The Impact of Aboriginal Interests Upon Proposed Pipeline Projects Available to Purchase

This paper will seek to address the rapidly evolving issues relating to the impact of aboriginal interests upon resource development projects. In particular, this paper will address the interaction between aboriginal interests and pipeline projects and recent judicial decisions that have impacted upon this interaction. This paper will specifically discuss the extent of consultation obligations with aboriginal people and strategies that may be employed by proponents of pipeline projects. More specifically, this paper will address the following: Distinctions between various types of constitutionally protected aboriginal interests, including, treaty rights (both historic treaties and comprehensive land claim agreements), aboriginal rights, including aboriginal title, and Me´tis rights; Understanding the obligations of government and third party resource developers to consult with aboriginal people, including consultation and accommodation of aboriginal interests and compensation issues; - Consultation as part of the regulatory approval processes for both provincially and federally regulated pipelines, including both National Energy Board requirements and provincial requirements (British Columbia and Alberta); and - The practical realities of consultation, including the scope of remedies for the unjustified infringement of aboriginal interests; and how to create a more effective consultation process and protect the interests of proponents of pipeline projects.