POL101Y1 Lecture Notes - Lecture 11: Informed Consent, Indian Act, First Nations
Document Summary
Courts started to recognize indigenous have rights derived from treaties and prior occupancy. Un declaration on the rights of indigenous people (undrip) Four countries, including canada, voted against it. Canada reversed its position in 2016, declaring support for the declaration. Undrip includes the principle of free prior and informed consent. Duty to let people know what their plan is, and to get feedback, then go ahead and build pipeline. Requiring corporation get bided by indigenous communities whose land will be affected. Could be made more robust by free prior informed consent as part of the un declaration. Clause more strongly worded (uses word consent instead of consult) But the declaration is not legally binding on any country, as it is an international declaration not binding on country"s domestic law. Not applied to parliament, usually used for companies. Underscores the broad range of injustices characterizing relationship between canadian state and. Recognition can be an important paradigm of redress.
