Results for:Canadian Law
Total Resources: 34
In this report from the National Centre for First Nations Governance, Morellato discusses the importance of the Government’s duty to consult Aboriginal people with respect to their traditional lands, resources, and governance. She argues that the decisions made by the Crown can either facilitate Indigenous governance and self-determination or can extend injustice, marginalization and poverty. Important cases in Canadian law are examined followed by recommendations for consultation and reconciliation.
Tremendous progress has been made by Indigenous peoples over the last 20 years, but Indigenous peoples must now focus on spurring the private sector to make similar rights recognitions. By advocating the adoption of Free, Prior and Informed Consent (FPIC), Indigenous peoples are changing business practices on a huge scale.
This presentation targeted to members of Industry to share information about Free, Prior and Informed Consent (FPIC). Specific attention is paid to the requirements for FPIC outlined in the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP) and the International Finance Corporation (IFC). Specific examples of FPIC are introduced in the context of Canadian Domestic Law.
This report examines the human rights impacts of two mining projects in the territory of the Diaguitas Huasco Altinos Agricultural Community (known in Spanish as the Comunidad Agrícola de Los Diaguitas Huasco Altinos [CADHA]), an indigenous community settled in Huasco Province, in the Atacama region of Chile.
Focusing on the Canadian context, this article discusses the roots and implications of a pro- ponent-driven model for seeking Indigenous consent to natural resource extraction on their traditional lands. Building on two case studies, the paper argues that negotiated consent through IBAs offers a truncated version of FPIC from the perspective of the communities involved.
This article by National Chief, Perry Bellegarde, discusses FPIC as an aspect of Indigenous people's inherent right to self-determination. He states that Indigenous peoples have rights to make decisions about the land, laws, and resources. Planning decisions cannot be made without Indigenous people's FPIC and must be free from oppression, outside interference, and negative impacts. Bellegarde calls on the Canadian government to adopt the declaration within federal legislation and to address the human rights violations that are occurring in Canada.