Mineral Exploration is the official publication of the Association of Mineral Exploration British Columbia.
Issue link: http://digital.canadawide.com/i/428696
Photograph : McMillan LLP; AME BC W I N T E R 2 0 1 4 15 Robin Junger, partner and national co-chair, Aboriginal law and environ- mental law groups, at McMillan LLP, says the Tsilhqot'in decision has a num- ber of implications for the mining indus- try. "The Supreme Court of Canada has said mining is one of the compelling governmental objectives that can justify provincial infringement on Aboriginal title," he says. Junger says it is unclear if Aboriginal title includes mineral rights, because the law is not completely settled on that point. "Even if it does, B.C. can, if it wishes, continue to authorize min- eral claims and regulate mining on title lands, provided the justification test is met," he says. Looking ahead, Junger says allowing provincial laws to infringe Aboriginal title, but requiring them to be justi- fied, is the only true path to reconcilia- tion. "Any other approach could result in a fragmented map of the province in which title lands become legal vacuums and, for all practical purposes, sterilized from economic development," Junger says. "While these discussions involve sensitive political issues, the Supreme Court has been clear in setting out the legal path to reconciliation, and it would be unfortunate if the government does not take up the mantle that the Supreme Court of Canada has handed it." Glen Wonders, vice-president of government and technical affairs for AME BC, says the Tsilhqot'in decision reinforces the importance for mineral explorers in the province to undertake respectful consultations with First Nations and build good working rela- t ionsh ips. "Relat ionsh ip-bu ilding will lead to common ground between explorers and First Nations," he says. "The AME BC's Aboriginal Engagement Guidebook is an excellent source of prin- cipled guidance and practical advice on how to conduct Aboriginal engagement throughout the exploration process." • Robin Junger Glen Wonders