Indigenous communities must give their free, prior and informed consent to projects that occur within their traditional territories. Governments in Canada have a legal duty to act with good faith and engage in consultations with Indigenous communities that are meaningful and appropriate to the individual community’s circumstances before acting in a way that may impact that community’s rights. The Crown may be required to accommodate the Indigenous community’s concerns.
We understand that many Indigenous communities grapple with how to balance the protection of their section 35 rights with opportunities for development and their long-term strategic planning within their traditional territories. Our clients often face both internal pressures from the community and external ones from industry and governments, and they seek strategic advice about how to get that balance right. We work with and advocate for Indigenous communities to ensure that they have been fully consulted and accommodated, and have provided their consent, before any project proceeds in their territories.
Our work includes:
- advising on section 35 rights
- advising on the United Nations Declaration on the Rights of Indigenous Peoples and related federal and provincial legislation
- providing strategic legal and policy advice about the Crown’s constitutional obligations to fulfill the duty to consult and accommodate
- assisting clients to draft their own processes and procedures for consultations with the Crown, including consultation protocols
- engaging in complex negotiations with the Crown and proponents
- advising on referrals
- drafting submissions, coordinating third party experts and coordinating traditional land use studies
If you would like to talk to a lawyer practicing in this area, please contact: