Consult, Consent and Veto: International Norms and Canadian Treaties
The Right Relationship (U of T Press) edited by Michael Coyle and John Borrows, 2017, Forthcoming
54 Pages Posted: 3 Feb 2016 Last revised: 18 Dec 2016
Date Written: December 7, 2016
Large parts of Canada, from Ontario to parts of British Columbia and north to the Northwest Territories, are covered by the “numbered treaties”, signed between First Nations and the Crown between 1871 and 1929. These treaties provide for the continuation of Indigenous hunting, fishing and harvesting activities until the land is “taken up” by the provincial Crown for activities such as mining, lumbering and settlement. This draft book chapter argues that consent of First Nations should be required before further development that impact on their harvesting rights. The consent standard has already been widely adopted in the private sector both in policy and in practice, and Canadian courts should require consent as a “best practice” for industry and government.
Keywords: Indigenous Treaties; free, prior, informed consent; FPIC; international law; Aboriginal treaties; Indigenous peoples; Tsilhqot’in; extractive industries
JEL Classification: K10
Suggested Citation: Suggested Citation