Natural Resources Law Update | April 2023


April 2023

The Natural Resources Section, in partnership with the Aboriginal Law Sections, jointly hosted an opportunity for over 120 members across B.C. to hear from lead counsel, Maegen Giltrow, KC, about the key decision in Yahey v British Columbia, 2021 BCSC 1287.

The Yahey decision is precedent setting. It is the first case in Canada to determine that the Crown breached its treaty promises (Treaty No. 8) through the cumulative impacts of permitting extensive industrial developments such that the way of life protected by the treaty is infringed, and the treaty rights can no longer meaningfully be exercised. British Columbia did not appeal this decision. It remains a landmark ruling that will forever change resource development and land management in British Columbia and across Canada.