In the result, Blueberry River was ordered to produce “… agreements, agreements, joint ventures, account sheets, payments, donations and programs between or with Blueberry River First Nations and supporters of industrial development, present or in the past, with the exception of: (i) documents relating to industrial developments where Blueberry River First Nation rejected a project conducted despite objection; and (ii) requests for funding and capacity by industry representatives, including capacity funding agreements.  Merle Alexander, a lawyer who works in the field of First Nations economic development, said she saw that this type of provision had been put into performance contracts to Aboriginal communities. Prince said she was not against the pipeline, although she has doubts about “what happens to the Earth.” She describes herself as a pragmatist and says she sees the performance agreement as a chance to bring additional income to the community. The terms of negotiation of THE ACCORDS can also be defined in full basic contracts. These agreements, commonly referred to as modern treaties, generally grant signatories to Aboriginal communities the right to land, resources and, since 1996, autonomy. Some extensive land agreements, particularly in the north, require IAPs when development activities are carried out in residential areas. As shown in Table 1, ACCORDS can be signed as part of these agreements with developers of resource development activities or with the federal government for the creation of protected areas and parks.16 Note:The NRCan map shows the location of Aboriginal communities and provides specific information on the types of agreements signed between municipalities and mining companies. Impact agreements (“IBAs”) between industrialists and indigenous groups are becoming an important means for proponents of regulatory risk prevention and for indigenous groups to take advantage of industrial development in their traditional territories. Since economically sensitive information such as financial contributions, employment commitments and contractual commitments can be included, it is generally considered confidential between the supporter and the indigenous group. The contract includes what lawyers call a deterrent clause when a provision of the agreement that is “prohibited or unenforceable” can be dissociated from the agreement without infringing on the other provisions. But the details of these individual agreements have been denied to the public.
The Court held that certain documents should be disclosed, although the province`s defence asserts that Blueberry River was “new” to or benefited from industrial development: the Community`s capacity challenges may also have implications for the implementation of IBAs and the transfer of long-term benefits to Aboriginal communities. As previously mentioned, IBAs may include training and procurement rules for businesses to help communities achieve long-term economic prosperity and well-being33. The lack of advanced formal education continues to affect opportunities for leadership, limiting the opportunities for labour development offered by IBAs.34 In addition, challenges in commercial capacity, including barriers to access to capital, have limited the development of local Aboriginal businesses, affecting the ability of some Aboriginal communities to take full advantage of IBA-related contracting rules35. IBAs may also have an impact on the negotiation process.