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

Diana Audino, Stephanie Axmann, Bryn Gray, Kim Howard, Ljiljana Stanic

2019

English

Canada

Reviews how the assessment of cumulative impacts on Aboriginal and treaty rights has been considered in Canadian jurisprudence, how it compares to the assessment of cumulative environmental effects, and how it could be improved going forward. Provides an overview of the relevant principles of the Crown’s duty to consult. Discusses treaty rights infringement claims and compares the courts’ consideration of cumulative impacts on Aboriginal and treaty rights with the consideration of cumulative environmental effects in EAs and project reviews.