2013 - English - Practical
Human Rights, Indigenous Peoples and the Conce…
This paper discusses various contemporary issues surrounding human rights, Indigenous peoples and their relationship with the extractive industries, focusing on the Brazilian context.
2016 - English - Technique
Proponent-Indigenous agreements and the implem…
Focusing on the Canadian context, this article discusses the roots and implications of a proponent-driven model for seeking Indigenous consent to natural resource extraction on their traditional lands. Building on two case studies, the paper argues that negotiated consent through IBAs offers a truncated version of FPIC from the perspective of the …
2011 - English - Practical
Annishinabek Minerals and Mining Community Eng…
The Anishiabek Nation supports and expresses concerns with recent changes to the Ontario Mining Act. Changes did not go for enough in recognizing Indigenous rights to land; free, prior, and informed consent; funding to build capacity; and protection of cultural sites. These engagement sessions allowed voices of Anishinabek to be heard by the Gover…
2009 - English - Practical
Below the Surface: Anishinabek Mining Strategy
This document was produced by the Union of Ontario Indians, to describe the community engagement strategy they used to share information about the Ontario Mining Act with their communities and to gain feedback. From this consultation process, a number of key issues emerged including concern for the environment, capacity of Indigenous communities, …
2013 - English - Technique
Including Future Generations in Environmental …
This thesis dissertation discusses the inclusion of the concerns of future generations in the negotiation processes of Impact-Benefit Agreements (IBAs) and Environmental Assessments (EA), as being important to Aboriginal participation in resource development projects. The author develops a series of criteria for alternative dispute resolution (ADR…
2013 - English - Academic
Justified Infringement - A Minimal Impairment …
Free, Prior, and Informed Consent (FPIC) is an Indigenous right that has been infringed upon by the Canadian legal system. A notable case is presented where the Supreme Court of Canada’s Sparrow decision laid out a case law in which Aboriginal title was overstepped. To honour obligations to Indigenous peoples, the Crown should adopt the standard o…