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 Salmon Arm Economic Development Society released a video on Feb. 22, 2021 promoting agriculture and food production in Salmon Arm and the Shuswap. (SAEDS image)
New video promotes Salmon Arm staples of agriculture, food production

Three-minute video from economic development featuring local producers receives appreciative reviews

Larch Place is the first building to be built in the BC Housing, Canadian Mental Health Association housing project at the corner of Third Street SW and Fifth Avenue SW. This view is from the Shuswap Street side where it sits behind the Graystone East building. (File photo)
Opening of doors at new housing development in Salmon Arm welcomed

BC Housing announces opening of 32 rental units, with 35 more expected in summer 2021

Calls for potential overdoses in B.C. spiked in 2020, especially in the Okanagan - Shuswap. Pictured above is a BCEHS re-enactment of paramedics attending an overdose. (BCHES photo)
UBCO program increases drug checking availability in Kelowna, Penticton, Vernon

January 2021 data shows of 95 opioid samples tested across Interior Health, 93 contained fentanyl

Youth from Vernon, Kelowna, Penticton and the Kootenays were able to dig into two evenings of online learning and connection through United Way Southern Interior B.C.’s <CODE>anagan program. (Submitted)<code> </code>
CODEanagan gives youth a chance to learn about technology

The youth, aged 12 to 21, built their own WordPress sites and developed blogging ideas

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature. (B.C. government)
B.C. reports 10 additional deaths, 395 new COVID-19 cases

The majority of new coronavirus infections were in the Fraser Health region

One person was extricated from a vehicle that rolled off Highway 97 Feb. 25, 2021, near Clerke Road in Coldstream around 2 p.m. (Roger Knox - Vernon Morning Star)
Two hurt in Highway 97 rollover south of Vernon

Ambulance transfers two patients with non-life-threatening injuries

The BC Prosecution Service announced last year that it was appointing lawyer Marilyn Sandford as a special prosecutor to review the case, following media inquiries about disclosure issues linked to a pathologist involved in the matter. (Black Press Media files)
Possible miscarriage of justice in B.C. woman’s conviction in toddler drowning: prosecutor

Tammy Bouvette was originally charged with second-degree murder but pleaded guilty in 2013 to the lesser charge

A puppy stolen from a West Kelowna residence has been reunited with its family. (Kelowna RCMP)
Stolen puppy reunited with Central Okanagan owners

A happy ending; puppy stolen from West Kelowna vehicle found in Kelowna, returned to family

A kid in elementary school wearing a face mask amid the COVID-19 pandemic. (Metro Creative)
Union asks why an elementary school mask rule wouldn’t work in B.C. if it does elsewhere

B.C. education minister announced expansion of mask-wearing rules in middle, high school but not elementary students

A pharmacist prepares a COVID-19 vaccine at Village Green Retirement Campus in Federal Way on Jan. 26. (Olivia Sullivan/Sound Publishing)
Canada approves use of AstraZeneca’s COVID-19 vaccine

The country joins more than a dozen others in giving the shot the green light

Veteran Vernon radio announcer Frank Martina is returning to the local airwaves with his popular Saturday Classics show, which will run from 1-4 p.m. on Vernon’s new community station Valley FM, set to launch in the fall of 2021. (Morning Star - file photo)
Vernon radio announcer returning to airwaves

New community station Valley FM reaches deal with Frank Martina to air his Classics show

A new survey has found that virtual visits are British Columbian’s preferred way to see the doctor amid the COVID-19 pandemic. (Unsplash)
Majority of British Columbians now prefer routine virtual doctor’s visits: study

More than 82% feel virtual health options reduce wait times, 64% think they lead to better health

Carolyn Howe, a kindergarten teacher and vice president of the Greater Victoria Teachers’ Association, says educators are feeling the strain of the COVID-19 pandemic and the influx of pressure that comes with it. (Nina Grossman/News Staff)
Stress leave, tears and insomnia: B.C. teachers feel the strain of COVID-19

Teachers still adjusting to mask and cleaning rules, pressures from outside and within

Most Read