Results for:Canadian Law
Total Resources: 61
This short video gives a brief update from KAIROS about the status of UNDRIP 10 years later.
This article examines the significance of UNDRIP as a public policy tool for developing national policy to support future resource and land management consultations that are based on free, prior, and informed consent (FPIC). The author suggests that UNDRIP needs to be integrated into Canadian and American policy through actions and consultations with Indigenous peoples that are rooted in FPIC.
Indigenous Peoples in Canada actively participated in the drafting and negotiating of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), however the Canadian government maintains that UNDRIP is only an aspirational document. The author suggests that Indigenous people, communities, and lawyers start using UNDRIP when judging and developing laws, so as to normalize it in Canadian law.
The purpose of this project is to compile information on consultation frameworks that could be used by First Nations in Canada. It provides legal information in regards to Indigenous rights and governance.
This consultation protocol was created by Fort Nelson First Nation (FNFN) to ensure that development on their territory occurs in a responsible manner that balances the benefits of development with the adverse impacts to their land and community. Their protocol includes the principles and guidelines that must be used when engaging in consultation with their community.
Free, Prior, and Informed Consent (FPIC) is an Indigenous right that has been infringed upon by the Canadian legal system. A notable case is presented where the Supreme Court of Canada’s Sparrow decision laid out a case law in which Aboriginal title was overstepped. To honour obligations to Indigenous peoples, the Crown should adopt the standard of a minimal impairment of Aboriginal title.