Mining industry and government dispute report
claiming laws unfair to First Nations
A new U.S. report says B.C. mining laws are unfair to First Nations, but that doesn't wash with the provincial government. B.C.'s mining minister, Randy Hawes, is dismissing the report from an International Human Rights Clinic of the Harvard Law School, as the province's three major political First Nations groups call on the Liberal government to heed the findings. The report, called Bearing the Burden, said First Nations communities are not part of the decision-making for future mining activity on their lands. See the news story as reported by The Province.

B.C. industry urges Federal approval for Prosperity Mine
The Mining Association of British Columbia (MABC) along with the B.C Chamber of Commerce and the Business Council of British Columbia are asking the federal Cabinet to support the Prosperity mine project now that the federal review panel's report has been completed.

The Prosperity Mine project, located in central B.C. is expected to contribute $340 million dollars annually to provincial GDP, $400 million in provincial revenue and $43 million to local and regional government over the life of the project. See the article published by the MABC.

Catalyst Paper closes Campbell River mill
On July 6, Catalyst Paper said that it is permanently closing its Elk Falls paper mill near Campbell River, B.C., and its paper recycling operation in Coquitlam, B.C.

The Elk Falls mill has been idle since 2009, while the paper recycling operation was indefinitely closed in February.

Catalyst recently lost a court battle with four of the B.C. municipalities where it has mills over what the company said were exorbitant annual municipal taxes.

Catalyst paid its taxes in three of the four municipalities June 30, the day before the tax deadline. (See related story). See the news story as reported by CBC news.

Related story:
Catalyst pays tax bill in full to
three of four municipalities
Catalyst Paper paid its full municipal property tax bill in three of the four municipalities that host its BC paper mills, but is seeking leave from the Supreme Court of Canada to appeal a recent court decision involving the fourth municipality, the city of North Cowichan on Vancouver Island. Catalyst recently announced that it will pay more than $15 million in municipal taxes to Powell River, Campbell River, Port Alberni and the District of North Cowichan. See the news release as published by Catalyst.

WCEL raises legal questions about Oliver slide
West Coast Environmental Law is concerned about the province's response to the landslide that hit Oliver, BC on June 13th. The slide was caused by a man-made lake created by Elkink Ranch Ltd. under a water licence – issued under the province's Water Act – allowing the ranch to use and store water in Testalinden Lake for irrigation. The article comments on the province's response and the legal obligations and responsibilities it is citing in response to the slide. See the news article as reported by West Coast Environmental Law.

Non-wood pulp mill in Manitoba
A group of investors that includes actor Woody Harrelson is hoping to produce high-quality, eco-friendly paper from wheat and flax straw in southern Manitoba for such businesses as Staples and Office Depot. Their company, Prairie Pulp and Paper, has already produced small runs of its "tree-free, chlorine-free" paper with favourable results, and it's now ready to test its innovative process on a commercial scale. If successful, the company plans to build North America's first commercial-scale non-wood pulp and paper mill in rural Manitoba. See the news story as reported by the Winnipeg Free Press.

B.C. Court confirms limited jurisdiction
of Department of Fisheries and Oceans over
development in riparian areas
In a recent decision of importance to project developers dealing with the Department of Fisheries and Oceans (DFO, now known as Fisheries and Oceans Canada or FOC), the Supreme Court of British Columbia exposed the institutional fiction that the DFO may reject development proposals that do not cause harmful alteration, disruption or destruction to fish habitat (HADD). In doing so, the Court found that the DFO extended far beyond its legitimate authority in trying to establish a decision-making role for itself in development proposals in riparian areas, in circumstances where no harmful alteration, disruption or destruction to fish habitat would result. The Court confirmed that DFO approval is not required for activities that do not cause a HADD and consequently, the DFO has no jurisdiction to deny non-HADD developments. Further, the Court's discussion confirms that the DFO's opinion on how non-HADD developments should be built should not be relied upon by either local governments or the province to deny development approval. See the news article as reported by Blakes.