ruling shows the regulatory system is too complicated

Trans Mountain ruling increases uncertainty among resource industry groups

Coldwater Indian band Chief Lee Canada Goose online Spahan holds an Canada Goose Online eagle feather before he and other First Nations leaders respond to a Federal Court of Appeal ruling on the Kinder Morgan Trans Mountain Pipeline expansion, during a news conference in Vancouver, on cheap Canada Goose Thursday August 30, 2018. In a unanimous decision by a panel of three judges, the court says the National Energy Board review of the project was canada goose store so flawed that the federal government could not rely on it as a basis for its decision to approve the expansion.

canada goose store DARRYL DYCK / THE CANADIAN PRESS canada goose store

buy canada goose jacket cheap The Federal Court of Appeal ruling that consultations for uk canada goose the Trans Mountain project were inadequate has raised concerns from the resources industry about added uncertainty around canada goose black friday sale the duty to consult Indigenous communities, though experts say the precedent adds further uk canada goose outlet clarity Canada Goose Jackets to what it means to meaningfully engage. buy canada goose jacket cheap

Thursday ruling found the federal government failed in its duty to meaningfully consult with First Nations on major projects as required by established legal principles and Indigenous rights. The court said the National canadian goose jacket Energy Board review of the proposal was so flawed that the federal government could not rely on it as a basis for its decision to approve the expansion.

canada goose clearance The court said that, among other issues, the Crown consultation team was missing someone representing government who could engage interactively and could discuss, at least in principle, how to accommodate conScerns. canada goose clearance

canada goose black friday sale was no meaningful two way dialogue, canada goose coats Justice Eleanor Dawson wrote on behalf canada goose uk black friday of a panel of judges. canada goose black friday sale

Canada Goose Jackets The canada goose coats on sale ruling means the government canada goose clearance sale will have to redo part of its consultation with Indigenous groups. Canada Goose Jackets

canada goose coats The https://www.pick-canadagoose.com court ruling doesn substantially change legal precedent which has continued to evolve since court rulings in the canada goose outlet early 2000s delivered enhanced recognition of the Crown constitutional obligation to consult, and in some cases, accommodate buy canada goose jacket Indigenous communities but adds clarity to the threshold required to genuinely understand the concerns of the Indigenous applicants, said David Wright, who teaches resource and Indigenous law at the University of Calgary. canada goose coats

Canada Goose Parka not enough to listen, it not enough to just transmit notes back to decision makers, he canada goose said. Canada Goose Parka

cheap Canada Goose decision takes things further along the path to clarity in terms of what required to discharge consultation obligations, but some uncertainty remains. industry, the decision is the latest setback in attempts to Canada Goose sale build major resource projects in the country and adds another layer of uncertainty for investors. cheap Canada Goose

Canada Goose sale Chris Bloomer, CEO of canada goose uk outlet the Canadian Energy Pipeline Association, said cheap canada goose uk the federal government needs to repair its ailing regulatory system. Canada Goose sale

gotta fix the problem, we can keep blaming. We at this point where let buy canada goose jacket cheap stop trying to find things to blame on people or organizations, let fix the problem. ruling shows the regulatory system is too complicated, said Tim McMillan, CEO of the Canadian Association of Petroleum Producers.

canada goose think it reaffirms that, in Canada, we have a system that so complex that even governments struggle with it Canada needs to reposition itself to canada goose clearance be competitive, and having a regulatory system that is understandable, streamlined, simple, I think, isn too much to ask. analyst Ian Gillies said in a note that the ruling will lead investors to question whether other large projects will move forward. canada goose

buy canada goose jacket believe the regulatory goat rodeo regarding Canada Goose Parka this project (and others) has led to a significant reduction in investment in Canada and outright divestitures by foreign corporations. decision is a real blow to the Canadian economy as a whole, but won likely affect mining projects, said Pierre Gratton, president of the Mining Association of Canada. buy canada goose jacket

canada goose coats on sale industry now has a pretty long history now of how to do its work well, so that Indigenous groups are pretty satisfied. Usually the new project comes with agreements between the company and the affected communities. situation is quite different for pipeline projects that cross vast geographies, said Gratton. canada goose coats on sale

most complicated mining project canada goose uk shop might have a dozen First Nation communities involved, not, you know, well over a hundred Canada Goose Outlet as a linear project would have. with the Trans Mountain projects, the mining industry has seen other setbacks because of a lack of clarity from governments on the duty to properly consult Indigenous groups.

Canada Goose Outlet The Ontario Superior Court overturned a gold mining permit in July after deciding the Ontario government failed to consult with the Eabametoong First Nation. Canada Goose Outlet

Canada Goose online Gratton said continued setbacks on the consultation file, including the ruling on Trans Mountain, is a real challenge for country. Canada Goose online

canada goose clearance sale not an easy task to ensure that duty has been fulfilled, is what this decision seems to be saying. That obviously of concern. criteria and level of consultation expected by the court are, however, well established, said Bill Gallagher, a lawyer and resource industry consultant. canada goose clearance sale

canada goose deals duty to consult has been defined definitively for at least eight years. said it was clear that the consultations the Trudeau government conducted were inadequate, even though the government did another round of discussions after the Federal Court of Appeal overturned Stephen Harper approval of the Northern Gateway pipeline in 2016 over a failure to consult canada goose deals.