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Government can, in certain circumstances, override Aboriginal title

Where title has not yet been proven but a viable claim exists, the duty to consult means that government must take that title claim into account and, as that claim is stronger, engage in potentially significant accommodation of the title claim.

This case significantly strengthens the ability of Aboriginal communities with title claims to reject resource development on their lands. That does not mean they will choose to do so. Many Aboriginal communities wish to participate in economic development. However, they have more control after this decision than before so as to come to their own decisions.

At the same time, governments have a clear ability to override Aboriginal title where there is a genuinely compelling public interest and where they are ready to do so transparently and in accordance with the legal hurdles required.

What this means for resource development, though, is probably three things: a strengthened role for Aboriginal communities in approving or rejecting some projects; an increased challenge for resource companies that have not developed sufficiently strong relationships with Aboriginal communities; and a need to build even stronger public approval around megaprojects like pipelines that interact with many Aboriginal communities if they are to move forward in the face of continued disagreement by some communities.

In turn, what those things mean for those involved in the resource sector is that they need, even more than before, to continue realizing that the challenging parts of resource extraction may not be the physical ones but the broader set of social and human questions associated with resource development. That has implications for business strategy and business practices. It has implications, as well, that there should be a call out to the younger generation interested in sophisticated work balancing the various facets of responsible development — there is work in Canadian industry for them. How Canada responds will shape its future.