As part of this, the current Review of processes for environmental assessment in Canada proposes to be responsive to Indigenous rights, jurisdiction and recognizing that the Government is committed to a renewed relationship with Indigenous peoples, nation-to-nation, Inuit-to-Crown, This renewed relationship is based on the recognition of rights, respect, co-operation and partnership. Information on the Statute of Limitations regarding the Mount Polley disaster The federal and provincial governments take environmental protection very seriously. The British Columbia Conservation Officer Service, Fisheries and Oceans Canada, and Environment and Climate Change Canada are conducting the investigation into the tailings pond breach at the Mount Polley mine site. To date, evidence has been collected regarding the breach under the provincial Environmental Management Act and the federal Fisheries Act. All of the information gathered during the course of this investigation will be considered by the Public Prosecution Service of Canada should charges be recommended. Sections 25(1) and 36(3) of the Fisheries Act general prohibition against – destruction of fish habitat, and deposit of a deleterious substance to water frequented by fish, respectively are the classic pollution charges. Under – section 82 of the federal Fisheries Act there is a limitation period of 5 years where the Crown proceeds summarily. There is no limitation period where the Crown proceeds indictably under the Fisheries Act. Under Section 124 of the B.C. Environmental Management Act, a statute under which charges might be laid in the Mount Polley matter, there is a limitation period of 3 years after the facts on which the information is based arose, or 18 months after the facts became known if a special certificate was issued by the B.C. Minister of the Environment. This limitation period still applies where the Crown proceeds indictably. Who accords the to non-indigenous partners (e.g. resource extraction companies) to continue with their activities without ceasing even when the dispute is not solved or if the treaty is still before the courts? The legal duty to consult arises when the Crown (federal and provincial) contemplates any conduct that could have an impact on either asserted or established Aboriginal or Treaty Rights. Major projects have the potential to adversely impact established or asserted Aboriginal and Treaty rights as affirmed in section 35 of the Constitution Act, 1982 and as a result, meaningful consultation surrounding these projects is critical. Canada’s consultation approach to major projects enables early engagement with Indigenous groups, provides support for their participation in consultations, and
As part of this, the current Review of processes for environmental assessment in Canada proposes to be responsive to Indigenous rights, jurisdiction and recognizing that the Government is committed to a renewed relationship with Indigenous peoples, nation-to-nation, Inuit-to-Crown, This renewed relationship is based on the recognition of rights, respect, co-operation and partnership. Information on the Statute of Limitations regarding the Mount Polley disaster The federal and provincial governments take environmental protection very seriously. The British Columbia Conservation Officer Service, Fisheries and Oceans Canada, and Environment and Climate Change Canada are conducting the investigation into the tailings pond breach at the Mount Polley mine site. To date, evidence has been collected regarding the breach under the provincial Environmental Management Act and the federal Fisheries Act. All of the information gathered during the course of this investigation will be considered by the Public Prosecution Service of Canada should charges be recommended. Sections 25(1) and 36(3) of the Fisheries Act – general prohibition against destruction of fish habitat, and deposit of a deleterious substance to water frequented by fish, respectively – are the classic pollution charges. Under section 82 of the federal Fisheries Act there is a limitation period of 5 years where the Crown proceeds summarily. There is no limitation period where the Crown proceeds indictably under the Fisheries Act. Under Section 124 of the B.C. Environmental Management Act, a statute under which charges might be laid in the Mount Polley matter, there is a limitation period of 3 years after the facts on which the information is based arose, or 18 months after the facts became known if a special certificate was issued by the B.C. Minister of the Environment. This limitation period still applies where the Crown proceeds indictably. Who accords the to non-indigenous partners (e.g. resource extraction companies) to continue with their activities without ceasing even when the dispute is not solved or if the treaty is still before the courts? The legal duty to consult arises when the Crown (federal and provincial) contemplates any conduct that could have an impact on either asserted or established Aboriginal or Treaty Rights. Major projects have the potential to adversely impact established or asserted Aboriginal and Treaty rights as affirmed in section 35 of the Constitution Act, 1982 and as a result, meaningful consultation surrounding these projects is critical. Canada’s consultation approach to major projects enables early engagement with Indigenous groups, provides support for their participation in consultations, and
INT_CERD_SRY_CAN_29012_E.docx