Actions and Commitments

Call to Action # 43 : United Nations Declaration on the Rights of Indigenous People (43-44)

Supreme Court of Canada defines what adequate consultation and accommodation now requires

August 22, 2017

The Conversation- The Supreme Court of Canada released two major decisions on the Crown’s duty to consult and accommodate Indigenous peoples. The principles set out in the two cases:

  • Clyde River (Hamlet) v. Petroleum Geo-Services Inc. and
  • Chippewas of the Thames First Nation v. Enbridge Pipelines Inc.

will help define what adequate consultation and accommodation now requires, and the responsibilities of various government decision-makers in fulfilling and evaluating whether the duty to consult has been met. The federal government commissioned two expert panels to recommend changes to the NEB and EA processes. Those expert panels have recommended overhauling these processes and replacing them with a regulatory process that fully takes into account Indigenous rights and incorporates the principle of free, prior and informed consent.

https://theconversation.com/lessons-from-supreme-court-decisions-on-indigenous-consultation-82562



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