Does FNCIDA change Canadas legal relationship with First Nations?
No. FNCIDA doesn’t reduce the Government of Canada’s fiduciary duty to First Nations. The Government of Canada has special legal obligations towards Aboriginal peoples. These obligations are clearly established in treaties, the Indian Act and the Constitution, as well as in other legislation. FNCIDA in no way changes the legal basis of this relationship. FNCIDA simply allows a First Nation to request the Federal Government to develop, in partnership with the First Nation, regulations that would allow for a large-scale commercial or industrial project on reserve to proceed. In this process, the First Nation would agree to regulations that would be similar to those that apply in the rest of the province off of reserves. This gives investors and developers increased certainty by ensuring that they are dealing with regulations and regulators with which they are already familiar.
