Gwich'in Tribal Council v KBL Environmental Ltd

canada, canadian, case law, court opinion, canlii, ntca, 2026nwtca1, 2026 nwtca 1 (canlii), 2026, nwtca, 1, (canlii), a-1-ap-2024-000006, 2026, administrative law, appeals from judicial review, standard of review, appellate court “steps into the shoes” of the application judge, presumptive reasonableness review under canada (minister of citizenship and immigration) v vavilov, correctness for jurisdictional boundaries between administrative bodies, judicial review dismissal upheld, appeal dismissed, administrative law, procedural fairness, public hearing discretion, mackenzie valley resource management act, s 72.15, whether declining a public hearing breached procedural fairness, baker v canada (minister of citizenship and immigration) meaningful opportunity analysis, refusal of late evidence under rules of procedure upheld, hearing refusal reasonable, appeal dismissed, indigenous peoples, duty to consult, regulatory consultation, whether duty to consult was fulfilled before issuing the renewal licence, consultation may be carried out wholly through a regulatory process, chippewas of the thames first nation v enbridge pipelines inc, reasonableness review of adequacy, haida nation and ktunaxa nation, board’s consultation findings upheld, appeal dismissed, administrative law, jurisdiction, transboundary effects, whether the licence was a transboundary project outside the regional panel’s jurisdiction, correctness review of jurisdictional boundaries, vavilov, statutory allocation under mackenzie valley resource management act, ss 102(2), 103(2), record contained no evidence of impacts outside management area, no competing boards, appeal dismissed, statutory interpretation, environmental assessment process, preliminary screening exemption, exemption list regulations (sor/99, 13), ss 2, 2.1 and mackenzie valley resource management act, part 5, whether “environmental assessment process” includes preliminary screening, prior preliminary screening satisfied part 5 requirements, no “modification” for renewal, no new preliminary screening required, appeal dismissed