A four-year-long disagreement between the Gwich'in Tribal Council and Gwich'in Land and Water Board has come to a resolution by way of the NWT Supreme Court.
In a 24-page decision dated July 11, supreme court justice Karan M. Shaner denied a request by the Gwich'in Tribal Council (GTC) to overturn a Gwich'in Land and Water Board (GLWB) decision to renew KBL Environmental Ltd.'s water licence at the Inuvik soil treatment facility, saying the GLWB has followed protocol under the legal framework and the "decision to renew the licence is reasonable and must remain undisturbed." The judge also dismissed the additional concerns raised by the GTC involving the duty to consult under treaty obligations, noting the GTC had ample time to raise those concerns during the licensing and did not do so until after the consultation period closed.
"The record confirms the established processes were followed, in my view, resulting in a robust consultation process which included due consideration of the concerns, views and requests the GTC presented," wrote Shaner in her decision. "It is apparent from the GLWB's reasons for its decision to renew the licence that it took the GTC's and other parties' concerns into account in setting the licence's terms and conditions."
The GTC raised concerns in 2021 before the facility came online in regards to the company's compliance with its licence. KBL Environmental had initially obtained the licence to run the facility in 2017, though the facility was not ready for use until 2021.
After the GTC raised concerns, the GWLB requested the GNWT's Department of Environmental and Natural Resources conduct an inspection of the facility. That inspection found the company to be in a number of violations of its land and water use license, including a lack of fencing to keep wildlife out, widespread litter and garbage at the site and soil not being analyzed chemically before being accepted at the site. On top of that, even though KBL's licence had technically expired, the company was still operating the facility.
The GTC had called for a public inquiry into the matter, but the GWLB refused to host one, saying it had addressed the violations in the renewal process SA国际影视传媒� and Shaner agreed.
"The GLWB considered whether the GTC would have the opportunity to put forth its concerns in the absence of a public hearing and determined it would have the opportunity when the draft renewable was circulated," Shaner stated in her decision. "It is clear from the record the GLWB both considered and addressed KBL's non-complance with the terms and conditions of the initial licence. At the time the renewal application was made, compliance and enforcement fell to ENR. It will be recalled the GLWB brought the GTC's concerns about non-compliance to ENR's attention, which in turn produced a written report, which was circulated to all parties on Aug. 19, 2022.
"In its Sept. 8 decision regarding whether to hold a public hearing, the GLWB noted ENR's report did not suggest there were major compliance concerns. Moreover, the compliance concerns were rectified or were being rectified by KBL. The GLWB's findings on this point are supported by the record and they are reasonable."
On its website, KBL Environmental states that it is privately owned and was founded in 2006. "KBL was born in CanadaSA国际影视传媒檚 North."
