Archives: Duty to Consult

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Indigenous Interests in Focus – Impact Assessment Act introduces substantive measures for a renewed relationship with Indigenous peoples

On February 8, 2018, the federal government introduced Bill C-69, Part 1 of which tables the Impact Assessment Act (IAA), proposed federal legislation to replace Canada’s current environmental assessment legislation, the Canadian Environmental Assessment Act, 2012 (CEAA 2012), as we outline here.… Continue Reading

Angling for Reconciliation: An Overview of Indigenous–related Amendments to the Fisheries Act

On February 6, 2018, the federal government announced proposed amendments to the Fisheries Act (the Act), as we summarized here. In furtherance of the federal government’s reconciliation efforts with Indigenous peoples, the proposed amendments provide opportunities to increase and strengthen the role of Indigenous groups in decision-making under the Act, which includes the potential for … Continue Reading

Northern Superior Appeals Dismissal of Aboriginal Consultation Claim Against Ontario

Northern Superior Resources Inc., a Sudbury-based junior mining company, is not giving up on its $110-million lawsuit against the provincial government. It has recently asked Ontario’s highest court to reverse the dismissal of its claim, which seeks damages from the Crown for allegedly failing to properly discharge its duty to consult. What is noteworthy about … Continue Reading

Canada announces unqualified support for UNDRIP – suggests Canada’s existing constitutional obligations serve to fulfil the principles of “free, prior and informed consent”

This post was updated on May 26th, 2016. On May 10, 2016, the federal Minister of Indigenous and Northern Affairs, Hon. Carolyn Bennett, announced Canada’s latest position statement on the United Nation Declaration on the Rights of Indigenous Peoples (the Declaration). The announcement came on the second day of the United Nations Permanent Forum on … Continue Reading

The United Nations Declaration on the Rights of Indigenous Peoples and Free, Prior and Informed Consent – Where does Canada go from here?

This article appears in McCarthy Tétrault’s March 2016 publication, Mining in the Courts, Year in Review, volume VI. The full publication is available online. In 2015, Canada’s new federal government committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples (Declaration). This has generated significant attention in the mining and natural resource … Continue Reading