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ARTICLE · 02 SEPTEMBER 2021

Recent Developments In Aboriginal Law: Cumulative Effects, Equitable Compensation And Duty To Consult

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Three important decisions relating to Indigenous peoples across Canada have been issued recently: Yahey v British Columbia, Southwind v Canada and Ermineskin Cree Nation v Canada (Environment and Climate Change).

CanadaGovernment, Public Sector
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Three important decisions relating to Indigenous peoples across Canada have been issued recently: Yahey v British Columbia, Southwind v Canada and Ermineskin Cree Nation v Canada (Environment and Climate Change). The three decisions have notable implications for development projects across Canada and the Crown's discharge of its duty to consult. 

  • Yahey v British Columbia has substantial implications for how cumulative effects are considered in project approvals. 
  • Southwind v Canada provides guidance for assessment of equitable damages and breaches of fiduciary duty involving the taking of reserve land. 
  • Ermineskin Cree Nation v Canada (Environment and Climate Change)  confirms the importance of economic benefits derived from Treaty or Aboriginal rights.

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