Resource+regime+and+jurisdiction3

RESOURCE REGIME/ JURISDICTION ·State (and common property) regime

·Provincial Jurisdiction Constitution Act 1982 gives provinces control over hydroelectric facilities; ownership of water. –Provincial Water Act licenses water use: Hydro Quebec must apply to province for license for // non-consumptive // use of water

·Federal Jurisdiction Constitution Act 1982 gives feds control over Fisheries, native lands, navigation, migratory wildlife Feds have say in provincial projects if these jurisdictional powers are affected

ABORIGINAL RIGHTS ·Constitution Act gives rights to First Nations rights to resources for subsistence. Traditional way of life closely tied to aboriginal sovereignty over resources. Use of resources based on common property regime.

In the case of the Great Whale project, many stakeholders from their respective jurisdictions, were involved in a very lengthy environment assessment to determine the potential impacts of the project. Given the elected Quebec government of the time of the initial project proposal was for Hydro-Quebec's Great Whale project, there was some concern from the tax paying public in Hydro-Quebec's competency given their extensive debt. Due to the time delay, brought on by Aboriginal politics, proper and decisive environmental assessments were carried out by all parties involved. Scientific data was taken into consideration for the social-economic as well as the social-political aspects involved. The shelving of the Great Whale Project is truly a champion like feat in a world driven completely by economics and big industry. Below is a map outlining the proposed project.