MINING INDUSTRY-ABOROGINAL ENGAGEMENT PURSUANT TO THE NEW ONTARIO MINING ACT RULES: A PRELIMINARY EXAMINATION OF POTENTIAL IMPACTS

World Mining Congress
At both the international and country level, the issue of how the mining sector and indigenous populations should engage on issues of mutual interest or concern has emerged as one of central importance and controversy; involving the mining industry, Aboriginal communities, governments, the courts, and other stakeholders. At its heart, stakeholder engagement is an ethical issue, although it manifests itself in international instruments, domestic laws, industry guidance and agreements. At the international level, the concept of “free, prior and informed consent” (FPIC), while not subject to widespread agreement on the finer details of evolving definitions, seems to be emerging as an increasingly recognized engagement norm. Within Canada, through a series of decisions, the Supreme Court of Canada (SCC) has articulated a fiduciary obligation of the Crown to consult with and accommodate impacted Aboriginal groups on resource management issues.
Keywords: Ontario; mining; exploration; Development; Developments; Governments; Government; Resources;
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