CANADA Law and Practice Contributed by: Darrell Podowski, Jennifer Poirier, Joel Matson and Simi Fagbongbe, Cassels Brock & Blackwell LLP
Indigenous ownership in projects Indigenous ownership in resource-based projects is increasing throughout Canada. This trend provides Indigenous communities with independent and self- governing authority over resources overlapping their traditional territories and concurrently increases cer - tainty for projects within such communities. Gov - ernments are also facilitating Indigenous equity in projects. Such participation is seen as a form of eco - nomic reconciliation, allowing Indigenous communi - ties to benefit directly from resource development on their territories. Direct Indigenous involvement in project approvals and land use planning Indigenous communities in British Columbia are increasingly participating in joint decision-making processes through agreements established follow - ing the Province’s UNDRIP implementation legisla - tion. For example, British Columbia and the Tahltan Central Government have entered into consent-based agreements for the assessment of proposed mining projects, including the Eskay Creek Revitalization Pro - ject (2022) and the Red Chris Porphyry Copper-Gold Mine (2023). In 2025, British Columbia initiated joint land-use planning processes with five First Nations in the northwest corner of the province. These plans are being co-developed by the participating First Nations and the Province through consensus-based process - es, with First Nation approval required for implemen - tation.
ichan Tribes v Canada (AG)). The Court determined that fee simple title, commonly known as private land, can overlap with Aboriginal title. While certain govern - ment-held parcels were deemed to be defective and invalid, fee simple titles held by third parties remained intact for the time being. The Court noted that, if the First Nations sought to defeat the fee simple owner - ship that overlapped with their Aboriginal title claim, they would need to apply to the courts again. How - ever, it is uncertain how both interests can coexist in practice, since both convey exclusive rights to use and occupy land. The Court also ruled that provisions in British Columbia’s Land Title Act that provide for indefeasibility of title and protection against recov - ery do not apply to Aboriginal title. This substantially weakens a key legal provision for the security of pri - vate property in the province. In April 2024, British Columbia and the Haida Nation signed the Haida Title Lands Agreement, recognis - ing Aboriginal title over the Haida Gwaii archipelago, including privately owned lands. This was the first agreement to expressly recognise Aboriginal title over private property. Canada signed a similar agreement with the Haida Nation in December 2024.
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