The Supreme Court of British Columbia recently released its decision in Yahey v British Columbia, 2021. This decision is unprecedented because-for the first time-the cumulative effects of government programs and policies have been found to breach Crown Treaty obligations to First Nations. In this case, the Court found that the cumulative effects of provincially authorized industrial development infringed the Blueberry River First Nations ("BRFN") Treaty Rights.
At 512 pages, the case is lengthy and considers an extraordinary amount of evidence including history, ethnography, wildlife science, geography, geology, forestry, land use planning and various regulatory regimes, and evidence from BRFN members about impact on the exercise of their treaty rights.
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