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Relationships are evolving quickly between Indigenous communities and Canadian businesses seeking to develop energy and natural-resource projects on their territories – and that’s boosting demand for specialized legal know-how.
In past decades, oil, mining and pipeline companies often sought to push their developments through by designing them in-house, then seeking support and access agreements from First Nations, Métis and Inuit communities. If they got pushback, some offered financial incentives or ownership stakes, and the results were hit or miss. Some of the misses were extremely costly.
Developers have come to realize that, to be successful, they must determine at the outset how their interests align with those of Indigenous communities that seek economic opportunities but want partners to understand their cultural needs. That requires going beyond the constitutional duty to consult and sketching out plans together and, increasingly, discussing joint ownership.
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