ARTICLE
22 February 2023

From Shield To Sword: The Evolution Of Indigenous Economic Rights In Canada

BJ
Bennett Jones LLP
Contributor
Bennett Jones is one of Canada's premier business law firms and home to 500 lawyers and business advisors. With deep experience in complex transactions and litigation matters, the firm is well equipped to advise businesses and investors with Canadian ventures, and connect Canadian businesses and investors with opportunities around the world.
Martin Ignasiak co-authors a new Macdonald-Laurier Institute (MLI) paper on the evolution of Indigenous economic rights in Canada and the impact on resource development in the country.
Canada Government, Public Sector
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Martin Ignasiak co-authors a new Macdonald-Laurier Institute (MLI) paper on the evolution of Indigenous economic rights in Canada and the impact on resource development in the country.

From Shield to Sword explores recent Court decisions and explains how Indigenous rights have evolved from being a shield for proponents (their consent and support reducing the risk of a legal challenge based on Indigenous rights) to being a sword for proponents, including Indigenous proponents (Indigenous consent and support limiting the ability of governments to reject those projects).

Martin and co-author Heather Exner-Pirot, Senior Fellow and Director of the Natural Resources, Energy and Environment Program at MLI, say that, "Many Indigenous communities have determined that it is in their interests to pursue economic benefits through resource development in the form of royalties, payments, employment, business contracts, and even equity positions. They are now turning to the Courts to protect those interests, and are starting to find success."

The full paper is available here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
22 February 2023

From Shield To Sword: The Evolution Of Indigenous Economic Rights In Canada

Canada Government, Public Sector
Contributor
Bennett Jones is one of Canada's premier business law firms and home to 500 lawyers and business advisors. With deep experience in complex transactions and litigation matters, the firm is well equipped to advise businesses and investors with Canadian ventures, and connect Canadian businesses and investors with opportunities around the world.
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