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

Osgoode Legal Studies Research Paper No. 23/2016

54 Pages Posted: 3 Feb 2016 Last revised: 18 Dec 2016

See all articles by Shin Imai

Shin Imai

York University - Osgoode Hall Law School

Date Written: December 7, 2016

Abstract

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

Imai, Shin, Consult, Consent and Veto: International Norms and Canadian Treaties (December 7, 2016). The Right Relationship (U of T Press) edited by Michael Coyle and John Borrows, 2017, Forthcoming; Osgoode Legal Studies Research Paper No. 23/2016. Available at SSRN: https://ssrn.com/abstract=2726091 or http://dx.doi.org/10.2139/ssrn.2726091

Shin Imai (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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