Indigenous People’s Free, Prior and Informed Consent
Local C-2059, Pavillon, Lionel-Groulx, Université de Montréal, sur invitation.
Atelier fermé organisé par le CRIDAQ en collaboration avec la Fondation Pierre Elliot Trudeau et le Centre de recherche sur les politiques et le développement social.
Résumé
The UN Declaration on the Rights of Indigenous Peoples recognizes, most notably in sections 19 and 32, that governments must consult and cooperate in good faith with Indigenous peoples in order to obtain their free and informed consent prior to the adoption of policies or the approval of any project affecting their lands or territories. Since its recognition by the UN, the principle of free, prior and informed consent has influenced the discourses and practices of the different actors involved in development projects situated on Indigenous lands, be they Indigenous organizations, project proponents, activists, etc. However, the meaning and practical consequences of this principle are less than clear, especially in the Canadian context where the Supreme Court of Canada has, until recently, emphasized the need for the Crown to consult Indigenous peoples rather than to seek their consent. The relationship between the UN’s FPIC principle and Canada’s duty to consult remains unclear.
