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Recent legal developments and their impact on Aboriginal-industry relations

Abstract

This paper discusses the issue of creating business partners with industry and Aboriginal communities. It covers topics such as financing joint ventures, perception of investors on Aboriginal projects, managing risks and potential ownership schemes for joint ventures, with particular reference to the duty to consult Aboriginal peoples regarding any actions that affect their mineral right, treaty right, or Aboriginal title. First Nation involvement is directed at local employment and economic participation around traditional lands. Recent trends show that there is increased business involvement and opportunities for employment for First Nations. The elements for a prosperous partnership between First Nations and the business community were described. The following 3 duty to consult cases were highlighted: (1) Mikisew Cree First Nation versus the Minister of Canadian Heritage; (2) Kitkatla versus British Columbia Minister of Small Business, Tourism and Culture; and, (3) Cheslatta Carrier Nation versus British Columbia Environmental Assessment Act. The paper also highlighted developments in Aboriginal title post-Delgamuukw-pronouncement regarding land and resource titles in British Columbia. 81 refs.
Authors:
Desbarats, R P; Callihoo, M; Lamb, A [1] 
  1. Bennett Jones LLP, Calgary, AB (Canada)
Publication Date:
Jul 01, 2003
Product Type:
Conference
Resource Relation:
Conference: Insight conference : Aboriginal oil and gas ventures forum, Edmonton, AB (Canada), 14-15 Apr 2003; Other Information: PBD: 2003; Related Information: In: Insight conference reports : Aboriginal oil and gas ventures forum, Insight Information Co., Conference Reports, no.503336, 387 pages.
Subject:
29 ENERGY PLANNING, POLICY AND ECONOMY; RESOURCE DEVELOPMENT; AMERICAN INDIANS; LAND USE; OWNERSHIP; MINERAL RIGHTS; LEGAL ASPECTS; ENERGY MANAGEMENT
OSTI ID:
20412528
Research Organizations:
Insight Information Co., Toronto, ON (Canada)
Country of Origin:
Canada
Language:
English
Other Identifying Numbers:
Other: ISBN 1-55049-955-6; TRN: CA0302318
Availability:
Available from Insight Press, 214 King Street West, Suite 300, Toronto, Ontario M5H 3S6
Submitting Site:
CANM
Size:
page(s) 91-122
Announcement Date:
Jan 05, 2004

Citation Formats

Desbarats, R P, Callihoo, M, and Lamb, A. Recent legal developments and their impact on Aboriginal-industry relations. Canada: N. p., 2003. Web.
Desbarats, R P, Callihoo, M, & Lamb, A. Recent legal developments and their impact on Aboriginal-industry relations. Canada.
Desbarats, R P, Callihoo, M, and Lamb, A. 2003. "Recent legal developments and their impact on Aboriginal-industry relations." Canada.
@misc{etde_20412528,
title = {Recent legal developments and their impact on Aboriginal-industry relations}
author = {Desbarats, R P, Callihoo, M, and Lamb, A}
abstractNote = {This paper discusses the issue of creating business partners with industry and Aboriginal communities. It covers topics such as financing joint ventures, perception of investors on Aboriginal projects, managing risks and potential ownership schemes for joint ventures, with particular reference to the duty to consult Aboriginal peoples regarding any actions that affect their mineral right, treaty right, or Aboriginal title. First Nation involvement is directed at local employment and economic participation around traditional lands. Recent trends show that there is increased business involvement and opportunities for employment for First Nations. The elements for a prosperous partnership between First Nations and the business community were described. The following 3 duty to consult cases were highlighted: (1) Mikisew Cree First Nation versus the Minister of Canadian Heritage; (2) Kitkatla versus British Columbia Minister of Small Business, Tourism and Culture; and, (3) Cheslatta Carrier Nation versus British Columbia Environmental Assessment Act. The paper also highlighted developments in Aboriginal title post-Delgamuukw-pronouncement regarding land and resource titles in British Columbia. 81 refs.}
place = {Canada}
year = {2003}
month = {Jul}
}