Thomas Isaac, Chair of Cassels' national Aboriginal Law Group, and Jeremy Barretto, Chair of Cassels' national Regulatory Law Group have published a book with Thomson Reuters titled The Law of Indigenous Ownership and Projects.
Indigenous communities are increasingly becoming project owners, as well as participating in project-related consultation processes. These projects have the potential to be the next step toward energy security, economic independence, and Indigenous self-government. However, there are limited resources available for practitioners on the complex legal issues surrounding Indigenous-owned projects.
The Law of Indigenous Ownership and Projects fills a gap in the literature on the development of Indigenous-owned projects in Canada. Featuring a foreword by Indigenous business leader JP Gladu, the book provides a step-by-step legal guide for Indigenous communities, industry, and their respective counsel regarding the law surrounding Indigenous-owned projects. Note the authors:
"The breadth and complexity of these implicated areas of law have become deterrents, as industry partners are currently faced with a choice between the traditional model and new, complicated types of engagement with Indigenous communities ... But Indigenous ownership is far from unworkable, and with the proper guidance it could replace the oppositional model as the industry standard in energy and infrastructure projects across Canada."
The book was profiled in a Globe & Mail article written by Jeffrey Jones on September 2, 2024, who noted:
"Titled The Law of Indigenous Ownership and Projects, it is a practical guide to Aboriginal law, land considerations, agreements between industry and Indigenous communities, along with tax and regulatory factors. The authors are partners with the Cassels Brock & Blackwell LLP law firm with years of experience in Indigenous legal and regulatory cases."
Overview of The Law of Indigenous Ownership and Projects
The Law of Indigenous Ownership and Projects reveals that the future of natural resources project development in Canada is direct Indigenous ownership in projects. Importantly, however, the authors acknowledge that potential ventures between Indigenous communities and industry face complex legal considerations needed to make these projects successful.
The book is dedicated to specific aspects of Indigenous-owned projects. It offers practitioners an opportunity to become familiar with the intersecting areas of Aboriginal, contract, corporate, tax, regulatory, and real estate law in the specific context of Indigenous-owned projects. The book also provides readers with various geographical, financial, and jurisdictional considerations relating to these projects. As a result, the book is a vital resource for partnerships between industry and Indigenous communities.
Notably, the book examines various tax implications for Indigenous partnerships, providing readers with insight into exemptions for Aboriginal businesses and how to structure a venture in the context of Indigenous-owned projects. The authors also offer a glimpse into the future of Indigenous-owned projects, highlighting trends in upcoming projects and commenting on areas of opportunity. The book also examines future developments such as interjurisdictional issues, increased competition, economic reconciliation, and costs of benefit agreements.
The authors emphasize that Indigenous-owned projects have the potential to fundamentally change the way business is done in Canada. By canvassing these relevant areas of law, The Law of Indigenous Ownership and Projects helps accelerate and support the development of Indigenous-owned projects in the decades to come. It is a significant contribution to the scholarship on this topic.
You can learn more about the publication here.
Use code LIOP15 at checkout for a 15% discount. (Valid from September 4, 2024 – October 31, 2024)
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.