Business Law I: Indigenous Perspectives

<p>The act of sourcing and purchasing goods or services (A)</p> Signup and view all the answers

<p>Community consensus versus Band Council approval (D)</p> Signup and view all the answers

<p>Misunderstanding community dynamics and authority (B)</p> Signup and view all the answers

<p>Abandonment of responsibilities to create opportunities (B)</p> Signup and view all the answers

<p>They provide significant economic advantages. (D)</p> Signup and view all the answers

<p>They cannot be registered owners under relevant legislation. (D)</p> Signup and view all the answers

<p>It must be integral to the distinctive culture of the aboriginal group. (B)</p> Signup and view all the answers

<p>They include oral promises made during the formation of treaties. (A)</p> Signup and view all the answers

<p>Clarity about profit and loss attribution. (D)</p> Signup and view all the answers

<p>It sought to eliminate Indigenous cultures and governance. (D)</p> Signup and view all the answers

<p>Income can be received on a tax-exempt basis. (C)</p> Signup and view all the answers

<p>They may be considered a general partner and face unlimited liability. (D)</p> Signup and view all the answers

<p>It confined Indigenous Peoples to small tracts of land. (C)</p> Signup and view all the answers

<p>To assimilate Indigenous children into mainstream Canadian culture. (D)</p> Signup and view all the answers

<p>They are a common and effective business tool, generally not taxable. (C)</p> Signup and view all the answers

<p>Determining the appropriate business structure can be complex. (C)</p> Signup and view all the answers

<p>The Truth and Reconciliation Commission. (C)</p> Signup and view all the answers

<p>First Nations may lose tax exemption if misrepresented in roles. (B)</p> Signup and view all the answers

<p>The Crown's commitment to uphold treaty agreements. (B)</p> Signup and view all the answers

<p>They often included compensation settlements. (B)</p> Signup and view all the answers

<p>They define profit-sharing and responsibilities through a contract. (C)</p> Signup and view all the answers

<p>They allow income tax exemptions on profits. (A)</p> Signup and view all the answers

<p>They can be tax-exempt if they conduct 90% of business on reserve. (A)</p> Signup and view all the answers

<p>Trusts can provide effective tax planning. (D)</p> Signup and view all the answers

<p>Corporations. (C)</p> Signup and view all the answers

<p>Both professional and non-professional businesses. (D)</p> Signup and view all the answers

<p>They provide legal personhood and liability protection. (B)</p> Signup and view all the answers

<p>They should correct questionable acts of partners. (C)</p> Signup and view all the answers

<p>Certain trusts are deemed individuals for tax purposes. (D)</p> Signup and view all the answers

<p>Revenue generated independently by First Nations. (C)</p> Signup and view all the answers

<p>It has made assurances that OSR policy will not be implemented. (D)</p> Signup and view all the answers

<p>The influence of foreign investment. (A)</p> Signup and view all the answers

<p>To take responsibility for 'Indians' and reserved lands for the Indians. (D)</p> Signup and view all the answers

<p>It limits growth by reducing government funding as OSR increases. (C)</p> Signup and view all the answers

<p>Provincial regulations regarding business creation and governance apply. (A)</p> Signup and view all the answers

<p>To maximize financial resources available for community development. (D)</p> Signup and view all the answers

<p>The organization of their business ventures. (C)</p> Signup and view all the answers

<p>The impact of required Crown – Indigenous Peoples consultation and accommodation (B)</p> Signup and view all the answers

<p>The Crown must meet a justification test based on the 'Honour of the Crown' (B)</p> Signup and view all the answers

<p>A contract between developers and Indigenous communities for shared benefits (D)</p> Signup and view all the answers

<p>Social Licence (C)</p> Signup and view all the answers

<p>Private proponents (A)</p> Signup and view all the answers

<p>Skills in intercultural competency and conflict resolution (D)</p> Signup and view all the answers

<p>Consult with the Indigenous community and accommodate impacts (D)</p> Signup and view all the answers

<p>Individuals with authority to make commitments on behalf of the group (A)</p> Signup and view all the answers

Activities integral to the distinct culture of an Aboriginal group, considered rights.

