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OTTAWA — Far beyond British Columbia, where a First Nation asserted its rights to ancestral land, proponents of resource development projects will now confront a changed landscape created by the Supreme Court’s decision in the historic case.
Governments and companies eyeing mining and pipeline projects in Ontario or fracking endeavours in New Brunswick, for example, could encounter emboldened aboriginal groups asserting land claims and a right to significant consultation or, if ownership is established, a qualified requirement for consent.
On Thursday, the country’s top court said aboriginals still own their ancestral lands if they didn’t surrender them through treaties, and that governments and companies must try to obtain consent from title holders for use of the land. Importantly, the ruling also said that where ownership is asserted but hasn’t yet been established, the government needs to consult with the aboriginal group and accommodate it where appropriate.
“Fundamentally, what the court is saying is that governments and companies have to take aboriginal rights seriously,” said former Liberal MP Bob Rae, the chief negotiator for the Matawa First Nations, which is in talks with Ontario about opening their traditional land to the massive Ring of Fire mineral development.