Aboriginal and Indigenous Law: Recent developments of importance – Lexpert
Mar 24, 2026
How UNDRIP and new title rulings are reshaping consultation, consent and Crown–Indigenous relations
This year’s update will consider two emerging issues: the status of the United Nations Declaration on the Rights of Indigenous Peoples in Canadian law, and the interaction between Aboriginal title and fee simple property interests.
The status of the United Nations Declaration on the Rights oF Indigenous Peoples
This year, two important decisions considered how the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) should inform Canadian law: Kebaowek v. Canadian Nuclear Safety Commission, 2025 FC 319 (“Kebaowek”) and Gitxaala v British Columbia (Commissioner of Gold), 2025 BCCA 430 (“Gitxaala”).
