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The Indigenous Land Claims in New Zealand and Canada

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Prairies” (Usher, 1993, 106). However, unlike the proponents, they did not feel that this was adesirable outcome. Instead, they argued from a dependency perspective that,This massive assault on the l<strong>and</strong> base of Native northerners threatened their basiceconomic resources <strong>and</strong> the way of life that these resources susta<strong>in</strong>ed … when all theriches were taken out from under them by foreign companies, Native l<strong>and</strong> <strong>and</strong> culturewould have been destroyed <strong>and</strong> people left with noth<strong>in</strong>g (Usher, 1993, 106-7).This alternative view of the development process was accompanied by a different view about the l<strong>and</strong><strong>in</strong> question. Far from believ<strong>in</strong>g that the l<strong>and</strong>s <strong>and</strong> resources belonged to all Canadians equally,Aborig<strong>in</strong>al people felt that these were their traditional l<strong>and</strong>s over which they held Aborig<strong>in</strong>al title,which was consistent with the Calder decision.Justice Berger’s 240-page report, issued on May 9, 1977, recommended a ten-year moratoriumon pipel<strong>in</strong>e construction <strong>in</strong> the Mackenzie Valley <strong>in</strong> order to strengthen the native society <strong>and</strong> thenative economy <strong>and</strong> to enable native claims to be settled. In reach<strong>in</strong>g this conclusion, he foreshadowedthe cont<strong>in</strong>gent perspectives on development, recogniz<strong>in</strong>g the unacceptable nature of the presentapproach whether the outcome resulted <strong>in</strong> modernization or dependency. His decision ushered <strong>in</strong> anew era <strong>in</strong> the relationship between Aborig<strong>in</strong>al peoples, governments <strong>in</strong> <strong>Canada</strong> <strong>and</strong> corporations thatwished to develop resources on traditional Aborig<strong>in</strong>al l<strong>and</strong>s. A key characteristic of this new era hasbeen the emergence of bus<strong>in</strong>ess development, based on capacity provided by l<strong>and</strong> claim settlements,as an important aspect of the drive by Aborig<strong>in</strong>al people for self-reliance, self-government <strong>and</strong>improved socioeconomic circumstances.Without a doubt, this is an <strong>in</strong>stance of socialentrepreneurship.In the years s<strong>in</strong>ce the Calder decision <strong>and</strong> the Mackenzie Valley Pipel<strong>in</strong>e Inquiry, theSupreme Court of <strong>Canada</strong> has issued additional decisions that have further clarified the rights of<strong>Indigenous</strong> people to their traditional l<strong>and</strong>s <strong>and</strong> resources (Figure 2). Respond<strong>in</strong>g to the Court’srul<strong>in</strong>gs, the persistent dem<strong>and</strong>s of <strong>Indigenous</strong> people, pressure from civil groups, <strong>and</strong> the urg<strong>in</strong>g of10

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