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Negotiation Support

Negotiation Support


Accommodation and Impact Benefit Agreements (IBAs)

When Industry proposes to extract resources from a particular region of Canada, both government and industry perform what is referred to as a risk assessment or "Strength of Claim" analysis of the claim to the territory used and occupied by a First Nation. These strength of claim reports are prepared either by their own research teams, or they hire a professional research company. The reports are about the portion of the territory that the industry intends to impact through resource extraction (e.g. mining and logging activities) or the construction of hydro-electric dams, transmission lines or pipelines A short overview report (short by our standards) is pulled together. Based upon the evidence before them they determine, prior to entering into negotiations with a First Nation, just what the compensation package or Agreement will look like.


If industry and/or government deem the strength of the First Nation's claim to be weak, the compensation package is small. If they deem it to be strong - they look for "weaknesses" in the claim such as a perceived lack of continuous use, participation in the present day economy, overlaps with other First Nations etc. These so-called weaknesses in the First Nation's claim must be countered by the First Nation under scrutiny in order to achieve a fair settlement package..


In order to negotiate a fair compensation package for the use of, and impacts upon, a First Nation's territory by industry, and to have that compensation package incorporated into an Accommodation Agreement or Impact Benefit Agreement [IBA], the First Nation must counter with their own report regarding their historical and continuous use and occupancy of their territory. Documenting the actual strength of the claim is paramount.


RTS Rights & Title Specialists Inc. prepares those Strength of Claim [Ethnohistorical] reports. We do not simply provide a rendition of the facts gleaned from the documentation and interviews, we also provide an analysis of the fact base and place it within its historical and anthropological context.

Knowledge is Power

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