Summary: | The problems associated with the BC government’s approach to non-treaty agreements stem from an unpredictable variety that does not ensure certainty for investors, nor equity for First Nations. The province is taking positive steps, through the New Relationship, to find ways of reconciling assertions of Crown sovereignty and Aboriginal title in BC. This paper completes a two-step policy analysis of this issue through literature and background reviews, a case study analysis and key informant interviews. In order to address these specific problems, there needs to be a standardized, base-level content minimum for consultation and accommodation agreements. This will not become a cookie-cutter approach with template agreements, but rather a set of minimum standards on which to begin negotiations. This approach provides certainty, clarity and equality. Implementing this basket of standards through legislation will ensure the necessary certainty and equality to move forward with non-treaty agreements.
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