Two interns from West Coast Environmental Law (WCEL) probably said it best.
“We were surprised to learn that the Halalt Nation is asked to provide detailed input on similarly complex development proposals every day. This underscored for us the challenge that First Nations face in processing these requests with the limited resources of their small communities, and the scope and complexity of the task of keeping up with proposed developments on and changes to their traditional lands.”
Justin Basinger and Dyna Tuytel, legal interns from WCEL wrote the above on their blog after sitting through one day of an extended BC Supreme Court hearing. Halalt is asking for a judicial review of the process that allowed a municipal project to go ahead that has already seen water being pumped from the Chemainus River aquifer.
And now the hearing, that was expected to be wound-up in early July, has been extended for another ten days in mid-November.
Chief James Thomas has already sat through several days of the arguments in the Vancouver courtroom with Court Justice Catherine Wedge presiding. So far the court has heard five days of submissions from Halalt’s lawyer William Andrews of North Vancouver and ten days from Julie Owen who represents the provincial government.
Respondents in the case are BCs Ministry of Environment and Ministry of Community Development and the District of North Cowichan. Halalt is arguing that the province failed in its duty to properly consult and accommodate the Nation whose reserve land is adjacent to the well site and whose traditional territory includes much of the river’s watershed.
The court case was first scheduled to be heard last winter before major works began on the $6 million project. But the project has now been completed.
Part of Halalt’s court costs are being funded by WCEL, but the two interns noted in their blog that:
“In this case the Halalt were able to receive a grant from WCEL’s Environmental Dispute Resolution Fund to hire their lawyer, but not every First Nation has this option for every consultation request they receive.
“It is unfortunate this dispute has had to go before a court, but the Halalt First Nation is optimistic that the strong legal basis for their concerns will be recognized.”