The Deputy Comptroller granted water licenses to Synex for a hydroelectric project on Brown Lake in B.C. The ATTA, on behalf of the Gitzaxlaal Tribe, appealed these licenses claiming that their aboriginal rights would be adversely affected.
The Board found that the ATTA did not have standing under the Water Act to appeal the issuance of the water licenses. The Water Act was interpreted to have very narrow standing provisions as provided in section 38. The only parties who can be granted standing are a licensee, a riparian owner, or an applicant for a license. The Board did not find any evidence that the Gitzaklaal Tribe qualified as one of these parities. It further did not find the Tribe’s aboriginal rights were adversely affected but commented that they were not in a position to make such a finding since it is for the treaty process to determine.
