Justice Minister David Lametti is seen during a news conference in Ottawa, Thursday, Nov. 26, 2020. THE CANADIAN PRESS/Adrian Wyld

Justice Minister David Lametti is seen during a news conference in Ottawa, Thursday, Nov. 26, 2020. THE CANADIAN PRESS/Adrian Wyld

Ottawa to define ‘prior consent’ through dialogue with First Nations: Lametti

‘If we don’t have the right to say yes or no to development, those areas can be destroyed’

Ottawa can build a shared understanding of free, prior and informed consent with First Nations, Métis and Inuit into a new law to implement the United Nations Declaration on the Rights of Indigenous Peoples, Justice Minister David Lametti said Thursday.

“From Canada’s perspective, free, prior and informed consent is about self-determination, respectful two-way dialogue and meaningful participation of Indigenous Peoples in decisions that affect you, your communities, and your territories,” Lametti said at a virtual forum organized by the Assembly of First Nations to discuss the proposed law.

The Liberal government introduced the long-awaited legislation, Bill C-15, in December after a previous version of the bill died in the Senate ahead of the 2019 election.

It spells out the need for consent from Indigenous Peoples on anything that infringes on their lands or rights, such as major resource projects, but does not define consent.

The proposed law would require the federal government to work with First Nations, Métis and Inuit to do everything needed to ensure Canadian law is in harmony with the rights and principles in the UN declaration, which Canada endorsed in 2010.

Lametti said the UN declaration and C-15 are fundamental contributions to the government’s work to advance reconciliation and tackle deep-rooted discrimination and racism.

Judith Sayers, president of the Nuu-chah-nulth Tribal Council in British Columbia, said free, prior and informed consent is vital to First Nations to protect their territories.

“We hear from the prime minister and here in B.C. from the premier and minister of Indigenous relations that (free, prior and informed consent) does not mean a veto,” she said.

“But I’m not sure what consent means if it’s not yes or no.”

Sayers said the right of free, prior and informed consent cannot be read by itself because there are many sections in the UN declaration that talk about Indigenous Peoples’ rights to own, manage and use resources in their territories.

“If we don’t have the right to say yes or no to development, those areas can be destroyed. And our relationship also will be destroyed,” she said.

Lametti said free, prior and informed consent isn’t simply about resources. It’s about having a consensual and informed relationship between Indigenous and non-Indigenous people in Canada.

“It touches upon all the other aspects of the declaration and about our relationship. And we need to, frankly, just get it better,” he said.

“It hasn’t been done in the past, and that’s one of the real vestiges of colonialism, that’s still exist in such a wide variety of sectors.”

Lametti said his view of free, prior and informed consent is that “you try to get to yes, and you do that through dialogue.”

He said good resource projects will only go forward it they have consent from Indigenous Peoples, where a dialogue has been respected.

Lametti said a number of leaders in the resource industry are realizing that dialogue with Indigenous Peoples is not only the best way forward, but it is the only way forward.

“There’s a great deal of positive energy with respect to putting free, prior and informed consent into practice as a process.”

He said Indigenous people should be involved in the development of their land and that he is “optimistic” this will end up making “the idea of a veto meaningless, in the sense that projects will only move forward, where there is that kind of that level of collaborative collaboration between whoever is involved.”

Maan Alhmidi, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Indigenous

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

THE CANADIAN PRESS/Alex Panetta
Economists “cautiously hopeful” for economic recovery in Alberta

Charles St. Arnaud says Alberta’s recovery will rebound along with roll-out of the COVID-19 vaccine

Alberta’s chief medical officer of health Dr. Deena Hinshaw acknowledged that Friday would be one year since the first case of COVID-19 was identified in the province. (photography by Chris Schwarz/Government of Alberta)
Three more Red Deer COVID-19 deaths, 331 active cases in Alberta

Red Deer is down to 362 active cases of the virus

Image curtesy Metro Creative Connection
County of Wetaskiwin addresses unpaid oil and gas taxes

The County of Wetaskiwin is addressing unpaid oil and gas taxes and… Continue reading

file photo
County Council discusses new tax incentives for non-residential properties

County of Wetaskiwin Council discussed new tax incentives for non-residential properties at… Continue reading

Caitlin Kraft, the sister of Jeffery Kraft, stands third from the left, holding a sign calling for the maximum sentence for Campbell, who is charged with manslaughter. (Photo by Paul Cowley)
UPDATED: Judge again rejects submission of 7-year sentence for slaying of Kraft

Tyler John Campbell charged with second-degree murder for December 2019 homicide

Prime Minister Justin Trudeau holds a press conference in Ottawa Friday, March 5, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Trudeau holds firm on premiers’ health-care funding demands, COVID-19 aid comes first

Premiers argue that the current amount doesn’t keep pace with yearly cost increases of about five per cent

Seniors in the 65-unit Piper Creek Lodge are among those waiting for COVID-19 vaccinations. (File photo by Advocate staff)
Central Alberta senior lodges anxiously waiting for COVID-19 vaccinations

“Should be at the front of the line, not the back of the line”

Pictured here is Stettler’s Jenner Smith with a guide dog from Aspen Service Dogs. An online auction will be running soon to help raise funds for Jenner to receive his very own service dog later this year. Jenner, who is four years old, was diagnosed with Autism Spectrum Disorder in 2019. photo submitted
An online auction is planned to raise funds for a service dog for a Stettler family

Jenner Smith, four, was diagnosed with Autism Spectrum Disorder in 2019

Walter Gretzky father of hockey hall-of-famer Wayne Gretzky waves to fans as the Buffalo Sabres play against the Toronto Maple Leafs during third period NHL hockey action in Toronto on Tuesday, Jan. 17, 2017. THE CANADIAN PRESS/Nathan Denette
Walter Gretzky, father of the Great One, dies at 82

Canada’s hockey dad had battled Parkinson’s disease and other health issues

This Dec. 2, 2020 photo provided by Johnson & Johnson shows vials of its Janssen subsidiary’s COVID-19 vaccine in the United States. THE CANADIAN PRESS/AP-Johnson & Johnson via AP
Canada approves Johnson & Johnson’s 1-shot COVID-19 vaccine

It is the 4th vaccine approved in Canada and the 1st that requires just a single dose

(AP Photo/Richard Vogel, File)
Pandemic stress, isolation key factors as to why Canadians turned to cannabis, alcohol

Study found that isolation played key role in Canadians’ substance use

Backcountry skiers are dwarfed by the mountains as they make their way along a mountain ridge near McGillivray Pass Lodge located in the southern Chilcotin Mountains of British Columbia, Tuesday, Jan. 10, 2012. Avalanche Canada has issued a special warning to people who use the backcountry in the mountains of western Alberta and eastern British Columbia. THE CANADIAN PRESS/Jonathan Hayward
Avalanche Canada special warning for mountains in western Alberta, eastern B.C.

Avalanche Canada also says everyone in a backcountry party needs essential rescue gear

A vial of some of the first 500,000 of the two million AstraZeneca COVID-19 vaccine doses that Canada has secured through a deal with the Serum Institute of India in partnership with Verity Pharma at a facility in Milton, Ont., on Wednesday, March 3, 2021. THE CANADIAN PRESS/Carlos Osorio - POOL
Federal panel recommends 4-month gap between COVID vaccine doses due to limited supply

The recommendation applies to all COVID-19 vaccines currently approved in Canada

Most Read