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Editorial: Talking out of both sides – Law Times

Aug. 04 2014

With First Nations having won some key court victories in recent months, the federal government looks to be responding (or at least appearing to do so) with new measures announced last week on treaty negotiations and reconciliation.

Among the measures are new guidance for industry on consultation with aboriginals and entering into more consultation protocols in areas such as resource development. They also include an effort to clarify the federal government’s approach to helping resolve shared territory disputes related to resource development.

It all sounds good, but it’s interesting that while all of this is going on, the federal government continues to spend large sums on litigating against First Nations over resource issues such as oil and gas royalties. According to recent figures provided to Parliament and reported by Law Times in June, oil and gas disputes have been the top spending item when it comes to Aboriginal Affairs and Northern Development Canada’s use of outside law firms for at least the past three years (although the figures for 2013-14 were for just part of that fiscal year).

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