16 LEXPERT
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2015/16
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WWW.LEXPERT.CA
First Nations
Developments
CANADA'S MINING SECTOR has taken a beating at the hands
of low commodities prices. But for developers whose projects touch
on Aboriginal lands, a Supreme Court of Canada decision handed
down last year is making an already difficult development climate
that much more challenging.
e historic ruling recognized a small semi-nomadic tribe's claim
of Aboriginal title over a large tract of land in central British Colum-
bia. While Aboriginal title exists in law, it's the first time the court
has recognized such a claim, and it was predicted it would open the
floodgates to many more.
More than a year aer it was handed down, Tsilhqot'in (pro-
nounced chill-KO-tin) is sending tremors through the resource sec-
tor, although not necessarily in the way that was expected.
For starters, Aboriginal groups with outstanding title claims – and
there are over 100 such cases outstanding – have greater expectations
of what companies should do in order to get their approval for a
project, says Tom Isaac, who leads the Aboriginal law group at Osler,
Hoskin & Harcourt LLP.
Isaac says that's not completely surprising ; what is – and not in a
good way – is that some provincial government officials have been
Recent court decisions on Aboriginal title are sending
tremors through the mining sector in Canada by Sandra Rubin
ABORIGINAL LAND
PHOTO:
SHUTTERSTOCK
