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LEGAL REPORT/ABORIGINAL LAW Minding the business of First Nations Aboriginal groups and corporations are forming long-term deals to move business forward, but government remains stagnant and treaty negotiations sluggish. BY JENNIFER BROWN W hen it comes to dealing with First Nations issues in Canada, inc r e a s ing l y, industry and native groups are getting out in front of government in an attempt to build relationships and business. They are working on progressive agreements to advance opportunities economically both for the First Nations communities and the companies to expedite projects, particularly in the resource sector. The missing link in this push forward, according to many aboriginal law experts, is government's inability to make decisions and keep Canadian resource projects of interest to investors. "That is the elephant in the room — the government part of the issue and I think many of my First Nation friends would agree. What exactly is the game plan?" says Thomas Isaac, a partner with McCarthy Tétrault LLP who heads up the firm's aboriginal law group based in Vancouver. Isaac says neither provincial nor fed- eral governments have been able to keep pace and develop sustainable treaties or interim measures to allow business and First Nations to feel they are being brought into the governance model. The ability to participate in the mainstream economy is what many First Nation groups are looking for, he says. It's a concern held by many who represent both First Nations groups and business entities. "As one chief 42 FEBRUA R Y 2012 www. CANADIAN Lawyermag.com told me, 'We can't eat rights and title,'" says David Bursey, a partner with Bull Housser & Tupper LLP in Vancouver. "A lot of First Nations are looking to build something for their community." When it comes to big business and aboriginal groups working together, there has been significant change in the last five to 10 years, says Bursey. "We counsel First Nations and companies not to wait for government; try to develop relationships directly and there can be great success in that. Most companies are already there — they would rather work out the rela- tionships. Business wants certainty. They want to know what roles and relationships will govern the transactions and projects they are seeking to develop. There are lots huaN traN