On June 29, 2021, the British Columbia Supreme Court released its decision in Yahey v British Columbia, in which it ruled that the rights of the Blueberry River First Nations (BRFN) under Treaty 8 in northeast British Columbia had been infringed by the cumulative impacts of industrial developments within Blueberry’s traditional territory, including forestry, oil and gas, renewable energy and agriculture[…]

This case comment considers two decisions. The first is the Alberta Court of Appeal’s decision in Fort McKay First Nation v Prosper Petroleum Ltd,[1] issued April 24, 2020, finding that the Alberta Energy Regulator (AER) improperly failed to consider the honour of the Crown separate from the duty to consult on Prosper’s Rigel Oil Sands Project[…]