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.
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.
