Treaty rights and resource development: The cumulative effects claims begin to pile up

Legal Year in Review

In this article – “Treaty rights and resource development: The cumulative effects claims begin to pile up” – we review the rise in cumulative effects treaty infringement claims in 2022; the B.C. Supreme Court decision in Yahey that the province’s regulatory regime did not appropriately consider or assess the cumulative impact of development on Blueberry River’s treaty rights.; the B.C. government’s decision to enter into negotiations with Blueberry River to assess and manage the cumulative impacts of industrial development; Duncan’s First Nation claim against the Alberta government alleging an unjustifiable infringement of their treaty rights based on the cumulative effects of development in their traditional territory; and a claim brought by Chapleau Cree First Nation, Missanabie Cree First Nation and Brunswick House First Nation against the Ontario government alleging that cumulative impacts from development have infringed their treaty rights.

This article is authored by Maureen Killoran, KC, Osler National Co-Chair; Richard J. King, partner and Co-Chair, Regulatory, Environmental, Indigenous and Land; Sander Duncanson, partner and Co-Chair, Regulatory, Environmental, Indigenous and Land; and Sean Sutherland and Erin R.J. Bower, associates, Litigation.
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Our Legal Year in Review, published December 7, 2022, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.
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