A/HRC//18/42 protection of the interests of traditional Aboriginal owners of, and other Aboriginals interested in, Aboriginal land in the area of the Council” and “promote effective consultation with the traditional Aboriginal owners of, and other Aboriginals interested in, Aboriginal land in the area of the Council”. Under section 45, a mining interest may not be granted in respect of Aboriginal land unless an agreement has been reached between the Aboriginal land council and the intending miner. 68. Canadian courts have established a duty to consult and accommodate indigenous peoples in relation to activities that can affect them, including the development of forest areas.52 Moreover, during the consultation the indigenous people must be fully informed so that they properly understand what is being proposed. Where there is a serious impact on the rights of indigenous peoples, consent must be obtained.53 69. Canadian courts have also ruled that acts interfering with aboriginal and treaty rights must be justified and, to be justified, the Government must consult with the relevant indigenous peoples. E. Participation in regional and international forums and processes 70. The Guidelines on Indigenous Peoples’ Issues of the United Nations Development Group are an important example of the mainstreaming and integration of indigenous peoples’ issues in the United Nations system, including in operational activities and programmes at the country level. The Guidelines, designed with the input of the Permanent Forum on Indigenous Issues, sets out broad, normative policy and operational frameworks for implementing a human-rights based and culturally-sensitive approach to development for and with indigenous peoples. The Guidelines also contain a list of resources on good practices and lessons learned in programming on indigenous peoples’ issues.54 71. The annual Asia regional preparatory meetings to devise strategies and plans of action in relation to the various United Nations mechanisms and procedures as well as other relevant international bodies and agencies, organized by the Asia Indigenous Peoples Pact with the active participation of self-selected representatives of indigenous peoples, 52 53 54 18 Council of the Haida Nation v British Columbia [2004] SCC 73 and Taku River Tlingit First Nation v Minister of Forests [2004] SCC 74. See, also, Government of Canada Indigenous Peoples and the Right to Participate in Decision Making: A Submission by the Government of Canada to the UN Expert Mechanism on the Rights of Indigenous Peoples (July 2010). Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010, para. 168. Available from www.undg.org/index.cfm?P=270.

Select target paragraph3