A civil engineer, Mr. Redmond, was denied approval to build a small-scale hydroelectric project because of the impact it was going to have on the spiritual practices of a local First Nation group. Mr. Redmond applied for judicial review, arguing that his Charter right to freedom of religion was infringed. The judge dismissed his application. The court of appeal dismissed his appeal Administrative law – Decisions reviewed – Ministry of Forests – Permits and licences – Judicial review – Appeals – Standard of review – Reasonableness – Charter of Rights and Freedoms – Freedom of Religion Redmond v. British Columbia (Forests, Lands, Natural Resource Operations and Rural Development) , [2022] B.C.J. No. 289, 2022 BCCA 72, British Columbia Court of Appeal, March 3, 2022, M.E. Saunders, G. Dickson and J.C. Grauer JJ.A. The appellant, Mr. Redmond, is a civil engineer. He applied for a license to build a private micro-scale run-of-river hydroelectric project (the “project”) on a creek called Wahleach Creek located on Crown land within the traditional territory of several First Nations. The project would generate electricity to power up to eight houses. Mr. Redmond’s application required the respondent, Director of Authorizations for the Ministry of Forests, Lands, […]
