World Wildlife Fund v. Government of Canada (Department of Indian and Northern Affairs) and Broken Hills Propriety (BHP) (1996 FCTD)

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Diamond exploration in the Northwest Territories resulted in applications for approval of a number of diamond mine operations in the Territory. The first of these involved an application by Broken Hills Propriety (BHP) for approval by the Federal Government (Minister of Environment and Minister of Indian and Northern Affairs) for a series of diamond mines operated by BHP in the Lac des Gras region located northeast of Yellowknife. Following lengthy hearings across the Territory, the World Wildlife Fund (Canada) brought an application in the Federal Court of Canada for judicial review of recommendations of a Federal Environmental Assessment and Review Office (FEARO) (now CEAA) Review Panel regarding the application. Significant environmental issues included the de-watering of 12 lakes, impacts upon northern ecology and socio-economic effects on aboriginal communities in the region (Treaty 8 Dene, Treaty 11 Dogrib, Dene Nation and the Inuit of the Nunavut Settlement Area). The judicial review application was settled out of court, and resulted in the creation of an independent monitoring agency, revisions to policies of the Canadian Environmental Assessment Agency with respect to the consideration of “cumulative effects” in environmental assessments in northern Canada, and ‘clarification’ of the Government’s commitment to specified protected areas in the Territory.