SCC Refuses Leave to Appeal in Halalt Case

The Supreme Court of Canada has dismissed Halalt First Nation’s application for leave to appeal the British Columbia Court of Appeal’s November 2011 decision in Halalt First Nation v. British Columbia (Minister of Environment). This ends a lengthy dispute regarding the validity of an environmental assessment certificate issued by the Province to the District of North Cowichan in 2009 authorizing the operation of Wells to supply water to the Town of Chemainus. The certificate had initially been set aside by the Supreme Court of British Columbia on the ground that the Province had not adequately consulted Halalt First Nation regarding potential impacts of the pumping project. The Court of Appeal reversed the BCSC decision to 2011, holding that the consultation undertaken in respect of the project was adequate. The Supreme Court of Canada’s decision to refuse to hear an appeal by Halalt leaves the Court of Appeal decision intact.

This updates our original Bulletin issued November 23, 2013: