This speaks to the earlier point about the tiered nature of treaty and aboriginal rights in Canada. For instance, there's a pipeline now, under the CER process, running in northwestern Alberta and northeastern B.C. For the management of cumulative effects of this project, the discrepancy is stark. B.C. is at the table working with the nations. Alberta is nowhere to be seen.
Why hasn't it happened in Alberta? The simple answer is that nobody has taken Alberta to court yet. However, that is coming. It's inevitable.
The cumulative disturbances in Alberta far exceed, in much of the province, what we see in the northeast of B.C. The thresholds identified by the B.C. Supreme Court in Yahey are unquestionably exceeded in much of Alberta.
It's not a matter of if, but when.