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injunctive relief, damages, or simply tofurther negotiations.Disputes over the DTC process can causedelay and increase costs for projectproponents. However, many proponentshave willingly entered into negotiations aspart of the DTC and worked with Aboriginalcommunities to reach Impact and BenefitAgreements (“IBAs”), which can lead tobenefits on both sides, enabling proponentsto continue with projects but also bolsteringcommunity and economic development forFirst Nations.BUSINESS RELATIONS BETWEENINDUSTRY AND ABORIGINAL GROUPSAn OverviewFor practical and business reasons, privatecompanies have been increasingly active inworking with Aboriginal groups in situationswhere they are contemplating a significantproject on lands traditionally claimed by anAboriginal group. This has often involvedthe negotiation of IBAs between thecompany and the Aboriginal group, or othercooperative business relationships,including partnerships, corporate structuresor joint ventures. In some cases, theexistence of a comprehensive land claimsagreement may specifically mandate thenegotiation of an IBA, or otherrequirements, in order for a project toproceed on affected lands.For the offshore oil and gas industry, forinstance, there is no requirement for an IBAbut the Offshore Accord legislation in placein Newfoundland and Labrador and NovaScotia provides that the regulator mayrequire developers to prepare benefits planswhich include provisions that enable“disadvantaged groups” to have access totraining and employment opportunities.In many circumstances, the Indian Act willhave a prominent role to play in determiningthe shape of any business relationshipbetween industry and Aboriginal groups.This is because the Indian Act affects suchmatters as Aboriginal property ownership,commerce, and land possession, and assuch, is likely to play a role in manyproposed business opportunities involvingAboriginal groups.In the Maritimes, which is broadly an areasubject to historical rather than moderntreaties between Aboriginal groups andgovernment, there are unsettled Aboriginalland claims and the common law continuesto evolve in response to questions ofAboriginal land rights in the developmentcontext. The “peace and friendship treaties”(1760-1761) signed by the Mi’kmaq andMaliseet people in the Maritimes have beenfound to have not ceded rights to land andother resources, so any businessrelationship between industry and Aboriginalgroups must take this dynamic rightssituation into account. Conversely, inNewfoundland and Labrador, more recentagreements between Aboriginal groups andgovernments have been negotiated. This isdiscussed in more detail in the followingsection.Attempting to be as informed as possibleabout the specific historical and modernelements which will shape the businessrelationship between industry and Aboriginalgroups is likely to lead to more successfulrelations between industry and Aboriginalgroups.Land Claims Agreements in AtlanticCanadaAboriginal Law 153