Opinion: An era of consult and consent on pipelines – The Chronicle Herald

August 15, 2017

In the recent Clyde River and Line 9 pipeline decisions, both of which involved federal consultation with Indigenous peoples, the Supreme Court of Canada ruled “the duty to consult has meaningful context, but that it is limited in scope.”

Surely this requires the Trudeau Liberals to enunciate a clear position on the non-binding 2007 United Nations Declaration on the Rights of Indigenous People (UNDRIP).

Article 32 deals with the right of Indigenous peoples “to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.” It also emphasizes countries “shall consult and co-operate in good faith with the Indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources particularly in connection with the development, utilization or exploitation of mineral, water or other resources.”