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For over a decade, Indigenous governments, other stakeholders and some environmental assessment review panels have been calling for regional approaches for assessing and managing the impacts of projects on the exercise of Indigenous rights and the environment.
Slow adoption of regional assessment approaches has led to litigation, including the Yahey v British Columbia case in which a Canadian court found for the first time that the regional cumulative effects of Crown conduct can constitute an infringement of Indigenous rights. The Yahey decision highlights the need for robust cumulative effects assessment in areas where multiple projects exist or are planned.
In January of this year, as a direct result of Yahey decision, the Blueberry River First Nation and the Province of BC entered into an Implementation Agreement, followed by similar agreements between BC and each of four additional Treaty 8 First Nations. The Agreements provide a collaborative approach to land and resource planning , cumulative effects management, and revenue sharing. They are based on on-going relationships rather than one off project reviews.
In this webinar, Julie Abouchar, Charles J. Birchall, and Raeya Jackiw will discuss lessons learned from Yahey, the Implementation Agreement resulting from Yahey, and key takeaways for project proponents, Indigenous governments, other stakeholders and environmental regulators.
Click here to register.