Michele E. Annich

MiningWatch Canada appealed a decision regarding the federal environmental assessment of a proposed copper and gold mine.

The responsible authorities had scoped the project to exclude the mine and mill, thereby conducting a screening rather than a comprehensive study.

The Supreme Court of Canada held that the environmental assessment track must be determined by the project as proposed by the proponent, meaning a comprehensive study was required.

However, the Court limited the remedy to a declaration, declining to order the proponent to repeat the assessment process.

The plaintiffs, claiming to be descendants of the Papaschase Indian Band, brought an action against the Crown for breach of fiduciary duty, fraud, and treaty breach relating to the 1889 surrender of their reserve.

The Crown applied for summary dismissal.

The Supreme Court of Canada restored the chambers judge's order dismissing the action, finding that there was no genuine issue for trial because the claims were barred by the Limitation of Actions Act.

The evidence established that the causes of action were discoverable by the plaintiffs in the 1970s, well beyond the limitation period.