Close X
Sunday, November 10, 2024
ADVT 
National

Alberta First Nation lauds Federal Court ruling on consultation and environment

Darpan News Desk The Canadian Press, 24 Dec, 2014 10:27 AM

    EDMONTON — A judge says the federal government should have consulted with an Alberta First Nation before making significant changes to environmental laws.

    The Mikisew Cree challenged the changes that affect water and fisheries laws that were part of two Conservative omnibus budget bills passed in 2012.

    In his ruling last Friday, Federal Court Judge Roger Hughes says the Crown failed to consult with the Mikisew before each bill was introduced in Parliament.

    He also says the Crown should have given the First Nation a reasonable opportunity to make submissions about the changes.

    Hughes ruled against the Mikisew's call for an injunction, but says the need to consult may have a bearing on future treaty rights cases.

    The northern Alberta First Nation says the court ruling is a victory.

    "This is a major step forward in acknowledging the federal government’s failure to properly consider treaty rights before making fundamental changes to environmental laws,” Mikisew Chief Steve Courtoreille said in a release.

    "Mikisew now expects the federal government and all other governments in Canada to consult with First Nations early on legislation that may adversely affect our rights."

    The court ruling says Bills C-38 and C-45 amended the Fisheries Act, the Species At Risk Act, the Navigable Waters Protection Act and updated the Canadian Environmental Assessment Act.

    "The effect of the amendments to those acts is arguably to reduce the number of bodies of water within Canada which are required to be monitored by federal officials thereby affecting fishing, trapping and navigation," Hughes wrote.

    "A duty to consult arose in the circumstances of this case."

    When the Mikisew launched the court challenge last year it said it is the federal government's job to protect aboriginal land, but the budget implementation bills suggested that Ottawa has no intention of living up to that responsibility.

    Instead, the Mikisew accused Ottawa of off-loading environmental oversight to the provinces, which will not allow concerns from First Nations communities to be adequately addressed.

    Courtoreille said the Mikisew hope Hughes' decision signals a stronger role for First Nations in determining how the lands in their territories will be used and in protecting the environment.

    “I think this case is a rebuke for the federal government in rushing these laws through Parliament without any consultation at all.”

    MORE National ARTICLES

    Government appeals ruling on RCMP boss's 'unreasonable' promotion decision

    Government appeals ruling on RCMP boss's 'unreasonable' promotion decision
    OTTAWA — The federal government is appealing a judge's decision that it was "unreasonable" for the top Mountie to deny a staff sergeant's bid for promotion because of a long-settled allegation of misconduct.

    Government appeals ruling on RCMP boss's 'unreasonable' promotion decision

    Baird says West 'grappling' with response to North Korea after Sony hack

    Baird says West 'grappling' with response to North Korea after Sony hack
    OTTAWA — Foreign Affairs Minister John Baird says the world is grappling with how to respond to a cyberattack crippling Sony Pictures and which the United States blames on North Korea.

    Baird says West 'grappling' with response to North Korea after Sony hack

    Baird headed to Egypt next month to push for Canadian journalist's release

    Baird headed to Egypt next month to push for Canadian journalist's release
    OTTAWA — Foreign Affairs Minister John Baird will travel to Egypt next month to push for the release of imprisoned Egyptian-Canadian journalist Mohamed Fahmy.

    Baird headed to Egypt next month to push for Canadian journalist's release

    'We lost a lifetime of hope' Lin's father says after Magnotta convicted of murder

    'We lost a lifetime of hope' Lin's father says after Magnotta convicted of murder
    The prosecution described Jun Lin as the perfect victim, a man without local family or friends to take notice when he walked into Luka Rocco Magnotta's apartment never to walk out again.

    'We lost a lifetime of hope' Lin's father says after Magnotta convicted of murder

    Man facing terrorism-related charge called 'lone wolf' and denied bail

    Man facing terrorism-related charge called 'lone wolf' and denied bail
    MONTREAL — A judge denied bail on Tuesday to a man facing a terrorism-related charge, calling him a "lone wolf" and a "danger to society."

    Man facing terrorism-related charge called 'lone wolf' and denied bail

    Some numbers from Luka Rocco Magnotta's first-degree murder trial

    Some numbers from Luka Rocco Magnotta's first-degree murder trial
    MONTREAL — Luka Rocco Magnotta was found guilty on Tuesday of first-degree murder and four other charges in the killing and dismemberment of Jun Lin in May 2012. Here are some numbers from the proceedings:

    Some numbers from Luka Rocco Magnotta's first-degree murder trial