Treaty Rights And Resource Development: The Cumulative Effects Claims Begin To Pile Up

Our 2021 Legal Year in Review update discussed the landmark B.C. Supreme Court decision in Yahey v. British Columbia (Yahey) which held that the cumulative impacts of industrial development within the traditional territory of the Blueberry River First Nations (Blueberry River) amounted to an infringement of their rights under Treaty 8. As anticipated, Yahey led other First Nations communities and groups to file claims alleging treaty infringement based on cumulative impacts from industrial development.

The rise in cumulative effects treaty-infringement claims is an evolving area of Indigenous law with potentially critical implications for resource development and the regulatory frameworks governing project assessment across Canada.