Economic participation – Lawyers Weekly

April 24 2015

Rather than determining value of title lands, proponents should concentrate on benefit agreements

In Tsilhqot’in Nation v. British Columbia [2014] S.C.J. No. 44, the Supreme Court of Canada confirmed that Aboriginal title existed on 1,750 square kilometres of Tsilhqot’in territory, clearly stating that First Nations holding Aboriginal title have the right to decide how those lands are used and that the Crown must make sure First Nations are adequately compensated for the use of Aboriginal title lands. Tsilhqot’in ensures that First Nations’ compensation for use of Aboriginal title lands will receive increased scrutiny in the consultation process, regardless of whether a First Nation has proven, or has asserted, Aboriginal title.

Given the sui generis nature of Aboriginal title, determining the economic value of Aboriginal title lands is fraught with complexities that the courts have not yet started to untangle. How do you assess the value of lands that are inalienable except to the Crown, held collectively by a community, and cannot be developed in a way incompatible with that community’s traditional practices? Conventional methods of assessing property value do not neatly apply. And perhaps most importantly, even if you can determine a fair value for Aboriginal title lands, who pays the price?

Read More: http://lawyersweekly.ca/articles/2369