Both the federal government's UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples) action plan and a recent decision by the B.C. Court of Appeal highlights the importance of consultation in negotiations with Indigenous Peoples, a point that was highlighted during the September Indigenous Law Insights webinar. The session was presented by Litigation associates Ankita Gupta and Brodie Noga.
The action plan calls for the development of guidance on engaging with Indigenous Peoples on natural resources projects to further consultation and cooperation in good faith with Indigenous communities. The objective is to obtain free, prior and informed consent before the approval of any project affecting their lands or territories. Consultation arrangements are to be co-developed with Indigenous partners that establish agreed-upon duty to consult and engagement processes.
In a B.C. case involving an interlocutory injunction against an Indigenous land claim, the B.C. Court of Appeal ruled that the B.C. Supreme Cout had failed to consider whether an injunction that effectively suspended ongoing consultation processes was in the public interest. The Appellate Court held that there was a broad public interest in the existence of consultation processes, and these processes are of vital importance in promoting and achieving reconciliation.
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