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.

 

Recent Posts

November 20, 2023

CBA Administrative Law and Labour and Employment Law Conference

William (Bill) Shores, K.C., and the Honourable Justice David Stratas, of the Federal Court of Appeal were the speakers at the Closing Plenary session of the CBA Administrative Law and…

Read More
November 16, 2023

Commercial Real Estate Women – City of Edmonton Zoning Bylaw Renewal Presentation

On November 14, 2023, Gwendolyn Stewart-Palmer, KC spoke to the Edmonton Commercial Real Estate Women (CREW) regarding the City of Edmonton Zoning Bylaw Renewal.  Edmonton CREW was founded in 2010…

Read More
October 17, 2023

St. Thomas More Lawyer’s Guild of Northern Alberta

Shores Jardine LLP was delighted to support the St. Thomas More Lawyer’s Guild of Northern Alberta by attending the Red Mass and tribute dinner celebrating the Honourable Justice Kevin Feehan.…

Read More

Contact

Suite 2250, Bell Tower 10104 – 103 Avenue, Edmonton, Alberta T5J 0H8

Directions

triangle-grpahic