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Between Consent and Accomodation: What is the Government Duty to Accomodate First Nations Concerns with Resource Development Projects?

George Hoberg, Stephanie Taylor

Between Consent and Accomodation: What is the Government Duty to Accomodate First Nations Concerns with Resource Development Projects?
Property Information
Resource Type Policy Brief
Language
  • English
Year 2011
Country Canada
Topic
  • FPIC
  • Rights and Legal Framework
Complexity Academic
Keywords
  • Canadian Law
  • Consultation
  • Decision Making
  • Monitoring
  • UNDRIP
Written By Academic Researchers
Written For
  • Indigenous Allies
  • Leadership and Management
Description This policy brief examines how the relationship between Canadian governments and Indigenous peoples is negotiated when disagreements arise regarding proposed development projects. While Indigenous peoples are entitled the right to Free, Prior, Informed Consent (FPIC), there is no clear understanding within Canadian law of when this consultation and accommodation have been appropriate. The Taku Supreme Court decision is explored as an example where Indigenous opposition to a project did not stop further development.
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