(ix) increasing noise and light pollution.
c) Causing non-physical effects to areas of the Core Traditional Territory that have not been taken up, including, without limitation:
- (i) reducing areas where Beaver Lake carry out harvesting in a culturally appropriate way;
- (ii) reducing areas where Beaver Lake can enjoy solitude;
- (iii) increasing the potential for conflict with other land users;
- (iv) decreasing areas where it is safe to hunt;
- (v) increasing fears of contamination and pollution of water, lands and natural resources for the exercise of the Treaty Rights;
- (vi) imposing regulations that restrict or impede the exercise of the Treaty Rights; and
- (vii) compromising the cultural and/or spiritual integrity of the Core Traditional Territory.
(the effects described in paragraphs paragraph 29(a)-(c) shall be referred to as the “Adverse Effects”)
30. The Adverse Effects, taken together, have caused cumulative effects in the Core Traditional Territory (the “Cumulative Effects”) which have caused a significant transformation in the land, waters and natural resources in a way that significantly impedes the meaningful continuation of Beaver Lake’s way of life and the exercise of Treaty Rights as contemplated by the Treaty.
Infringement and Breach of Fiduciary Duties
31. The Cumulative Effects have denied Beaver Lake access to and use of lands, waters and natural resources of sufficient quantity and quality to support the meaningful exercise of the Treaty Rights.