This paper discusses the legal principles which are relevant in determining the appropriate level of compensation for infringements to aboriginal and treaty rights. This issue has been left open by the Supreme Court of Canada in the seminal case of Delgamuukw. The nature of aboriginal and treaty rights as well as the fiduciary relationship and duties of the Crown are briefly described. The basic constitutional context in which these rights evolve is also discussed, including the federal common law of aboriginal rights and the constitutional position of these rights in Canada. Having set the general context, the paper then reviews the legal principles governing the infringement of aboriginal and treaty rights, including the requirement for just compensation. Reviews of the legal principles applicable to compensation in cases of expropriation and of the experience in the United States in regards to compensation in cases of the taking of aboriginal lands are also carried out. Six basic legal principles relevant for determining appropriate compensation in cases of infringement to aboriginal and treaty rights are then suggested, justified and explained. (Abstract shortened by UMI.)

This thesis argues that economic development, in both theory and practice, is inevitably based on moral questions. These questions have been explored in recent years by "development ethicists," a multidisciplinary group of scholars and practitioners committed to evaluating the policy implications of economic development. Chapter 1 engages this body of literature, arguing that the capability ethic articulated by Amartya Sen and Martha Nussbaum can provide a valuable ethical framework for evaluating economic development in the Canadian north. Their approach is considered in conjunction with other ethical proposals, and, in particular, how theological insights provide an additional dimension for a more comprehensive development ethic. / Chapter 2 investigates the ethical assumptions in the theories and models of economic development proposed for the Canadian north, and how public policy based on these theories and models has infringed on the claims and aspirations of Aboriginal peoples. The chapter then shifts from the larger Canadian context to Manitoba, and explores the story of how two hydro development projects impacted several Aboriginal communities. / This story provides the context for understanding why four church denominations became involved in defending the rights and aims of five Aboriginal communities in northern Manitoba. Chapter 3 examines the moral vision of the four Christian churches and their rationale for sponsoring four days of public hearings on the Churchill-Nelson Rivers hydro diversion project. The public hearings provide an opportunity to analyse how development affects the lives of a people group when it is thrust upon them without consideration of their economic, cultural, and social value systems. / The final chapter examines the issue of the loss of cultural identity for Aboriginal communities as economic development occurs. A major issue pertaining to the loss of cultural identity is whether a development ethic should be based on a universal ethic, or on local traditions, for example, the traditions of the five Aboriginal communities in northern Manitoba. The efforts of the Interchurch Task Force are investigated as a particular type of response to these issues.

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