In economic terms at least, Canadians have often been described somewhat simplistically as “hewers of wood and drawers of water” – that is to say our economy is essentially resource-based.
While the contribution of natural resources (primarily energy, metals and minerals) to Canada’s Gross National Product remains at record highs, never before has this sector’s contribution to our economic success been so important – and more threatened.
The elephant in the room is the ongoing legal challenges pursued by Aboriginal peoples who are seeking to resolve past injustices and assert their constitutionally guaranteed legal rights over resource development on their traditional lands.
Canadians are generally naive about the impact of commodity prices and resource development on the nation’s economy. The same applies to the consequences of not resolving longstanding native land claim issues which, incidentally, are supported by British colonial policy. In fact, that colonial policy recognized Aboriginal tribes as sovereign nations whose title to the land was recognized by English law and international law.
According to Bill Gallagher LLB, an authority on the rise of native empowerment in the Canadian resources sector, First Nations have achieved an enviable record of success pursuing land claims issues in the courts. More than 203 rulings countrywide have gone in their favour so far. In British Columbia, where unsettled claims have fueled resistance to projects such as Enbridge Inc.’s Northern Gateway pipeline, (which has over 200 preconditions for development) and Kinder Morgan’s Trans Mountain pipeline, their record is 11 out of 13.