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Permanent link (DOI): https://doi.org/10.7939/R3GM8229H

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THE BOARD ROOM TRUMPS THE COURTROOM – RECONCILIATION THROUGH IMPACT AND BENEFIT AGREEMENTS Open Access

Descriptions

Other title
Subject/Keyword
First Nation
Impact and Benefit Agreement
Resource development
Reconciliation
Resource Curse
Duty to consult
Indian Act
Type of item
Thesis
Degree grantor
University of Alberta
Author or creator
Lovett, Travis D
Supervisor and department
Professor David Percy
Examining committee member and department
Professor Judy Garber (Faculty of Arts, Political Science)
Professor Moin Yahya (Faculty of Law)
Department
Faculty of Law
Specialization

Date accepted
2017-07-14T14:13:50Z
Graduation date
2017-11:Fall 2017
Degree
Master of Laws
Degree level
Master's
Abstract
This Thesis discusses how Impact and Benefit Agreements (IBAs) can reconcile First Nations to resource development in Canada. IBAs, as their name suggests, allocate benefits to an Aboriginal community in exchange for impacting their rights and/or land through resource development. This Thesis examines the degree of consultation and accommodation typically employed under legal doctrines and discusses how proponents, albeit with no legal obligation to do so, are using IBAs to partner with First Nations and offer innovative forms of accommodation. This Thesis argues that industries. through the use of IBAs, can maximize profits and expedite projects without opposition from nearby Aboriginal communities. Because a monetary payment is a common feature of IBAs, this Thesis warns of the dangers and risks of managing resource revenue without strong governance and fiscal stability. Chapter Two analyzes how the “resource curse” might occur if a First Nation were to manage its resource revenue under the Indian Act and concludes that First Nations which gain control over their governance and finances, either by opting out of the Indian Act or by entering into a self-government agreement, are more likely to reap the intended benefits of an IBA. This Thesis emphasizes the importance of maintaining a healthy relationship throughout the life of a resource project. Chapter Three examines provisions that are commonly used in IBAs to ensure the parties achieve their initial expectations, and discusses how the parties can monitor each other’s compliance through ongoing communication. Lastly, this Thesis argues why non-monetary benefits are an essential component to achieve reconciliation between industries and First Nations.
Language
English
DOI
doi:10.7939/R3GM8229H
Rights
This thesis is made available by the University of Alberta Libraries with permission of the copyright owner solely for the purpose of private, scholarly or scientific research. This thesis, or any portion thereof, may not otherwise be copied or reproduced without the written consent of the copyright owner, except to the extent permitted by Canadian copyright law.
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