A Federal Court ruling Tuesday has thrown out a decision from federal Environmental Minister Steven Guilbeault denying a permit for an open-pit coal mine in the Alberta Rockies.Proposed site of the Grassy Mountain mining project, in the Crowsnest Pass area of Alberta, taken June 16, 2021. A Federal Court ruling Tuesday has thrown out a decision from federal Environmental Minister Steven Guilbeault denying a permit for an open-pit coal mine in the Alberta Rockies.
The court ruled that the Piikani and Stoney First Nations never received a consultation opportunity they had been promised by the federal-provincial panel that reviewed Benga's application. "This report stated that the Agency considered the consultation process conducted to date to be reasonable and properly implemented, and that affected Indigenous communities were given sufficient opportunity to express their views and share concerns throughout the process," Southcott wrote.
"Once the news release gave rise to a legitimate expectation that such procedure would be followed, that procedure was required by the duty of fairness, and the First Nation applicants were entitled to take advantage of the opportunity."