Blueberry River First Nation Wins Treaty Rights Case

The British Columbia Supreme Court has found that the cumulative effects of industrial development in Blueberry River First Nation's ("Blueberry") traditional territory have unjustifiably infringed its Treaty rights.

In Yahey v British Columbia, 2021 BCSC 1287, the Court ordered the Province of British Columbia to:

• stop authorizing activities that breach unjustifiably infringe Blueberry's Treaty rights; and
• negotiate with Blueberry to establish timely and enforceable mechanisms to assess and manage the cumulative impacts on Blueberry's Treaty rights and to ensure those rights are respected.

Justice Burke also held that:

• the Province's mechanisms for accounting for cumulative effects were lacking and contributed to the Province's breach of its Treaty obligations; and