Osgoode Hall Law Journal, vol. 37, no. 4, 1999, pp. 712-774
Description
Looks at the legal and regulatory basis of forest management, and assess how new tenure systems might be developed that would uphold traditional values while providing economic and employment opportunities.
Journal of Aboriginal Economic Development, vol. 6, no. 2, Fall, 2009, pp. 20-24
Description
Looks at processes and procedures meant to ensure the First Nation is involved, consulted and accommodated while De Beer's Victor Diamond Mine operates.
Boston University International Law Journal, vol. 32, no. 2, Summer, 2014, pp. 101-160
Description
Looks at some of the challenges associated with energy development in the Arctic which include environment, underdeveloped infrastructure and legal issues surrounding consultation.
Indigenous Affairs, no. 2-3, Arctic Oil and Gas Development, 2006, pp. 30-39
Description
Examines oilsands expansion, the impacts on Aboriginal rights and policy determinants for assessing these impacts.
To access this article, scroll down to page 30.
Historical background and submissions to the Indian Claims Commission (ICC) regarding Canada breaching its fiduciary obligations to the Band for environmental damages to Reserve 201 caused by construction and operation of the W.A.C. Bennett Dam. ICC found Canada has a lawful obligation and recommends the claim be negotiated under Canada's Specific Claims Policy. Commissioners include : P.E. James Prentice, Carole T. Corcoran, Aurélien Gill. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
A discussion of Land rights under Treaty #7; trade of furs for goods; and the dispersal of the Blackfoot people and eventual return to the Blackfoot Reserve under Crowfoot.
The International Human Rights Clinic at Harvard University
Description
Discusses the environmental damage that mining, including exploration, has caused the Takla Lake First Nation. The paper includes an overview of international and domestic Aboriginal rights law; analyzes the problems mining raises for First Nations; and concludes that structural, procedural, and substantive legal reforms are needed.
Practices based on experiences shared by First Nations leaders and managers, lawyers specializing in Indigenous law, and previous reports. Primary focus is British Columbia, but information generally applies across Canada.
Updated version of Best Practices for Consultation and Accommodation by MNP.
Looks at the least prosperous demographic group in Canada.
Introduction from: Beyond the Indian Act: Restoring Aboriginal Property Rights by Tom Flanagan, Christopher Alcantara, Andre Le Dressay.
Legislative Summary (Parliamentary Information and Research Service) ; LS-510E
Documents & Presentations
Author/Creator
Marlisa Tiedemann
Description
Brief description of background and contents of the Bill, which provides First Nations with the option of managing and regulating oil and gas exploration and exploitation and receiving moneys otherwise held for them by Canada.
Legislative Summary (Parliamentary Information and Research Service) ; LS-611E
Documents & Presentations
Author/Creator
Marlisa Tiedemann
Description
Amendment in response to Indian Oil and Gas Canada Co-Management Board's request to modernize the Act in order to eliminate existing regulatory gap and level the playing field between off-reserve and on-reserve activities, thereby reducing barriers to economic development.
British Columbia Indian Reserves Mineral Resources Act (1943-44, c. 19)
Documents & Presentations
Author/Creator
Canada. Government of Canada
Description
Links to legislation concerning on-reserve mineral rights, their administration, control and use including precious metals; excempt are pre-existing leases established pursuant to the Indian Act.
Overview of significant decisions in the areas of: Aboriginal rights and title, costs, division of powers, duty to consult, fiduciary duty, Honour of the Crown, Indian Act Registration, infringement, specific claims, treaties, etc.
Keeyask Generation Project: Environmental Impact Statement: Response to EIS Guidelines
E-Books » Chapters
Author/Creator
Keeyask Hydropower Limited Partnership
Description
Chapter in the report Keeyask Generation Project: Environmental Impact Statement: Response to EIS Guidelines by Keeyask Hydropower Limited Partnership. Looks at the development of principles and processes for the environmental impact statement for the Keeyask Generation Project.
New edition of report provides overview of original and looks at relevant issues in the same countries including demographics, policy, fiscal information, legal framework, land rights and other important issues.
The author, a member of the Ogoki (Martin Falls) band in northern Ontario, expresses concern with the Canadian government's plan to dam rivers in Canada and divert the water to the United States. He notes that Aboriginal land will be flooded, according to government proposals.
Looks at reforms to the 1992 Canada National Forest Strategy proposed by Aboriginal Forest Strategy in the areas of legislation, policies and management practices.
Reviews the alleged failure of the Government of Canada to fulfil its duty to consult and accommodate the Dene Tha' First Nation regarding the Mackenzie Gas Pipeline.
Journal of Canadian Studies, vol. 51, no. 1, Destabilizing Canada / Le Canada déstabilisé, Winter, 2017, pp. 153-185
Description
General discussion of consultation and consent, and analysis of recent legal cases which illustrate how Indigenous peoples in Alberta have been excluded from decision-making involving the oil industry.