Negotiate or Litigate? – First People’s Law

While Indigenous Peoples across Canada vary widely in their challenges and opportunities, they all have two fundamental objectives in common: to benefit from and exercise jurisdiction over their lands.

With governments often unwilling to address First Nations’ real concerns, achieving these objectives increasingly depends on making agreements with industry to share benefits from development and to participate in ongoing decision-making about how these developments will proceed.

Certain proposed developments are simply beyond the pale and the affected First Nation will never consent to them proceeding, regardless of what benefits and decision-making powers are on offer. More often, however, a First Nation will be open to discussing how and on what terms a proposed development might proceed in its territory.

Typically, a First Nation reviews the project with community members and hires consultants to advise on the environmental, social and economic impacts of a proposed development. At the same time, they work on negotiating the best agreement possible with government or the company (or both), one that includes not just financial benefits but also many other provisions including processes for environmental monitoring and protection.

Read More: http://www.firstpeopleslaw.com/index/articles/189.php