This case was heard in the Supreme Court of Newfoundland and Labrador (Trial Division).

In 2013, the Province of Newfoundland and Labrador approved a hydroelectric project that had been proposed by Nalcor Energy and issued a Permit to Alter a Body of Water. The Nunatsiavut Government applied to have the permit quashed by the Court, arguing that the project would cause mercury to accumulate downstream from the project, which would interfere with Inuit fishing rights.

After considering the history of the decision, the Court held that the possibility of mercury contamination had been addressed during the environmental assessment process. It also held that the Nunatsiavut Government should have challenged the environmental assessment itself rather than bringing a later claim before the courts, and it found that the provincial government had engaged in adequate consultation with the Inuit. It therefore dismissed the Nunatsiavut Government’s application.

View the Decision on CanLII: https://www.canlii.org/en/nl/nlsctd/doc/2015/2015canlii360/2015canlii360.html

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