JFK Law LLP is proud to share that our Managing Partner, Sara Mainville, was recently featured in an interview with the CBC on Canada's Building Canada Act ("Act"). In the article, Sara Mainville highlights the importance of clarity on how there will be meaningful engagement with Indigenous peoples any time a project is designated as of national interest and the potential opposition to unwanted projects through assertions of cumulative impacts.
The Need for Clear Language and Processes
Under the Act, one factor in determining if a project is of national interest includes whether it would advance "the interests of Indigenous peoples." Mainville, points out that this generic language is not further clarified in the Act, which could result in legal challenges that leave the courts to define in detail how "the interests of Indigenous peoples" must be considered. Mainville argues that a blanket request that Indigenous peoples simply trust Canada to implement this generic terminology fairly is insufficient given the potential gravity of impacts on Indigenous peoples that natural resource developments can entail. Instead, Mainville calls for fuller and meaningful engagement with Indigenous Peoples by the federal government before making any decisions under the new Act.
Cumulative Impacts
In relation to a potential pipeline going through northern British Columbia, Mainville also explains that First Nations opposed to unwanted resource developments could rely on Yahey v British Columbia to argue that further developments would infringe Aboriginal and treaty rights through cumulative impacts, in conjunction with other projects, to these rights.
For further reading, JFK's analysis of the Building Canada Act can be found here:
Canada's Bill C-5: Continuing the Legislative Trend of Undermining Indigenous Rights
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