‘Time is now’ to change approach to land use after B.C. treaty ruling, lawyer says

By Ian Burns
The Lawyer’s Daily
July 13, 2021
Category: Business & Politics
Region: Canada

A B.C. Supreme Court judge has ruled against the province in a case alleging widespread and long-standing violation of a First Nation’s treaty rights, a decision which could have implications far beyond the province’s borders. In Yahey v. British Columbia 2021 BCSC 1287, B.C. Supreme Court Justice Emily Burke ruled the province had infringed the rights of Blueberry River First Nations under Treaty 8… which protected Indigenous peoples’ traditional way of life but gave the province the power to “take up lands” for things like natural resource development. …To date, the cases in which First Nations have argued there have been infringements of their Aboriginal and treaty rights have largely focused on single projects or resource developments. But here Blueberry argued that the cumulative effect of activities such as oil and gas development, forestry, mining and hydroelectric infrastructure on their lands had infringed the treaty. (to access the full story, a subscription may be required)

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