Climate and Energy

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Site C Dam – The Crown’s Approach to Treaty 8 First Nations Consultation - Legal Backgrounder

The Site C Dam project proposal engages the jurisdiction and lawful authority of Treaty 8 First Nations. Both the BC and federal governments have a constitutional duty to consult and accommodate Treaty 8 First Nations in making decisions about the project. The province’s decision to proceed with the Site C Dam was taken without proper consultation with Treaty 8 First Nations. There have been numerous flaws in the way the Crown has approached First Nations consultation on the Site C Dam.

Site C Dam – The Environmental and Regulatory Process - Legal Backgrounder

The Site C Dam will be subject to both provincial and federal government environmental and regulatory processes. These processes are unlikely to stop the Site C Dam from being built, even given the project’s severe environmental, social and cultural impacts. The provincial environmental assessment process is weak, lacks independence, and lacks meaningful requirements for public participation and government-to-government engagement with First Nations.

Bill 17 – Clean Energy Act Backgrounder

The Clean Energy Act (the “Act”) is the government’s attempt to find a way forward in the renewable electricity sector, which has been rife with heated debate and community opposition. Much of this opposition has resulted from the absence of credible, transparent and inclusive planning to limit the potentially harmful environmental, economic and social impacts of new generation while maximizing public benefit.

Comments of West Coast Environmental Law on Metro Vancouver 2040 Shaping Our Future

Today West Coast provided comments on Metro Vancouver’s latest draft of a new Regional Growth Strategy (RGS), entitled Metro Vancouver 2040: Shaping Our Future ( November 2009 draft). While West Coast supports the direction and goals of the new draft RGS and the range of strategies proposed, we have concerns that many of the actions and processes stipulated as the means to accomplish those goals reflect a lack of commitment to concerted, firm action by member municipalities. Our concern is that weak language in the Plan will mean the region will fail to achieve its goals.

Improving Opportunities for Public in Crown Land Tenure and Water Licence Approval Process for IPPs

This backgrounder identifies weaknesses in the current provincial process for reviewing applications for Crown land tenure and water licences for run-of-river electrical generation projects, which make it difficult for members of the public to be involved in the IPP projects decision-making processes. The paper includes recommendations as to how this process could be improved.

Toward a Planned Approach To IPP Projects In BC - Strategic Environmental Assessment

This backgrounder examines the principles that inform a strategic environmental assessment and the way in which such assessments are implemented, with a focus on adopting a ‘more planned approach’ to IPP power projects in BC. The paper outlines case studies from other Canadian jurisdictions that have used strategic environmental assessment to make decisions about renewable energy and other projects affecting the environment.