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

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto, Thursday, Jan. 7, 2021. A single dose of Pfizer-BioNTech’s COVID-19 vaccine is barely enough to cover the average pinky nail but is made up of more than 280 components and requires at least three manufacturing plants to produce. THE CANADIAN PRESS/Nathan Denette
COVID-19 immunizations set to begin for age-based cohorts

Eligible seniors can book appointments through a call centre starting Monday, March 8.

Forty-seven vaccination clinics will open across Interior Health beginning March 15. (Canadian Press)
48 COVID-19 vaccine clinics to open across Interior Health

Select groups can book appointments starting Monday

National Lampoon creator Doug Kenney
Booknotes: The uproarious career of the ‘funniest man in the room’

Mike Selby discusses the life and times of National Lampoon creator Doug Kenny

Seniors in the Interior Health region can book their COVID-19 vaccinations starting Monday, March 8, 2021 at 7 a.m. (File photo)
Seniors in Interior Heath region can book COVID-19 shots starting Monday

Starting March 8 the vaccination call centre will be open 7 a.m. to 7 p.m. daily

Interior Health reported 33 new COVID-19 cases on March 5. (Black Press Files)
Interior Health reports 33 new COVID-19 cases on March 5

Over 300,000 vaccine doses have been administered provincewide.

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
‘It’s been a good week’: Tam hopeful on vaccines as pandemic anniversary nears

Tam says the addition of two new vaccines will help Canadians get immunized faster

Const. Allan Young. Photo: Abbotsford Police Department
Manslaughter charge laid in Nelson death of Abbotsford police officer

Allan Young died after an incident in downtown Nelson last summer

The Pfizer-BioNTech COVID-19 vaccine is administered to a personal support worker at the Ottawa Hospital on Tuesday, Dec. 15, 2020 in Ottawa. Doctors in Alberta have signed an open letter asking for prioritized vaccination of health-care staff who work directly with patients on dedicated COVID-19 units. THE CANADIAN PRESS/Adrian Wyld
COVID vaccines for seniors in B.C.: Here’s how to sign up

Seniors 90+, Indigenous seniors 65+ and Indigenous Elders can book starting March 8

(The Canadian Press)
‘Worse than Sept. 11, SARS and financial crisis combined’: Tourism industry in crisis

Travel services saw the biggest drop in active businesses with 31 per cent fewer firms operating

Pictures and notes in from friends and classmates make up a memorial in support and memory of Aubrey Berry, 4, and her sister Chloe, 6, during a vigil held at Willows Beach in Oak Bay, B.C., on December 30, 2017. THE CANADIAN PRESS/Chad Hipolito
Mother of slain daughters supports recent changes to Canada’s Divorce Act

Sarah Cotton-Elliott said she believed her children took a back seat to arranging equal parenting

Victoria man Brett Andersen is asking for people’s help to secure him one of eight free tickets to the moon. (Screenshot/@brettandersen Instagram)
Victoria man wants your help securing a free ticket to the moon

Japanese billionaire offering eight people a trip to the moon

The Conservation Officers Service is warning aquarium users after invasive and potentially destructive mussels were found in moss balls from a pet store. (BC Conservation Officers Service/Facebook)
Aquarium users in B.C. warned after invasive mussels found at pet store

Conservation officers were told the mussels were found in a moss ball from a Terrace pet store.

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Most Read