Rights explicitly stated in treaties and oral agreements, emphasizing the Crown's honour.

Canadian legislation that eroded Indigenous economic participation and cultural practices.

Confined Indigenous peoples to small, limited-resource areas, limiting economic opportunities.

Lands legally owned by Canada, despite being held for Indigenous use.

Government- and church-run schools aiming to assimilate Indigenous children.

Body set up to document the experiences of residential school survivors and suggest reconciliatory measures.

Historical & legislative actions that restricted Indigenous access to necessary resources and economic systems

The Crown (government) must consult with Indigenous communities when decisions might affect Aboriginal and treaty rights.

Agreements between developers and Indigenous groups to address potential project impacts on Aboriginal or treaty rights.

Community acceptance of a company or organization.

A legal duty for the Crown to uphold the promises made in treaties with Indigenous groups.

A test that the Crown must meet to prove they are justified in a decision that could negatively impact Aboriginal/Treaty rights.

Private companies are not legally obligated to consult with Indigenous communities.

Consent or cooperation agreements addressing project impacts on Indigenous and treaty rights.

Determining the appropriate parties (Nation, Band, or umbrella organizations) for Indigenous consultation and IBA agreement signatories.

Deciding if community consensus or Band Council approval is sufficient for IBA agreement.

Large-scale projects significantly impacting Indigenous rights should require a full band/community ratification vote for IBA.

Indigenous communities may feel pressured into IBAs, potentially weakening resistance to unwanted projects.

Crown governments may shift responsibility for Indigenous education/economic support from themselves to private businesses via IBAs.

Sourcing and purchasing goods, services, or materials for a business.

Access to contracting, procurement, and potential commercial partnerships.

Indigenous Bands (communities) often lack legal personhood, impacting their ability to legally own off-reserve land under provincial land registry laws.

Revenue generated by First Nations from sources other than funding by Canada for fulfilling constitutional obligations.

A contract outlining profit/loss sharing, investment contributions, and expected returns for business ventures. While offering potential tax advantages, joint ventures often provide little liability protection.

OSR policy can limit growth and hinder reconciliation efforts by linking government funding reduction to increases in OSR.

Indigenous business arrangements are shaped by legal tradition, colonialism, specifics of the Indian Act, Canadian business laws, land ownership restrictions, and a desire for legal protections and tax advantages.

A business structure involving two or more individuals/entities working together toward profit, typically not taxed as a separate entity.

Common business structure for First Nations, offering tax exemptions and limited liability for limited partners.

Limited partners in Indigenous businesses avoid liability protection when taking active roles in management, potentially dissolving tax exemption statuses.

Grants parliament responsibility over Indigenous people and lands reserved for them.

Provincial laws generally apply to Indigenous people in a province, subject to treaties and other federal laws.

Indigenous groups can often receive income as limited partners without immediate taxation. This varies by the laws in application.

The recognition of an entity under the law as having legal rights, duties, and responsibilities, typically to own property and take legal action.

Provincial laws affect structuring and governing Indigenous businesses.

The chosen business structure significantly impacts tax burdens, liability exposure, and opportunities for Indigenous businesses and communities.

The legal status of Indigenous groups impacts how they organize their businesses and seek legal protections.

A business structure, increasingly common for First Nations businesses, that distributes profits, limits liability, and allows for management input, potentially leading to tax exemptions.

Specific laws allowing tax exemptions for First Nations businesses under certain circumstances.

Legal responsibility for civil actions/outcomes under certain circumstances (in a business context).

Corporations owned by FN governments can sometimes get tax breaks if they operate mainly on reserve land.

Trusts aren't explicitly legal entities, but can be treated as individuals for tax reasons.

These business structures offer legal protection and flexibility. They can sometimes be eligible for tax exemptions.

Some not-for-profit corporations are tax-exempt, like the example in the case of Gull Bay Development.