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1. The Duty to Consult with Aboriginal Peoples: A Patchwork of Canadian Policies

   Section 35 of the Canadian Constitution states that “the existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed”. In an attempt to provide greater clarity the constitution defines “treaty rights” as ...

2. Troubled Waters—uncertainty around Aboriginal land claims

   One of the most important policy issues that must be addressed by federal and provincial governments is the lack of land certainty and modern treaties in Canada. With governments failing to act, this issue is resulting in increased ...

3. Mining and First Nations collaboration thriving in the land of living skies

   Appeared in the Battlefords News-Optimist, March 7, 2016 We often hear about First Nation communities in Canada opposing natural resource projects. Whether it’s an LNG plant in British Columbia or mining projects in eastern Canada, the news is full of ...

4. Aboriginal land claims—the largest deterrent to mining investment in B.C.

   Appeared in National Newswatch, March 4, 2016 British Columbia has extraordinary mineral potential. In the recent Fraser Institute annual survey of mining companies, mining executives from around the world placed B.C. in the global top 20 in terms of pure ...

5. Aboriginal rights and private property rights clash in British Columbia

   Appeared in the Waterloo Region Record, January 29, 2016 The muddy waters of aboriginal land claims and private property rights in British Columbia may have just cleared a little. On Jan. 15, the B.C. government stated its opposition to the Tk’emlups and ...

6. Tsawwassen First Nation’s proposed LNG facility could benefit all British Columbians

   Appeared in the Vancouver Province, November 20, 2015 On Nov. 16, the Tsawwassen First Nation announced its interest in building a liquefied natural gas (LNG) terminal on Tsawwassen reserve land, south of Vancouver. The LNG terminal would produce three to ...

7. Economic Development in Jeopardy?

   The Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto BC Court of Appeal decision opens the door for future aboriginal title litigation against private parties—litigation that was previously only brought against provincial and federal ...

8. What is the Lax Kw’alaams First Nation?

   Lax Kw’alaams First Nation, a small community in northern British Columbia has received a lot of media attention over the last couple of months. And rightfully so! This community rejected a billion dollar LNG deal from Petronas and ...

9. Greater clarity needed on Aboriginal title and B.C.’s trillion dollar LNG plan

   Appeared in the Vancouver Province Last summer, I wrote that the Supreme Court’s Tsilhqot’in decision, which for the first time granted Aboriginal title outside an Indian reserve, was going to be a real game changer and would “increase uncertainty in ...

10. If B.C. wants to increase investment in mining, think land claims—not permits

    Appeared in The Province More than 10,700 British Columbians were employed in the mining sector in 2013 with an average salary and benefits totalling $114,600. That same year, the mining industry contributed $511 million in revenues to the B.C. government ...