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. Brent Lehmann provides insights on activities required of a first nation relating to the closing and implementation of their treaty.

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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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Commercial fisheries: Should commercial fishing rights be included in modern treaties – pros, cons and alternatives

Given the cultural and economic importance of commercial fishing to BC First Nations, and in particular coastal First Nations, the answer to this question is obviously “yes”. However, this answer must be qualified somewhat: “Yes, provided the inclusion of commercial fisheries in the treaty meets the cultural and economic needs of the respective First Nation”.

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Consultation and accommodation update

The duty to consult articulated by the Supreme Court of Canada in Haida Nation v. British Columbia in 2004 continues to play an important and prevalent role in the process of Crown-First Nations reconciliation. This paper discusses the state of the law of consultation in 2013.

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Reconciliation through litigation

As this paper suggests, litigation has played and will continue to play an essential role in achieving reconciliation by more clearly defining rights in difficult areas and advancing negotiations on important issues that might otherwise be irreconcilable. In fact, litigation and negotiation can intersect very comfortably with one another and lay groundwork for achieving reconciliation.

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