"Social Licence" Concepts And Canadian Mine Development

In this article, we examine two recent British Columbia court decisions that illustrate the growing body of environmental, social and cultural issues that must be considered and addressed in order to obtain the "social license" required for mine development.

Canadian Aboriginal Law

Existing Aboriginal and treaty rights are constitutionally protected in Canada, but are not absolute. Actions of Canadian governments that "infringe" on these rights by allowing companies to engage in exploration and development of mining properties can be judicially held to be justified in the right circumstances. Justification requires that the appropriate Canadian government (i) conducts legally appropriate "consultation" with the Aboriginal group alleging infringement, and (ii) where appropriate, effects accommodations to minimize the infringement.