Joan Young spoke to Business in Vancouver about resource company's rights in the treaty process 

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January 2017

News

The BC Supreme Court is scheduled this week to begin hearing an application from China Minerals Mining Corp. The companies argue that the B.C. government essentially expropriated their mineral claims when it secretly handed over land parcels to the Kaska Dena.

The companies argue that the Kaska Dena’s own plans for a run-of-river hydroelectric project might have prevented the claims from ever being exploited. The government disagrees, saying it was merely a transfer of land ownership from the Crown to a First Nation, which does not extinguish subsurface mineral claims.

Joan Young spoke to Business in Vancouver about resource company’s rights when government enters into treaties or other agreements in furtherance of  reconciliation with Aboriginal peoples.

“The government is now on record as having told our client – and the court in its written submissions – that it feels it owes no duty of procedural fairness and consultation to third parties holding mineral titles when entering into treaty-related agreements,” Young said. “That is an astonishing position which we have never seen stated before.”

You can read the full Business In Vancouver article  at Treaty rights trump minerals rights: province