The March decision by Justice Frank Edwards pertains only to the brining activity for which the company originally received industrial approval from the province in January 2016. The Sipekne’katik Band, who reside primarily in nearby Indian Brook, three times appealed the minister’s decision.
Edwards found that the environment minister “committed palpable and overriding error” in concluding that the level of consultation was appropriate.” The judge set aside the industrial approval and directed the province and the band to resume consultations for a period of 120 days or a mutually agreed upon period, to start when COVID-19 circumstances allowed.