Decision shows courts will hold Crown to high standard in engaging with Indigenous nations: scholar – The Lawyer’s Daily
October 05, 2021
The Federal Court of Appeal has slapped the wrists of the federal government on its engagement with First Nations over the hunting of polar bears.
The move comes as a result of the 2016 decision by then-Minister of the Environment and Climate Change Canada (ECCC) Catherine McKenna to amend the total allowable take (TAT) of polar bears under the terms of the Nunavik Inuit Land Claims Agreement (NILCA), which covers the offshore region around northern Quebec and northern Labrador. The Nunavik Marine Region Wildlife Board (NMRWB) had set the take at 28 bears for the southern Hudson Bay area but the minister reduced the amount to 23, citing scientific evidence and highlighting “the need to exercise caution so as to ensure a sustainable harvest.” The federal government also established certain non-quota limitations (NQLs), such as a sex-selective harvest, that the board had previously rejected.
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