Our readers may be interested in the following article published this month in the Alberta Law Review, by authors Diana Audino (Senior Legal Counsel, Enbridge), Bryn Gray, Stephanie Axmann, Kim Howard, and Ljiljana Stanic (McCarthy Tétrault), with grateful acknowledgement to Stephanie Willsey and Amelia Martin:

Forging a Clearer Path Forward for Assessing Cumulative Impacts on Aboriginal and Treaty Rights

Article Abstract: 

Project reviews have become the primary forum to discuss cumulative impacts of energy and resource development on Aboriginal and treaty rights. After thoroughly reviewing the case law and legislation, the authors assert that these impacts cannot be resolved through piecemeal measures like individual permitting decisions. Governments need to use broader actions such as effective land-use planning, regional assessments, and separate forums to address specific concerns with at-risk species. Further, clear policy and regulatory guidelines must be created with careful attention to promoting responsible development and avoiding stifling investment in Canada. By doing so, governments will be in a better position to consider environmental, Aboriginal rights, and treaty rights issues while establishing certainty for project proponents.

Link to Article: https://www.albertalawreview.com/index.php/ALR/article/view/2577

Audino, D., Axmann, S., Gray, B., Howard, K., & Stanic, L. (2019). Forging a Clearer Path Forward for Assessing Cumulative Impacts on Aboriginal and Treaty Rights. Alberta Law Review, 57(2), 297.