Cumulative Impacts & The Duty to Consult

September 28, 2015

posted in: Legal Updates

The recent case Yellowknives Dene First Nation v. Canada from the Federal Court of Appeal is an important decision in the context of cumulative impacts assessment and specifically impacts to heritage resources.  This decision is also significant in demonstrating the reviewing Court’s willingness to place the Crown’s duty to consult on the shoulders of administrative tribunals mandated to conduct environmental assessments.

While the decision may not be the final chapter on the issues of whether the Crown’s duty to consult can be fully transferred to the environmental process, it is currently an authority that conclusively linked the constitutional doctrine of consultation to the process requirements founded in administrative law.

Click here for summary.

 

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