Extraction Contracting: The Struggle for Control of Indigenous Lands

22 Pages Posted: 11 Sep 2020

See all articles by Dayna Nadine Scott

Dayna Nadine Scott

York University - Osgoode Hall Law School

Date Written: April 2020

Abstract

What constitutes ‘consent’ to extraction in the contemporary moment? How do we know when it has been freely given? How does it manifest in the world? Prime Minister Justin Trudeau, when defending his government’s support of the controversial Transmountain Pipeline Expansion project over the past year has often included reference to the fact that more than 40 First Nations along the proposed route have signed “Mutual-Benefits Agreements” with the company. In the context of increasingly contested and politicized resource extraction projects, and reinvigorated and revitalized Indigenous legal orders, what should we make of the negotiation of private contractual agreements now routinely offered up as evidence of consent?

Suggested Citation

Scott, Dayna Nadine, Extraction Contracting: The Struggle for Control of Indigenous Lands (April 2020). Osgoode Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=3690529

Dayna Nadine Scott (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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