Canadian Aboriginal Law: Creating Certainty in Resource Development

Abstract

This paper discusses legal developments relating to the relationship between Canadian governments and Canada's Aboriginal peoples regarding certainty of access to natural resources. Canadian Aboriginal law has undergone a complete evolution in the 23 years since Canada's Constitution was amended to recognise the then vague concept of ‘existing Aboriginal and treaty rights’. What is notable is the influence of the common law and Canadian administrative law in developing the new doctrines of the Crown's duty to consult and, where appropriate, accommodate Aboriginal peoples. The honour of the Crown and reconciliation have moved Canadian Aboriginal law from a comfortless uncertainty to a legal certainty in which Canadian governments continue to manage natural resources, but do so subject to fair treatment of Aboriginal peoples.