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Goodmans Publications

The New Gatekeepers to Resource Development in Canada

February-12-2015

Lawyer Daniel Wakeling
Area Mining and Natural Resources

Summary

A seismic wave continues to surge in the Canadian resource sector, as it is now widely accepted that Aboriginal groups wield unprecedented power and authority over resource development following years of intense legal activism. The recent Supreme Court of Canada decision in Tsilhqot’in Nation v. British Columbia represents a culmination of a series of court decisions resulting in recognition of a claim for “Aboriginal title.”  To the extent they have not done so already, corporations and governments ought to re-examine their relationships with Aboriginal groups and look for new ways, including revenue sharing, to include Aboriginal groups as stakeholders in resource projects if they are to proceed in traditional Aboriginal territory.

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