UBC Theses and Dissertations

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UBC Theses and Dissertations

Deeper than mere consultation : negotiating land and resource management in British Columbia, post-Delgamuukw Kennedy, Andrea Holly


First Nations in Canada are seeking new land management relations that fully include and accommodate their Aboriginal rights, any outstanding Aboriginal title, and other interests. Various Canadian judicial decisions have stated that, at a minimum, consultation with First Nations is required when Aboriginal rights may be impacted by land-use activities. This research involved applying case study to identify critical elements that lead to something deeper than mere consultation, as called for in the 1997 Supreme Court of Canada Delgamuukw decision. This thesis describes six land management cases from four First Nations communities in British Columbia. The cases involve natural resources including fish, minerals, parks and energy and took place in the decade following the Delgamuukw decision. While the cases were some of the best examples of land-related negotiations from around the province, the cases highlight the distance that the Crown and non-Indigenous people need to go to achieve meaningful involvement of First Nations in land management.

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