ABSTRACT
Canada’s modern land claims agreements between the Crown and Indigenous communities in Northern Canada, Labrador and British Columbia offer the possibility of enhanced participation by Indigenous communities in resource development decisions within the settlement areas of these claims. This chapter examines how the agreements and the interpretive case law on the agreements deal with participation issues. It deals with land use planning and impact assessment are well integrated, with the result that in areas with an approved land use plan only projects that conform to the land use plan can proceed to the impact assessment stage. The chapter examines one key decision dealing with the land use planning provisions of a land claims agreement. The leading decision on the land use planning provisions of a modern land claims agreement is the decision of the Supreme Court of Canada in First Nation of Nacho Nyak Dun v. Yukon.
