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Governments grappling with ‘cumulative impacts’ in environmental assessments – Lexpert

by ahnationtalk on September 25, 202378 Views

Sep 25, 2023

Forging partnerships with Indigenous groups can be a remedy for regulatory uncertainty, say lawyers

The concept of “cumulative impacts” in environmental assessments is the latest milestone as consent and collaboration requirements evolve in project development, say lawyers advising energy sector players on Indigenous consultation.

In June 2021, the BC Superior Court released its decision in Yahey v. British Columbia, 2021 BCSC 1287. The case involved Blueberry River First Nations, who claimed that the Crown, represented by the Province of British Columbia, had suffocated the meaningful exercise of their treaty rights through the cumulative impact of authorized industrial development. Blueberry River adhered to Treaty 8 in 1900. The treaty protects their rights to hunt, trap, and fish in the covered territory.

The court recognized that the province could “take up” lands for industrial development. Still, it noted that this power must be exercised only in a way that upholds Treaty 8’s promises and protections. The court found that the province breached the treaty by allowing development “at an extensive scale without assessing the cumulative impacts” and ensuring the First Nation could exercise its rights.

Read More: https://www.lexpert.ca/special-editions/energy/governments-grappling-with-cumulative-impacts-in-environmental-assessments/379850

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