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

15 views2 pages
25 Apr 2012
Lecture 11 (Mar. 26)
-FN economic circumstances:
-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
-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-
-“spectrum” of consultation
Unlock document

This preview shows half of the first page of the document.
Unlock all 2 pages and 3 million more documents.

Already have an account? Log in

Get OneClass Notes+

Unlimited access to class notes and textbook notes.

YearlyBest Value
75% OFF
$8 USD/m
$30 USD/m
You will be charged $96 USD upfront and auto renewed at the end of each cycle. You may cancel anytime under Payment Settings. For more information, see our Terms and Privacy.
Payments are encrypted using 256-bit SSL. Powered by Stripe.