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Carmen Diges, vice president of legal and business affairs at Noront Resources Limited, a Toronto-based exploration-stage resource company, notes that the supreme court decisions "didn't specifically encompass private actors' duty to consult and accommodate." But Diges adds: "Because private actors need a good relationship from the beginning of a project, they often can't wait for the government to step in. It's too long and slow of a process. So the private actors are starting to take responsibility for those duties."

Aboriginal legal issues are a major part of Diges' work at Noront. Last year, the company discovered nickel, copper, platinum and other precious metals in the "Ring of Fire" area in the James Bay Lowlands (the same region of northern Ontario where De Beers's Victor mine is located). Diges says she is involved in building relationships and conducting negotiations with the nearby First Nations, which includes drafting contracts such as early-stage exploration agreements and Impact and Benefit Agreements.

Also called IBAs, these contracts spell out the relationship between Noront and the Aboriginal communities, and discuss the financial as well as nonfinancial accommodations that the company can make. "They try to address some of the issues, like employment and training obligations, and other contributions to reduce any negative impact," says Diges, who is also a partner in the Toronto office of McMillan.

Unlike many contracts, there is no standard form for an IBA since companies tend to keep them confidential, Diges says. A frequent speaker on Aboriginal issues, she has a workshop planned for February at which she hopes to get lawyers talking about standardizing at least the nonfinancial aspects of IBAs.

One of the local leaders that Noront has been negotiating with on the Ring of Fire project is Baxter, the Marten Falls First Nation chief. Because about 90 percent of his community members are unemployed, they need not just money, but employment opportunities too. "They've been doing well so far," Baxter says of Noront. "Community members are being hired and trained for the jobs."

Noront has also had experience with First Nations in other projects. In 2007 the company entered into a memorandum of understanding with the Waswanipi Cree First Nation for a gold exploration project at Windfall Lake in Quebec. Noront agreed to address a number of issues raised by the Waswanipi, such as environmental concerns, social support, training and employment, and remedial funding.

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