An independent think tank says modern-day land claims are driving away resource development.
The Fraser Institute says the courts are exercising too much discretion extending the agreements far beyond what was intended.
The Institute used investment in the Yukon as an example of what’s wrong with the system. Five years ago, only 12 per cent of mining companies were reluctant to invest there because of legal uncertainty caused by land claims.
Last year, 30 per cent of the mine companies said they would be deterred or blocked.
These numbers bring far-reaching implications, said Ravina Bains, the associate director of aboriginal policy for the Fraser Institute.
“You know, there is a perception and an understanding across the country that settling land claims and settling treaties is a way to create certainty,” she said. “But in the Yukon these agreements actually resulted in an increase in uncertainty because they were being challenged by the courts.”
There are no modern-day land claims in Saskatchewan. The treaties were signed in the 1800s, but there are still debates and court challenges about what the treaties mean, what duty to consult means, and what resource revenue sharing should mean.
There are also several partnership agreements between resource companies and First Nations. PotashCorp and Cameco lead the way. Bains says Saskatchewan is a great example of how resource companies are working with First Nations by setting up collaboration agreements.
“It’s a great thing: it allows community members the opportunity to learn a skill set; there is a job that is near their community so they don’t have to leave if they don’t want to. It’s really a win-win,” she said.
Saskatchewan was listed as the number one province for resource development by the mining companies surveyed by the Fraser Institute. It was also listed as the lowest in terms of legal uncertainty about resource development.