In the wake of a landmark decision by the Supreme Court of Canada affirming the rights of Indigenous communities to cumulative treaty rights, resource project developers must be prepared to face the devil that is in the details.
The Supreme Court’s ruling, which came down on July 26, 2018, is a watershed decision that recognizes the principle of Indigenous peoples’ cumulative treaty rights. This means that Indigenous communities have the right to negotiate and agree on treaties that encompass land use, resource management, and economic development.
The decision is a major win for Indigenous communities in Canada, but it also presents a challenge for resource project developers, who must now consider the cumulative treaty rights of Indigenous communities when developing projects. This means that developers must be prepared to negotiate with Indigenous communities on a wide range of issues, including land use, resource management, environmental protection, and economic development.
The devil is in the details, and resource project developers must take the time to understand the nuances of cumulative treaty rights and the implications for their projects. Developers must be willing to engage in meaningful consultation with Indigenous communities and work together to reach consensus on how best to move forward with their projects.
The Supreme Court ruling is a significant step forward in the recognition of Indigenous rights and the development of respecting relationships between Indigenous communities and resource project developers. Developers must now be prepared to face the devil that is in the details and take the time to understand the implications of cumulative treaty rights for their projects.