Yogi Yogi:
Based on what 'we' have to go through before 'we' are issued a development permit, the natives are not out of line!
When I applied to the county to build a 12x24 'shed' I had to submit plans & details complete with a drawing as to where on my property I intended to situate the shed, showing exactly how close to my neighbors property the shed would be placed. I also had to describe exactly the intended use of the shed. I also had to consult with all neighbors whose property abutted mine in case they had any objectionsto my plans, in which case those would have to be addressed before construction could begin!
As well, because the proposed site of the shed was within 500 m. of a paved hiway, I had to submit a copy of all info to the Transport Canada, and receive their blessings before a building permit would be issued.
You're absolutely right on that Yogi but the problem with the Native bands isn't all ways that cut and dry.
First off a lot of times there is direct consultation with not only natives who may be affected by things such as cut lines but with any group that uses the land such as trappers. The problem with the natives is that you can consult with one group who claims to represent a certain area and go through a long protracted process only to have another group pop out of no where who then claim that the other group has no legal right to represent them. You then have to start all over. This happens quite often.
Changes to the councils can also affect the consultation process. No sooner do you wrap up the meetings when a new chief is elected. Once again, back to the drawing board.
Another thing is that bands can drag out the proceedings for years if they want something which is most often the case. Some times they can be consulted only to later to deny any consultation has occurred.
And lastly it's not like these companies just go out and stick some survey lath in the ground and say "ok, this is where we want to run our seismic (or core samples), grab the phone book and find out who owns it so can give them a call". The responsibility for deciding who has to be consulted usually falls to the Alberta government. The company has to do their due diligence of course and search for any possible groups who may be affected but no activity can commence until it has been approved by the EUB (or NEB) who require you to prove you have met and satisfied all affected government agencies, land owners, stakeholders and interest groups.
Personally I call bullshit on this band if they say no one has even approached them. It can happen of course but it's extremely rare. If they weren't approched there was probably a reason for it.