Real Property Development and Indigenous Rights
Updated: Nov 22, 2021
Indigenous rights in the context of oil and gas pipelines in Canada: exposing naturalised power structures through a lens of intersectionality.
Margot Hurlbert and Amber J. Fletcher
This insightful article illuminates the intersectional aspects of real property development. Specifically, this article focuses on efforts to purchase land to develop pipelines in areas where there already were existent pipelines, as opposed to areas where none existed before. This study examines the factors that have been an integral part of these legal battles in order to understand when exactly land can successfully be defended from developers and on what grounds. The authors use case studies from indigenous groups in Canada in order to show where the line is in a context that respects indigenous rights in words and in practice. This article serves to show how the law can be used to both advance and dismiss indigenous land rights, especially through its performative reduction of their claims. Timely and important, this thought-provoking article helps the reader understand what considerations to make when deciding if land is being sold on ethical grounds. Find access to the article here.