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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.