Determining Access: Theory and Practice in Implementing Indigenous Governance over Lands and Resources


Indigenous nations in the interior of British Columbia and elsewhere are seeking to implement their own governance systems to express their consent or dissent to resource development effectively. Determining Access is aimed at supporting the development of Indigenous resource and territorial governance. It will do so by facilitating an exchange of knowledge and experience; fostering networks; identifying priority research areas; and building relationships to support further collaborative research.


Determining Access builds on two previous successful think tank meetings on developing Indigenous territorial goernance with the Secwepemc (2012) and the Tsilhqot’in (2014), organized by members of this proposal’s project team. Determining Access will reinforce existing and develop new relationships between the project team and the further collaborative work with these nations and related funding applications.


Access to natural resources in Canada requires the active participation of Indigenous peoples. Before Tsilhqot’in Nation v British Columbia, 2014 SCC 44, governments were required to consult Indigenous peoples about resource development on lands over which they claimed title or rights (Haida Nation v British Columbia, 2004 SCC 73). After Tsilhqot’in Nation, and where Aboriginal title has been declared or recognized, the Canadian law ordinarily requires Indigenous peoples to give consent to resource development on the lands covered by their Aboriginal title. In addition, international human rights instruments and multilateral environmental agreements have created frameworks for resource development that require Indigenous consent and participation mandated by law, however, have not yet been articulated or recognized in Canadian law.


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Feb 15, 2016 at 9:00 AM - 12:15 PM

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