Industry likely nervous about implications for projects

B.C. business and industry responded cautiously to a high-court decision released Thursday that broadens First Nations’ land rights, saying it may provide more clarity on aboriginal title (a positive) and that it reinforces the need to continue to develop beneficial relationships with First Nations on resource projects (a positive).

However, there is little doubt that business and industry are nervous about the decision and its implications for major projects opposed by First Nations in B.C., such as Enbridge’s $7.9-billion Northern Gateway pipeline and some mining projects.

Just hours after the decision, the Tahltan Nation announced it was preparing a rights and title case to halt Fortune Minerals’ proposed $789-million Arctos Anthracite coal mine in northwestern B.C.

And while First Nations have been more open to dis- cussing support of liquefied natural gas export plants on the B.C. coast and natural gas pipelines (there are more than a dozen plants proposed and four pipelines), there is concern that opposition over issues such as hydraulic fracturing could delay projects enough that B.C. fall behind other players in the U.S. and Africa that are also developing LNG projects.

The unanimous Supreme Court of Canada decision says governments can justify “infringement” of aboriginal title when First Nations have not consented to resource development projects under specific circumstances, but that is likely to give business and industry little comfort.

In order to justify that infringement, government must properly consult and prove there was a “compelling and substantial” public interest.