Across Canada a new approach to mine permitting is emerging that involves consensus-seeking and consent in the context of project assessment, decision-making and agreement making. This new approach is reflected in formal changes to the EA process (BC, Federally) and in an informal requirement for consent (Ontario). This approach has its roots in the UN Declaration. When the UN Declaration was first adopted by the United Nations in 2007, Canada resisted, concerned about the uncertainty regarding the requirement for consultation to obtain “free, prior, and informed consent” (or FPIC) from Indigenous peoples before making certain decisions that may affect them or their traditional territories. There was, and remains, a fear amongst some that FPIC is an Indigenous “veto” on Crown decision-making that is inconsistent with the legal structures around consultation, rights and title that have grown out of jurisprudence grounded in section 35 of the Constitution Act, 1982. With governments now embracing the UN Declaration, legislation has been enacted which brings the UN Declaration into the laws of British Columbia law and Canada.
This panel will deal with the following subjects:
- The status of the implementation of the UN Declaration in domestic Canadian law
- Legal (and informal) requirements for consensus-seeking and consent across Canada
- Pivot from consultation to consensus- and consent-seeking in the regulatory process for mining projects
- Consent agreements as a tool for advancing reconciliation, attracting investment consistent with robust environmental, social and governance (ESG) standards, and facilitating increased predictability in terms of the project approval process
Speakers
Guest Speaker
- Norman Fraser, Senior Lead Indigenous & Community Affairs, Teck
Agenda
- 7:30 - 8:00 ET Registration and Breakfast (for in person attendees)
- 8:00 - 9:00 ET Seminar and Q&A
Cost
This seminar is complimentary
Type
This is a hybrid event. You may attend in-person in Fasken's Toronto office or by webinar
This program contains a total of 14 sessions for a total of 16.5 hours of accredited content for the purposes of the Law Society of British Columbia’s annual Continuing Professional Development (CPD) requirements. The programmes, Indigenous Community Engagement in a Changing World and The Future of Workplace Equity, Diversity and Inclusion Initiatives, contain 3.0 hours of accredited professional responsibility and ethics content for the purposes of the Law Society of British Columbia’s annual Continuing Professional Development (CPD) requirements. The session has been loaded as part of a series, titled "Fasken’s 2024 Mining Webinars – March 2024" and will be available for claiming through the LSBC CPD website as of March 6, 2024.
A confirmation of participation will be sent to you for your continuing education hours with the Barreau du Québec.
For CPD/CLE in other jurisdictions, please contact your local Law Society.
Event contact
Joyce Ng Marketing Events Specialist +1 416 943 8894jng@fasken.com
