Letter: A Reader Questions Ottawa's 'Where Appropriate' Qualifier on Indigenous Consent
Bill Noll asks whether NRCan's consent wording narrows an obligation UNDRIP states plainly, and whether it warrants further examination.
LETTER TO THE EDITOR
Dear Editor,
I recently read your excellent article regarding the federal government’s challenge to the Saugeen Ojibway Nation’s (SON) position on consent/approval for nuclear projects within its territory.
One statement by NRCan in particular caught my attention:
“Whenever a new nuclear development is proposed that could adversely impact Indigenous constitutional rights, the Crown’s duty to consult and, where appropriate, accommodate Indigenous peoples comes into effect.”
I am curious about the phrase “where appropriate.”
Why is this qualifier included?
Article 32(2) of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) states:
“States shall consult and cooperate in good faith with the Indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources...”
I do not see the words “where appropriate” anywhere in the Declaration. NRCan’s inclusion appears to narrow or qualify what many people understand to be a broader obligation under UNDRIP.
Is the federal government relying on legal terminology that differs from the language and intent of the Declaration? If so, I believe this is an important issue that deserves further public discussion, particularly as Canada advances major nuclear projects that may affect Indigenous rights and interests.
I would be interested in your thoughts on this issue and whether it may warrant further examination by the Owen Sound Current.
Thank you for your excellent reporting on this important subject.
Below is an extract from the United Nations declaration of the rights of Indigenous peoples and a comment on how the CNSC views the meaning of the word “shall.”
Bill Noll
Past co-chairman of Protect our Waterways No Nuclear Waste in South Bruce
Stittsville
Letters to the Editor do not necessarily reflect the opinions or beliefs of The Owen Sound Current and its editor or publisher.