Understanding successful approaches to free, prior, and informed consent in Canada : Recent developments and effective roles for Governement, industry, and indigenous communities

Canada has been urged by the Special Rapporteur on the Rights of Indigenous Peoples to “put in place a policy framework for implementing the duty to consult that allows for indigenous peoples’ genuine input and involvement at the earliest stages of project development.” Domestically, the Supreme Court of Canada (SCC) continues to rule on the question of consultation and accommodation and, most rec [...] In 2015, the BLC commissioned the Firelight Group to build on that earlier work and to review recent developments affecting the interpretation and implementation of FPIC in the current context of the extractive sector in Canada. [...] The CIS provides non-confidential information to interested parties (not only to federal officials) on the location and nature of established and potential Aboriginal rights, the contact information of Aboriginal groups and their leadership, and information related to historic and modern treaties, agreements, claims, and litigation. [...] The companies have the option to buy back the same licenses at the same price in the event that an agreement is reached with the Tahltan in the next ten years.10 Canadian assessment and regulatory bodies must act within the scope of their legislative mandates. [...] The Guidelines outline four phases in the consultation process: 1. Pre-Consultation Analysis and Planning: During this phase, the responsible authority describes the proposed Crown or third party activity (e.g., issuance of a permit, approval or provision of project funding) and identifies the potential or established rights of the Aboriginal groups in the area and potential impacts of the project