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.
In Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association, the Supreme Court of Canada (the “Supreme Court”) created a new category of correctness review for…Read More
On June 17, 2022, Gwendolyn Stewart-Palmer, Q.C. was the keynote speaker at the Alberta Municipal Legal Advisors conference in Red Deer, the first in person conference since COVID-19.Read More
On June 24, 2022 Bill Shores, will leave Kananaskis to cycle to Waterton and then across to Cypress Hills, all in support of youth mental health. Along with 19 other…Read More