Summary

This review discusses the issues relevant to the mining industry associated with the rights and responsibilities mining companies have towards indigenous peoples (sometimes called natives, aboriginals, first nations, tribes, or more correctly by the name they use for themselves—which differs from place to place.) This review starts with a review of Canadian law that relates to the sanctity of treaties and the legal conclusion that these treaties are in essence still in effect and should be the basis for ongoing land claims, many of which affect the mining industry in staking title and developing mines. This review also examines similar issues and approaches in jurisdictions ranging from South Africa to South America.

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INTRODUCTION

This piece is for those of you who are, like me, curious and concerned about mining in areas where there are folk who have been there a very long time-sometimes called by some people indigenous or aboriginal or native peoples. Sometimes they are called nations, although in the Canadian context the word is getting fuzzy and blunt as a result of its use as a political instrument.