Yahey v. British Columbia
| Jurisdiction | British Columbia |
| Court | Supreme Court of British Columbia (Canada) |
| Judge | Honourable Madam Justice Burke |
| Neutral Citation | 2021 BCSC 1287 |
| Citation | 2021 BCSC 1287 |
| Date | 29 June 2021 |
| Docket Number | S151727 |
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41 practice notes
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Ontario (Attorney General) v. Restoule
...First Nation v. Canada (Attorney General), 2023 ONCA 565, 486 D.L.R. (4th) 1; Watson v. Canada, 2020 FC 129; Yahey v. British Columbia, 2021 BCSC 1287, 43 C.E.L.R. (4th) 1; Provincial Court Judges’ Assn. of New Brunswick v. New Brunswick (Minister of Justice), 2005 SCC 44, [2005] 2 S.C.R. 2......
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Shot Both Sides v. Canada
...S.C.R. 1069; British Columbia (Minister of Forests) v. Okanagan Indian Band, 2003 SCC 71, [2003] 3 S.C.R. 371; Yahey v. British Columbia, 2021 BCSC 1287, 43 C.E.L.R. (4th) 1; 1472292 Ontario Inc. (Rosen Express) v. Northbridge General Insurance Company, 2019 ONCA 753, 96 C.C.L.I. (5th) 1. S......
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Brantford (City) v. Doolittle
...Although Ahousaht was not about declaring rights under a treaty, it was recently relied on to do just that in Yahey v. British Columbia [2021 BCSC 1287]. In this case, the Supreme Court of British Columbia considered a claim brought by the Blueberry River First Nations [paras. 1–2].&n......
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Table of cases
...143 X v Y, [1988] 2 All ER 648 , [1988] NLJ Rep 1062, [1988] RPC 379 (QB) .......... 106 Yahey v British Columbia, 2021 BCSC 1287 ...................................................... 285 Yashin v National Hockey League (2000), 192 DLR (4th) 747 , [2000] OTC 681 , [2000] OJ No 3306 ......
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28 cases
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Ontario (Attorney General) v. Restoule
...First Nation v. Canada (Attorney General), 2023 ONCA 565, 486 D.L.R. (4th) 1; Watson v. Canada, 2020 FC 129; Yahey v. British Columbia, 2021 BCSC 1287, 43 C.E.L.R. (4th) 1; Provincial Court Judges’ Assn. of New Brunswick v. New Brunswick (Minister of Justice), 2005 SCC 44, [2005] 2 S.C.R. 2......
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Shot Both Sides v. Canada
...S.C.R. 1069; British Columbia (Minister of Forests) v. Okanagan Indian Band, 2003 SCC 71, [2003] 3 S.C.R. 371; Yahey v. British Columbia, 2021 BCSC 1287, 43 C.E.L.R. (4th) 1; 1472292 Ontario Inc. (Rosen Express) v. Northbridge General Insurance Company, 2019 ONCA 753, 96 C.C.L.I. (5th) 1. S......
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Brantford (City) v. Doolittle
...Although Ahousaht was not about declaring rights under a treaty, it was recently relied on to do just that in Yahey v. British Columbia [2021 BCSC 1287]. In this case, the Supreme Court of British Columbia considered a claim brought by the Blueberry River First Nations [paras. 1–2].&n......
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Restoule v. Canada (Attorney General)
...at p. 91. [201] See e.g., Watson v. Canada, 2020 FC 129 (in which only declaratory relief was granted); Yahey. v. British Columbia, 2021 BCSC 1287; and Manitoba Metis, which concerned constitutional obligations contained in the Manitoba Act, 1870, S.C. 1870, c. 3, rather than a treaty promi......
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10 firm's commentaries
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British Columbia Supreme Court Issues Precedent-Setting Cumulative Effects Decision
...of oral argument. Summary of decision On June 29, 2021, the B.C. Supreme Court released its 511 page decision: Yahey v British Columbia, 2021 BCSC 1287 (Yahey) Justice Burke for the Court held that the cumulative effects from all types of industrial development in BRFN's territory have resu......
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Treaty Infringement And The Management Of Cumulative Effects With Regional Plans
...consideration around meaningfully incorporating Indigenous co-management under the ALSA's regional land-use framework. Footnotes 1. 2021 BCSC 1287 [Yahey]. McLennan Ross' Environmental & Energy Practice Group has written previously on the proceedings in Yahey. Those publications can be revi......
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Blueberry River First Nation Wins Treaty Rights Case
...River First Nation's ("Blueberry") traditional territory have unjustifiably infringed its Treaty rights. In Yahey v British Columbia, 2021 BCSC 1287, the Court ordered the Province of British Columbia stop authorizing activities that breach unjustifiably infringe Blueberry's Treaty rights; ......
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BC's Agreements With Blueberry River And Other First Nations Reopen Land To Development, While Minimizing New Disturbances
...Nation, and McLeod Lake Indian Band). Background In June 2021, the BC Supreme Court released its decision in Yahey v. British Columbia, 2021 BCSC 1287, finding that the Province had unjustifiably infringed Blueberry River's Treaty 8 rights by failing to manage cumulative impacts on Blueberr......
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4 books & journal articles
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Table of cases
...143 X v Y, [1988] 2 All ER 648 , [1988] NLJ Rep 1062, [1988] RPC 379 (QB) .......... 106 Yahey v British Columbia, 2021 BCSC 1287 ...................................................... 285 Yashin v National Hockey League (2000), 192 DLR (4th) 747 , [2000] OTC 681 , [2000] OJ No 3306 ......
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Perpetual Injunctions: General Principles
...1 SCR 721. 17 Doucet-Boudreau v Nova Scotia (Minister of Education) , 2003 SCC 62 at paras 72–73. See also Yahey v British Columbia , 2021 BCSC 1287 at paras 1887–89, declining to give a permanent injunction but granting a declaration that required the parties to negotiate enforceable mecha......
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TSILHQOT'IN NATION AND INTERJURISDICTIONAL IMMUNITY: WHEN ARE JUDICIAL DECISIONS INVOLVING INDIGENOUS CLAIMS RETROACTIVE?
...Narrows was cited at several places in support of the court's conclusions. The province did not appeal. See Yahey v British Columbia, 2021 BCSC 1287 (206) Grassy Narrows, supra note 13 at para 53. (207) This does not mean the core of s 91(24) disappeared entirely. Other aspects of "Indianne......
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Aboriginal Title, Self-Government, and Indigenous Jurisdiction in Canadian Law.
...the Court could have created an order to this effect": Borrows, "Durability", supra note 35 at 739. (132) See Yahey v British Columbia, 2021 BCSC 1287 at para 1894. For analysis, see Robert Hamilton & Nick Ettinger "The Future of Treaty Interpretation in Yahey v British Columbia: Clarif......
1 provisions
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Treaty 8 Planning and Mitigation Regulation - 146/2023
...to November 29, 2024 5 1.0 Introduction 1.1 Plan Context On June 29, 2021, the BC Supreme Court decided Yahey v. British Columbia, 2021 BCSC 1287. The Court confirmed that Treaty 8 and section 35 of the Constitution Act, 1982 promise Blueberry River First Nations (BRFN) the right to continu......
