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.
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Siding with First Nation, N.S. judge overturns Alton Gas approval | CBC News
At that time, Miller said consultation with the band had been sufficient.
“The Minister’s decision was not supported by the evidence,” Edwards wrote in his decision.
“While there had been extensive consultations regarding the potential environmental impacts of the Project, the core issue of Aboriginal title and treaty rights was never specifically engaged. The Minister therefore committed palpable and overriding error when she concluded that the level of consultation was appropriate.
The Council of Canadians helped release new documents, obtained thanks to the tireless work of grassroots researchers, that show the federal government knows this project would break the law and harm the fish in the river. Rather than challenge the company to meet the standard of the law, the federal government has chosen to pursue new regulations under the Fisheries Act to accommodate AltaGas, the corporation behind the project.
We see the notice of intent as an acknowledgement that the project as it stands right now is not in alignment with the Fisheries Act, and in order for it to be compliant with the law, the federal government has chosen to change the law rather than hold the company accountable.
Nova Scotia First Nation loses bid to add new evidence in Alton Gas case
to have new evidence introduced in a case involving the band’s
opposition to a plan to use river water to create caverns for natural
gas storage in central Nova Scotia.
The Sipekne’katik (Indian Brook) First Nation wants to stop Alton
Natural Gas Storage LP from using water from the Shubenacadie River to
flush out underground salt deposits near Alton, N.S., then pump the
leftover brine back into the river.
Mi’kmaq grandmothers want unceded land recognition from Nova Scotia Supreme Court
it comes to the way the justice system interacts with Indigenous
peoples.
On Monday, the trio pushed for recognition in Nova Scotia’s Supreme
Court that the province rests on unceded Mi’kmaw territory before
proceedings in their case continue — a recognition that did not verbally
take place in the courtroom at the time.
Kuku’wis Wowkis, Kiju
Muin and Thunderbird Swooping Down Woman are accused of violating a
court-ordered injunction against trespassing on land owned by Alton Gas
in Fort Ellis, N.S., during protests over the natural gas storage
project the company wants to build there