Innovative options for structuring oil and gas agreements on First Nation lands

The paper is developed from two perspectives, both of which are integral to the manner in which the paper's topic is viewed: a First Nation's perspective and a legal perspective. The paper is premised on two important points. The first is that the paper is presented only from a First Nation's perspective, not from the commonly understood 'Indians, Inuit and Metis', but from what has historically been considered as an 'Indian' perspective. The second premise is that the entirety of Aboriginal Lands is not dealt with, which are commonly understood to include reserve lands and Aboriginal title lands. With one exception, the discussion is concerned with options for structuring agreements to reserve lands which are defined as 'a tract of land, the legal title of which is vested in Her Majesty, that has been set apart by Her Majesty, for the use and benefit of the land'. It is important to understand the perspective First Nations have of their land and resources. And from a legal point of view, it is also important to understand the distinction between Aboriginal title lands and Indian Reserve lands. Integral to this understanding is an appreciation of the manner in which First Nations' title arises. The failure of the current legislative scheme to adequately protect First Nation interests and provide for their greater participation is understood and appreciated by the author