Results for:Impact Benefit Agreement
Total Resources: 24
The Anishiabek Nation supports and expresses concerns with recent changes to the Ontario Mining Act. Changes did not go for enough in recognizing Indigenous rights to land; free, prior, and informed consent; funding to build capacity; and protection of cultural sites. These engagement sessions allowed voices of Anishinabek to be heard by the Government of Ontario.
This document was produced by the Union of Ontario Indians, to describe the community engagement strategy they used to share information about the Ontario Mining Act with their communities and to gain feedback. From this consultation process, a number of key issues emerged including concern for the environment, capacity of Indigenous communities, and negotiations with industry, that were used to develop suggestions on how the Ontario Mining Act could be updated.
This thesis dissertation discusses the inclusion of the concerns of future generations in the negotiation processes of Impact-Benefit Agreements (IBAs) and Environmental Assessments (EA), as being important to Aboriginal participation in resource development projects. The author develops a series of criteria for alternative dispute resolution (ADR) that can be used to strengthen IBAs and EA, and to resolve conflicts that emerge in the decision-making process.
Free, Prior, and Informed Consent (FPIC) is an Indigenous right that has been infringed upon by the Canadian legal system. A notable case is presented where the Supreme Court of Canada’s Sparrow decision laid out a case law in which Aboriginal title was overstepped. To honour obligations to Indigenous peoples, the Crown should adopt the standard of a minimal impairment of Aboriginal title.
The concept of ‘social licence to operate’ (SLO) is a way of framing actions related to regulatory licences and approval processes for forestry on Aboriginal land. This article links the processes of SLO to Aboriginal views on forestry. Previous ways of collaborating between industry and Aboriginal communities, such as impact benefit agreements and consultation processes, are also discussed.
This report presents publically available corporate commitments and policies regarding community rights and community engagement with focus on FPIC.