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

January 23, 2024

Canada’s Best Lawyers 2024

Best Lawyers magazine has selected William Shores, K.C. as one of “Canada’s Best Lawyers 2024” in Administrative and Public Law.   Recognition by Best Lawyers is based entirely on peer…

Read More
January 8, 2024

Canada’s Best Law Firms 2024

Shores Jardine has been selected as one of “Canada’s Best Law Firms 2024” in the “Administration & Public Law” area of distinction.   The Globe and Mail’s Report on Business…

Read More
December 13, 2023

Fort McMurray Public School Division’s Spotlight on Alumni

Student-at-Law, Amin Ben Khaled, has been featured in the Fort McMurray Public School Division’s Spotlight on Alumni. Amin was asked questions about his public school education, how it prepared him…

Read More

Contact

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

Directions

triangle-grpahic