POL305Y1 Lecture Notes - Lecture 11: Taku River, Anishinaabe, Indian Act

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25 Apr 2012
School
Course
Lecture 11 (Mar. 26)
-FN economic circumstances:
-diverse
-61% have fewer than 500 people
-21% located in remote, isolated areas
-RCAP: substantial gaps between Aboriginal and non-Aboriginal people in key econom-
ic indicators
-i.e. employment and income
-factors: size, remoteness, proximity to resources, institutional arrangements
-barriers to economic development:
-barriers to accessing economic development resources
-barriers to accessing federal business support programs
-barriers resulting from federal management and institutional development approaches
-eg. Indian Act, payments from resource development on reserve lands made to min-
istry and placed in trust accounts
-too slow, too short term, sometimes poorly administered
-to access, must make request to Minister, including Band Council resolution and plan
for use of money
-some see this (the minority) as an important safeguard
-some reserves have achieved economic success, mostly close to urban centres
-documentary in class: Anishinabek Nation
-1998 Framework Agreement on Governance
-Agreement-in-Principle on Governance 2007
-negotiations ongoing since 1995
-looking to develop Constitution as part of governance agreements (accepted 2011)
-provisions for official languages, membership, principles of governance structure, law-
making powers, participation, consultation
-November 2004, Supreme Court of Canada released decisions in Haida Nation and
Taku River Tingit
-FN: Aboriginal rights and title to affected areas but not yet proven in cours -> duty to
consult
-the province: no need to consult unless and until Aboriginal rights and title proven
-B.C. Court of Appeal agreed with FN arguments
-Supreme Court: asserted Aboriginal rights can trigger government’s obligation to con-
sult
-“spectrum” of consultation
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