Posts Tagged ‘Duty to consult and accommodate’

Ontario Human Rights Commission launches new policy to address when rights collide

May 16th, 2012 by Celia Chandler

Smokers and non smokers living side by side; staff with guide dogs and others who are allergic to dogs working in the same office; religious based education and gay straight alliances – these are the kinds of clashes that the new “Policy on Competing Human Rights” is intended to address.

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Uncertain environmental impacts remain difficult to challenge

December 14th, 2011 by Laura Bowman

Liard First Nation v. Yukon Territory (Minister of Energy, Mines & Resources), 2011 YKSC 55 (pdf)

The Liard First Nation is in the southeast Yukon. The First Nation participated in the territorial environmental assessment (EA) of a proposed quartz mine by Selwyn Chihong in the Howard’s pass area near Watson Lake.  After consultations with Liard FN the Yukon designated office approved the environmental assessment report. There were numerous outstanding environmental questions at the end of the environmental assessment process. The main dispute in the case was the deferral of controversial water and pollution issues to licensing. The Liard FN alleged that the approval of the environmental assessment was unreasonable and breached the duty to consult and accommodate.

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