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Jul 28, 2021
Ruling dramatically lowers the bar for First Nations to demonstrate their treaty rights have been infringed
A British Columbia Supreme Court decision requiring the provincial government to consider the “cumulative effects” of development could mandate First Nations’ consent for any new project on historic treaty lands in Canada.
“The decision can be construed as granting Blueberry River First Nations (BRFN) a veto on new development over its entire territory, thereby transferring control of a substantial portion of B.C.’s resource base from the province to BRFN,” said Sander Duncanson, a partner in Osler, Hoskin & Harcourt LLP’s Calgary office, where he practises Aboriginal and environmental law.