Permission to Develop: Aboriginal Treaties, Case Law and Regulations
Permission to Develop is a unique Canadian resource that legal
practitioners, researchers and policy-makers will find valuable in
their work. It provides a framework for understanding the complex
web of agreements, legislation, case-law and regulations pertaining
to Aboriginal rights and claims at both the federal and
provincial/territorial levels. It also provides insight into the
legal constraints that structure the economic development of First
Nations in Canada. Section I examines the principles underlying
Aboriginal rights and the history of Aboriginal claims to land and
resources. The notion of the treaty as a sacred exchange between
the Crown and Aboriginal societies is explored, as is the fiduciary
relationship created between the Crown and Aboriginal peoples.
Special attention is given to the Constitution Act of 1982 which,
for the first time, affirmed Aboriginal treaty rights. The division
of powers between the federal and provincial/territorial levels of
government is also examined, and there is an in-depth look at the
Indian Act, Indian Oil and Gas Act, the Federal-Provincial Resource
Agreements on Reserve Lands, the Fisheries Act, the Migratory Birds
Convention Act and the First National Land Management Act. Section
II provides a province-by-province breakdown of major legislation,
regulations and treaties with special attention to Aboriginal
rights to land and resources. Complex issues that are unique to
particular regions and provinces are also examined in this section,
including modern agreements and treaties (such as the Nisgaaa of
British Columbia) and currently unresolved land claims (such as the
Atikamekw and Montagnais claims). Permission to Develop is more
than a reference book. It is the first comprehensive and integrated
attempt to assess Aboriginal treaties, laws and regulations at all
levels of government. It is essential reading for those interested
in the legal issues pertaining to Aboriginal communities,
Aboriginal economic development, and the politics and the sociology
of First Nations.
