Canadian experience with Indigenous free, prior and informed consent in resource development

Canadian experience with Indigenous free, prior and informed consent in resource development
David Bursey, Claire Lingley, Christina Joynt
Australian Environment Review, 1 May 2023
Abstract
This article reviews the Canadian experience with government efforts to reconcile Indigenous and Crown governance rights in resource development decisions. The specific focus of this review is on how the concept of free, prior and informed consent (‘FPIC’) is working its way from the pages of the ‘United Nations Declaration of Rights of Indigenous Peoples’ (‘UNDRIP’) into Canadian law and policy. As explained later, the policy approaches have been incremental, building on Canada’s existing Aboriginal rights framework. We also offer perspectives on how those involved in resource development are adapting their approach to relations with local Indigenous communities. To give the discussion context for the Australian reader, we begin with a brief summary of the Canadian legal framework for Indigenous rights, as well as the efforts to implement UNDRIP.

Editor’s note: The ‘United Nations Declaration of Rights of Indigenous Peoples’ (‘UNDRIP) is available here: https://social.desa.un.org/issues/indigenous-peoples/united-nations-declaration-on-the-rights-of-indigenous-peoples