A Liberal order blocking the expansion of an Alberta coal mine because of climate change has been quashed, says Blacklock’s Reporter..A Federal Court judge ruled Environment Minister Jonathan Wilkinson failed in his duty to consult a First Nation that supported the mine as a job creator..“There was no consultation at all,” wrote Justice Henry Brown..Indigenous supporters of coal mining were “inexplicably frozen out of this very one-sided process,” he added..Wilkinson in a July 30, 2020 order halted the expansion of Coalspur Mines Ltd.’s Vista Mine near Hinton..The expansion to produce 10 million tonnes of coal a year is entirely on the territorial lands of the Ermineskin Cree Nation..Lawyers for Ermineskin challenged the order with an agreement with the mine operator on jobs and economic benefits..They argued the cabinet order halting the expansion breached their Treaty rights to notice and consultation..“It is not disputed the minister did not consult with or even give notice to Ermineskin,” wrote Brown, who noted the Department of Environment only spoke with First Nations opposed to the mine..“I find as a fact Ermineskin was not given an opportunity to have any input.”.“If the mining activity is not approved, these valuable economic, community, and social benefits will be lost to Ermineskin.”.The court quashed the 2020 order halting construction..“Losses have already been incurred,” said the ruling..“The duty to consult is grounded in the honour of the Crown.”.In the Vista mine case cabinet took “an ungenerous approach to the duty to consult,” he said..“It seems to me we are beyond the stage where government officials, even ministers, may deprecate agreements entered into by First Nations by describing them as ‘speculative.’”.The Environment department did not comment..The court ruling cast in doubt a June 11 cabinet announcement banning new thermal coal mining operations in Canada as a climate threat..Wilkinson said he would not issue any federal permits for new mines or expanded operations..“New thermal coal mining projects or expansions are not in line with the ambition Canadians want to see on climate,” said Wilkinson..The environment department in a policy statement said the “continued mining and use of coal for energy production anywhere in the world is not environmentally sustainable and does not align with the Government of Canada’s commitments.”.Dave Naylor is the News Editor of the Western Standard.,dnaylor@westernstandardonline.com,.Twitter.com/nobby7694
