ABSTRACT

Indigenous treaty rights and resource extraction do not necessarily have to be incompatible. In Canada, many advances have been made to protect Indigenous treaty rights in the context of resource extraction projects: court enforcement of the duty to consult, negotiation of impact benefit agreements and creation of environmental regulations, to name a few. But what happens when a global pandemic hits and government coffers run dry? Looking at new legislation (Bill 197) in Ontario, this chapter shows how quickly the state can shift to once again promote market solutions and resource extraction at the expense of First Nations treaty rights.