Aboriginal Rights in Canada: Doing Business with the Third Order of Government

The enactment of section 35 of the Constitution Act, 1982 had far-reaching structural significance. It confirmed the status of Aboriginal peoples as partners in the complex federal arrangements that make up Canada. It provided the basis for recognizing Aboriginal governments as one of three distinct orders of government in Canada: Aboriginal, provincial and federal. The governments making up these three orders share the sovereign powers of Canada as a whole, powers that represent a pooling of existing sovereignties.

This article briefly reviews the progress that Aboriginal people, governments and business have made in Canada towards a true reconciliation of the rights of the third order of government — the Aboriginal one. It also suggests how project development and business involving Aboriginal interests can prosper in the midst of uncertainty related to governance over land and resources. Published in the 2012 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada by Thomson Reuters Canada Limited.