ABSTRACT
This chapter examines whether and how the Historic Urban Landscape (HUL) Recommendation, as presently worded, is situated to address sustainable development of historic urban sites in Canada, particularly in areas where unresolved land claims and other impacts of colonialism are still felt deeply in Aboriginal communities. The existence and nature of Aboriginal title in Canada has been the subject of numerous Supreme Court of Canada decisions beginning in the 1970s and culminating most recently in the Tsilhqot'in decision in June 2014. The Royal Proclamation formed the basis for future treaty negotiations between the British Crown and Aboriginal peoples in Canada and for modern-day land claims covering unceded territories in Canada. The real possibility of controversy over who holds title to historic urban sites on suh lands and the consequent lack of clarity as to who holds decision-making power with respect to those sites, renders any negotiation and decision-making processes over sustainable development of those sites highly challenging.
