Recognition, Rights and Resources: Negotiating Mining Agreements on Indigenous Lands in Canada and Australia

While the concepts of Aboriginal title share a similar jurisprudence in both Australia and Canada resource development regimes on Aboriginal title lands differ significantly. In Australia, the process is the right to negotiate with mining proponents. In Canada, the process is the duty to consult with government regarding mining projects. This paper compares and assesses the processes for ?consultation and negotiation? with Indigenous peoples when development actions (particularly in the context of mining resource development) impact Indigenous property rights and how agreement making can be progressed. This paper will question whether the resource development processes afford Indigenous people?s property rights full respect when mining developments on Indigenous lands are proposed.