ClaimMechanism
The one-year review clock is soft (study time is excluded and extensions are allowed). What slows the build-out is First Nations lawsuits and the courts, whatever Washington intended; but in the record so far they delay projects and send approvals back more often than they stop them, and benefit agreements have ended several of the suits.
The evidence it rests on
Supports (6)
- First Nations file a constitutional challenge to Ontario's Bill 5 (special economic zones) and federal Bill C-5 in the Ontario Superior Court, seeking C$100M and injunctions
Challenge to both fast-track laws.
Documented by: Woodward & Co. (CNW news release), “First Nations launching major constitutional challenge to kill Bill 5, the Ford government's megadevelopment law, and Bill C5, Canada's megaprojects law” (external site), . and 3 more
- Friends of the Attawapiskat River file Federal Court judicial review of the federal Webequie Supply Road approval
Judicial review of an approved road.
Documented by: Federal Court of Canada (filed copy posted by Legal Advocates for Nature's Defence), “Notice of Application, Federal Court file T-3312-26 (Friends of the Attawapiskat River), judicial review of the Webequie Supply Road decision” (external site), . and 1 more
- BC Court of Appeal rules in the Gitxaała case that BC's Declaration Act brings UNDRIP into BC law 'with immediate legal effect'
DRIPA given immediate legal effect.
Documented by: BC Laws, “Declaration on the Rights of Indigenous Peoples Act, SBC 2019, c. 44” (external site), . and 2 more
- Supreme Court of Canada agrees to hear B.C.'s appeal in the Gitxaała case on DRIPA and the mineral claims regime
Supreme Court will hear it.
Documented by: RAVEN, “Gitxaała Nation (RAVEN campaign page)” (external site). and 4 more
- Lummi Nation and a Southeast Alaska tribal commission seek leave to intervene in the Gitxaała appeal at the Supreme Court of Canada
The Gitxaała appeal has reached the Supreme Court of Canada and draws interveners from across the border: the build-out's fights are still in the courts.
Documented by: Supreme Court of Canada, “Supreme Court of Canada case 42200 (Chief Gold Commissioner of British Columbia, et al. v. Gitxaala Nation, et al.): docket” (external site), .
- Peter Ballantyne Cree Nation seeks judicial review of Saskatchewan's environmental approval of Denison's Wheeler River project
Peter Ballantyne Cree Nation sought judicial review of Saskatchewan's approval of the Wheeler River uranium project, citing a breach of the duty to consult: litigation aimed at a project's approval.
Documented by: Prince Albert Daily Herald, “PBCN files challenge to Wheeler River uranium project consultation process” (external site), . and 1 more
Complicates (5)
- Metlakatla and Lax Kw'alaams withdraw Federal Court challenges to Ksi Lisims LNG after benefit agreements with the project, led by Houston-based Western LNG
Benefit agreements ended two suits: the brake can be released by deals.
Documented by: The Conversation, “Who benefits from nation-building projects like Ksi Lisims?” (external site), . and 4 more
- Yukon and federal governments approve the Kudz Ze Kayah mine again despite Kaska opposition, saying 'consent may not always be achievable'
Government approved over objection.
Documented by: CBC News, “Kudz Ze Kayah mine project in Yukon approved again, while First Nation blasts decision” (external site), .
- BC Supreme Court dismisses the Gitanyow Hereditary Chiefs' petition against the Ksi Lisims LNG assessment
The BC Supreme Court dismissed the Gitanyow chiefs' petition against the Ksi Lisims LNG assessment: a lawsuit that did not stop the project.
Documented by: CBC News, “Ksi Lisims LNG project in northwest B.C. survives judicial challenge” (external site), .
- Peter Ballantyne Cree Nation withdraws its judicial review after an agreement with Denison and gives its consent to Wheeler River
Eight months later the Nation withdrew its review and consented to Wheeler River after an agreement with Denison: the lawsuit ended in a deal, not a stop.
Documented by: Denison Mines (PR Newswire, via Nasdaq), “Peter Ballantyne Cree Nation Withdraws Judicial Review and Confirms Support for the Wheeler River Project” (external site), . and 1 more
- Federal Court of Appeal upholds the second Trans Mountain approval
The Federal Court of Appeal upheld the second Trans Mountain approval in 2020: after renewed consultation, the courts let the pipeline go ahead, and it was built.
Documented by: Federal Court of Appeal, “Coldwater First Nation v. Canada (Attorney General), 2020 FCA 34” (external site), .
Corrections to this claim
Updated: our study of First Nations positions found that court challenges sent approvals back more often than they stopped projects, and that benefit agreements ended several suits.
- Text
- was
The one-year review clock is soft (study time is excluded and extensions are allowed). The real brakes on the build-out are First Nations lawsuits and the courts, whatever Washington intended.nowThe one-year review clock is soft (study time is excluded and extensions are allowed). What slows the build-out is First Nations lawsuits and the courts, whatever Washington intended; but in the record so far they delay projects and send approvals back more often than they stop them, and benefit agreements have ended several of the suits. - Text fr
- was
Le délai d'examen d'un an est souple (le temps d'étude en est exclu et des prolongations sont permises). Les vrais freins à la vague de construction sont les poursuites des Premières Nations et les tribunaux, quelles qu'aient été les intentions de Washington.nowLe délai d'examen d'un an est souple (le temps d'étude en est exclu et des prolongations sont permises). Ce qui ralentit la vague de construction, ce sont les poursuites des Premières Nations et les tribunaux, quelles qu'aient été les intentions de Washington; mais jusqu'ici, ils retardent les projets et renvoient les approbations plus souvent qu'ils ne les arrêtent, et des ententes sur les retombées ont mis fin à plusieurs de ces poursuites.
Claims are weighed by the evidence under them, actions first. Method.