This chapter is based on the textbook, "Indigenous Perspectives in Business Ethics and Business Law in British Columbia." You can find different formats to read the book on the BC Campus website.

This subject matter can be confusing if you are unfamiliar with the historical context. For that context, you can read part 1 (pages 7 to 22). The business law section on the Duty to Consult should be read (pages 57 to 78) for this assignment. Alternatively, I've created a 30 minute presentation you can watch.

1. Describe what Aboriginal Title is.

See pages 59-60

2. How is Aboriginal Title established in court?Note that this is the three part test.

See page 61-62

3. What is the Duty to Consult?

See page 63

4. Briefly describe at least one issue arising from the Duty to Consult that remains unresolved.

This is an ambiguous area of law that is constantly developing. There are numerous issues to choose from on pages 67 - 75.

5. Daniel works for community relations at a Liquified Natural Gas (LNG) company. His company is considering a project which will go through ten different Indigenous territories. It's still early days for the project, but he learned from his business law course that his company should be pursuing relationship building with Indigenous communities early. Should Daniel be consulting with hereditary or band leadership, or both? Why?

See pages 73-75.

6. You are an Indigenous activist dissatisfied with a proposal to build a hydroelectric dam that would flood a part of your group's traditional territory. Name at least one of the grounds on which you can challenge the project in court.

See pages 67 - 68. Recall that the Crown must meet all 3 of the criteria and sub-criteria to infringe Aboriginal Title.