Issue link: http://resourceworld.uberflip.com/i/517266
6 www.resourceworld.com j u n e / j u l y 2 0 1 5 The focus of this commentary is British Columbia (west of the Rockies) where resource proponents have been on a steep learning curve in reaching mutually ben- eficial agreements with First Nations; while the latter strenuously assert rights and monitor impacts on their traditional lands. Project success depends on sorting out a host of complexities: who to deal with, overlapping territories, and (always) the over-arching role of the Crown as resource owner. So the question is how to recon- cile First Nation assertions of resource ownership? Those in the mining industry are aware of the Roger William (Tsilhqot'in) ruling, mid-2014, wherein the Supreme Court of Canada made a Declaration of Aboriginal Title for a large tract in central BC. And a new word was coined immediately thereafter 'Aboriginal title holder' which essentially means what it says; henceforth native title holders are in the driver's seat on a host of issues (including resources) for that specific tract. To help set the stage for understanding this precedent-setting rul- ing, here's the last word from the British Columbia courts before the issue went up to Supreme Court of Canada. It's a ruling on court costs, made by British Columbia's top court months after the native-side had lost its bid for an expanded 'territorial' declaration. In a stand-alone cost ruling, the Court of Appeal nevertheless allowed costs for the native side; even though that court had denied their expanded 'territorial' land claim argument. So what gives? The fact that natives merited a cost award helps answer the question of who owns the lands. Here is the court's treatment of the ownership issue verbatim: Who owns Canada's natural resources? by Bill Gallagher First NatioNs have turned the tables as a result of their hard-won legal empow- erment in the resources sector. they have asserted their constitutionally protected rights in Canadian courts and have now amassed a significant legal winning streak – to the point that, where new projects are concerned, these rulings might in and of themselves negatively affect resource development. some proponents even ask, in the final analysis, who actually owns Canada's natural resources?