Doing Business In Canada 2023 - Indigenous Law

Chapter 20 - Indigenous Law

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Introduction

Indigenous Peoples in Canada (First Nations, Inuit, and Métis) have Aboriginal rights (including treaty rights) that may include Aboriginal title over significant areas of land. These rights must be taken into account when an enterprise is developing or financing a natural resource, a mining, an energy, or a real estate project or any other project that requires government permits or approvals. The government has a duty to consult and, if appropriate, accommodate Indigenous Peoples to avoid or mitigate any impacts a proposed activity may have on treaty or Aboriginal rights and title. The government may delegate some of these obligations to industry, and, in practice, this is often the case. As a result, in Canada, appropriate engagement with Indigenous Peoples is fundamental to successfully moving any major project or transaction forward and ensuring the continued viability of existing facilities