Constitutional change, Aboriginal rights, and mining policy in Canada

• Published in: Commonwealth & comparative politics Vol. 51; no. 4; pp. 405 - 423
• Main Authors: Panagos, Dimitrios, Grant, J. Andrew
• Format: Journal Article
• Language: English
• Published: Abingdon Routledge 01.11.2013; Taylor & Francis Ltd
• Subjects: Aboriginal rights; Canada; Canadian Constitution Section 35; Certainty; Coal Industry; Constitutional amendments; Constitutions; duty to consult and accommodate; Government Policy; Indigenous peoples; Indigenous populations; Indigenous rights; Industrial Policy; Industry; Mining; Mining Industry; Mining law; Mining policy; Native North Americans; Native rights; natural resource governance; Ontario Mining Amendment Act; Policy Making; Rights; Canada
• ISSN: 1466-2043; 1743-9094
• DOI: 10.1080/14662043.2013.838373

In 1982 an Aboriginal rights provision (Section 35) was added to the Canadian Constitution. This article identifies and assesses two impacts of this provision on Canadian mining policies. First, Section 35 has shattered the legal certainty that characterised policymaking in this field. Second, the traditional approach to mining policy in Canada - an approach that allowed both government and industry to ignore the interests of Aboriginal peoples - is no longer viable. The article concludes by making the case that while Section 35 has undermined the traditional norms of policymaking in this area it is too soon to say whether the emerging modus operandi will provide the means for Aboriginal peoples to secure their interests.