What Are the Legal Rights and Interests of First Nations and Aboriginal Peoples?

All First Nations in the province of Alberta have the right to hunt, trap, fish, and gather. These livelihood rights are protected by the Canadian Constitution Act, s.35, the Natural Resource Transfer Agreement, s.12, historic Treaties, and various pieces of provincial and federal legislation. Metis, non-status, and other Aboriginal peoples may also have Aboriginal rights that are protected by s.35 of the Constitution.

To avoid the possibility of approvals being appealed or applications being made to assert the right to be consulted under the Constitution, it would be wise to assess the existence, nature, and scope of Aboriginal rights in the area of the development, and to devise a consultation plan that addresses the interests of all Aboriginal rights holders.

Contact us today and we can help you through the consultation process.

• When consultation is required?

• What constitutes “meaningful and substantial” consultation?

• How to draft a consultation plan to meet regulatory requirements?

• What are the responsibilities of First Nations?

• What are the responsibilities of Industry?

• What is the responsibility of the Crown?

• What are the legal rights of First Nations and Aboriginal Peoples?