Case Law Update: Summary Of Yahey v. British Columbia

• Published date: 21 July 2021
• Subject Matter: Government, Public Sector, Litigation, Mediation & Arbitration, Constitutional & Administrative Law, Trials & Appeals & Compensation, Indigenous Peoples
• Law Firm: Clark Wilson LLP
• Author: Mr Saul Joseph and Melanee Bryniawsky

On June 29, 2021, the British Columbia Supreme Court (the "Court") released the decision Yahey v British Columbia ("Yahey").¹ In this landmark case, the Court conducted an extensive and thorough review of the cumulative effects of industrial development in northeastern British Columbia and determined that these impacts breached the promises and obligations owed to Blueberry River First Nation ("Blueberry") pursuant to Treaty 8.

The first decision of its kind, this case provides a new framework for the consideration of cumulative impacts and provides the Province of British Columba (the "Province") with notice that cumulative impacts must be properly considered in advance of any further decisions which approve industrial activity in Treaty 8 territory.

Treaty 8

Treaty 8 is one of the historic treaties in British Columbia. Treaty 8 assures adherent First Nations of their rights to hunt, trap and fish throughout Treaty 8 territory, subject to regulation and the taking up of lands by the Province from time to time for...