Judicial review allowed for First Nations deprived of promised consultation on coal mine assessment.
Three consolidated applications for judicial review challenged decisions denying the approval of the Grassy Mountain Steelmaking Coal Project under the Canadian Environmental Assessment Act, 2012.
Benga Mining Limited's application was dismissed as the court found the decisions reasonable.
However, the applications by the Piikani Nation and Stoney Nakoda Nations were allowed because they were deprived of procedural fairness.
A press release created a legitimate expectation that they would be consulted before the decisions were made, but they were not given a meaningful opportunity to provide submissions on mitigation measures and economic benefits from Impact Benefit Agreements.
