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.
Kirk Lambrecht Q.C. has published two case comments. This first, entitled Will Governments Embrace Constitutional Imperatives Flowing from the Honour of the Crown?, compares the context of the decision of…Read More
Shores Jardine LLP is pleased to sponsor a table at the YWCA Edmonton’s Rose Campaign 2020. The Rose Campaign is held each year in honour of the memory of 14…Read More
On October 15, 2020, Kirk Lambrecht Q.C. presented to the CBA North Administrative Law section on the topic: Vavilov: Making Sense of Judicial Review and Statutory Appeal.Read More