Indigenous Voices on self-determination, FPIC, and Canada’s evolving duty to consult and accommodate framework: an empirical study
Year: 2025
Type: article
Abstract: Inspired by decolonial and Indigenous researchers, this study problematizes extant research on engagement practices between resource development project proponents and the Indigenous peoples affected by such projects, by interrogating the underlying assumptions of prior studies. Within the context of Canada, the Duty to Consult and Accommodate (DTCA) framework is currently applied to engagement practices rather than Article 32 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). However, shortly after the passage of the UNDRIP Act of 2021, the federal government commenced a three-year consultation project with Indigenous nations on how to ensure that a revised DTCA framework is more consistent with the rights affirmed by the UNDRIP. This qualitative study, based on interviews with Indigenous lawyers who have negotiated on behalf of Indigenous communities with resource development proponents, explores how current practices may be improved to better align with the UNDRIP and honour the rights of Indigenous peoples to meaningfully participate in projects that align with their development priorities. Findings point to the importance of respecting the rights of Indigenous peoples; allowing time, space, and capacity for Indigenous decision-making institutions to flourish; and to rebuild relationships based on early engagement, partnership, and respect for Indigenous peoples as rightsholders rather than stakeholders with an aim toward substantive outcomes instead of procedural box-checking.
Source: Mspace (University of Manitoba)
Author: Pomart, Peter
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7137550873