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Category: Aboriginal Law

Overview of legal matters to be considered in the development of reserve lands

This paper provides a brief overview of the legal matters to be considered in connection with a for-market development of First Nation reserve lands. The reader should be aware that for-market development of reserve lands involves many complex legal matters, the number and complexity of which may vary significantly between developments, depending on a wide range of variables.

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Structuring First Nations economic development

The trend around the world has been for governments to get out of the business of doing business. The last twenty years has seen this trend continue and grow, from the privatization of airlines, railways and other transportation ventures, to include what have historically been considered common government services, such as the delivery of mail and other communication services.

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Treaty closing and implementation activities

Once a treaty has been negotiated, there are numerous activities that must be completed in order to “close” and then “implement” the treaty. “Closing activities” are activities carried out prior to the-effective date in order to prepare a first nation for their new reality after the effective date.

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Development of Aboriginal lands: Successes, risks and environmental concerns respecting contaminated sites

This paper provides an overview of the most common land management regimes that govern development and environmental management on First Nations lands in B.C., discusses the successes and challenges First Nations face with respect to the current policy based regime that applies to contaminated sites on most Indian reserves in B.C. and proposes strategies for moving forward as the options for development and protection of the environment on First Nations lands expand.

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Band councils, band moneys and fiduciary duties

Band councils owe fiduciary duties to their bands and to band members. These are distinct duties and while they are generally compatible they can, in some circumstances, conflict. Although the relationship between these duties has not received much attention from courts or academics, it is of great practical importance for band councils.

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Ready when you are

Our lawyers offer a broad range of experience and expertise, with a client-first philosophy to help you achieve your goals.