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

  • Author / Creator
    Lovett, Travis D
  • 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.

  • Subjects / Keywords
  • Graduation date
    2017-11:Fall 2017
  • Type of Item
    Thesis
  • Degree
    Master of Laws
  • DOI
    https://doi.org/10.7939/R3GM8229H
  • License
    This thesis is made available by the University of Alberta Libraries with permission of the copyright owner solely for non-commercial purposes. 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.
  • Language
    English
  • Institution
    University of Alberta
  • Degree level
    Master's
  • Department
    • Faculty of Law
  • Supervisor / co-supervisor and their department(s)
    • Professor David Percy
  • Examining committee members and their departments
    • Professor Moin Yahya (Faculty of Law)
    • Professor Judy Garber (Faculty of Arts, Political Science)