very small scale project within sensitive area.