Overlapping Claims and Shared Territories

The issue of overlapping claims and shared territories is often a significant complicating factor for First Nations and resource developers attempting to reach Impact Benefit Agreements (IBAs). As many First Nations are aware, often having all the affected First Nations at one negotiating table does not always simplify the process. There is limited direction from the courts about how competing or overlapping claims/traditional territories will be dealt with in the resource development context. Our overall advice for proponents is to do their homework, understand the specific cultural context, listen carefully, and go slow. For First Nations and proponents alike it is a good idea to think long and hard about signing onto a joint IBA with multiple parties involved. Some situations are better suited for joint IBAs and other situations they may cause more headaches than they are worth.

I recently gave a talk at the Commons Institute’s seminar on Aboriginal Law and Resource Development which addressed some of these issues and offered some suggestions of factors to consider when making decisions about joint IBAs.