The Role of the Natural Resources Regulatory Regime in Aboriginal Rights disputes in Ontario

Abstract

The quest was to look at the role of the natural resources regulatory regime in Aboriginal rights disputes in Ontario. The fact that there are Aboriginal disputes is, to put it quite simply, indisputable. The fact that such disputes have been a feature of the history of Ontario from its inception is also indisputable. The reason for these Aboriginal rights disputes is simple to identify. Aboriginal peoples resist dispossession of their lands and resources. This paper sets out several examples of these Aboriginal rights disputes. The examples cover almost two hundred and fifty years, from the late 1700s to the events of this past year. The examples cover the entire geography of Ontario and they represent all of the Aboriginal peoples who live in Ontario. The examples show how and where the disputes are fought—in courts, on blockades, in parks, on roads, and in the political back rooms of the province. The natural resources regulatory regime plays a significant role in Aboriginal rights disputes because it functions as the many-armed mechanism by which Ontario, at the expense of Aboriginal peoples, originally settled the province and now implements its development. The norm is that the natural resources regulatory regime is applied with full force and vigour to Aboriginal peoples without accommodation of their Aboriginal rights. There are however, some

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