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Buckshee Agreement

While acknowledging that they do not have the legal right to own lands and creek Run Park, the companies say they have relied on repeated assurances and agreements that a lead lease would be formally agreed and registered. Alternatively, they are counter-actioning against the complainants, who demand deferral and other forms of discharge on the basis of the just principles of guilt, unjust enrichment and quantum meridian. The context and history of this quarrel are complex and long. Many of them are unchallenged and contain hundreds of documents that have been included in the instruction by mutual agreement and which usefully explain the chronology of events. The central question, from which all other claims and counter-claims come, is whether or not companies crossed the line. The combination of relevant legislation, established common law and agreed facts leads to the inevitable conclusion that societies are in violation of countries. Neither the group nor any member of the group can enter into legally binding leases and, to the extent they claim, the contracts are non-acute. Such informal agreements (commonly known as buckshee leasing) are illegal and unenforceable. Prior to the granting of a lease for land held under a certificate of ownership, the Crown is required to consult with the Band and take into account the group`s concerns and views and to give weight.

This is to protect the Band`s collective interest in reserve areas, which continues despite the allocation of ownership to individual members (Tsartlip Indian Band vs. Canada (Minister of Indian Affairs and Northern Development), [2000] 3 CNLR 386). What happened in this case is precisely why it is important to follow the process defined by Indian law. Otherwise, this may give rise to disputes with which the parties have been arguing for 26 years. Participants also pointed out that the funding of only one land manager per municipality was not sustainable and that their ability to cope with workloads in large municipalities and succession planning for all municipalities was hampered. Overall, First Nation participants welcomed “Made in Alberta” training and encouraged both the National Aboriginal Land Managers Association and INAC to seek a new partnership with a post-secondary institution in Alberta. They also wanted more traditional knowledge in the curriculum and more training in environmental and resource management. Building land and environmental capacity is a priority for Ontario communities. More accessible, supportive and practical training would strengthen existing capacity assistance in National First Nations offices to address day-to-day problems. In addition, improved capacity would also help to cope with longer and more complex processes, such as additions to reserve projects and large projects.

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