Bernard Letarte

Appeal concerning whether a mining project in the James Bay Territory, approved under the environmental assessment regime in a modern treaty, was nevertheless subject to a further federal environmental assessment before a fisheries authorization could issue.

The majority held that the treaty is protected by s. 35 of the Constitution Act, 1982, but does not exclude the operation of federal laws of general application requiring CEAA compliance before issuance of a Fisheries Act permit.

The treaty's single-review provision governed internal treaty review processes only and did not eliminate the proponent's obligation to obtain necessary post-approval federal permits.

The Court varied the Court of Appeal's order to confirm that any fisheries authorization must comply with CEAA procedures and the Crown's duty to consult.