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Essay / Research Paper Abstract
A 5 page research paper that examines indigenous control of mineral and resource development for their land and the various challenges associated with commercialization. Bibliography lists 4 sources.
Page Count:
5 pages (~225 words per page)
File: KL9_khindland.doc
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listed below. Citation styles constantly change, and these examples may not contain the most recent updates. Indigenous Property, Development & Extraction Research
Compiled By - June, 2012 properly! Indigenous Control of Mineral and Resource
Development One of the most controversial issues with which indigenous peoples have had to contend in contemporary society is the problem of maintaining control over mineral and resource development of
their land. For example, real estate law in Ontario, Canada has generated considerable controversy because it allows the Ontario government to lease subsurface mineral rights of private owned land (Ackert,
et al, 2011). This controversy has been particularly intense when mining companies have sought to exercise subsurface rights in regards to land that is inhabited by Aboriginal peoples (Ackert, et
al, 2011). While amendments to the Ontario Mining Act of 2009 increased First Nations participation in mineral development of their land by combining surface and subsurface rights in reference to
landowners in Southern Ontario, this legislation left property rights in Northern Ontario divided (Ackert, et al, 2011). To rectify this situation, it is recommended that the Ontario Mining Act should
be amended so that it indicates "fee simple title" and provides First Nations with the right to "free, prior, informed and consensual consultation" about what occurs in regards to their
land, which would also afford them the "right to deny development" (Ackert, et al, 2011, p. 21). The situation in Ontario is not at all unusual. Historically, legal systems
in Latin America have "ignored, excluded, assimilated, and repressed indigenous peoples" (Aguillar, et al, 2010, p. 44). The constitutional rights associated with natural resources that are granted to indigenous peoples
...