Can Canada’s fast-tracking laws avoid the mistakes of the past? – The Narwhal

June 12, 2025

Legal experts say a botched rollout could trash years of hard-won trust between Indigenous leadership and the Crown — and spark litigation

It’s been two decades since the Supreme Court issued a pair of judgements that affirmed Canada’s “duty to consult” Indigenous Peoples beyond giving them a chance to “blow off steam.”

Since then, Canada’s courts have continued to sketch out the legal contours of Indigenous Rights, one decision at a time — like when they found government consultants must act as more than mere “note-takers” in a case involving the Trans Mountain oil pipeline, or must respect the principle of “free, prior and informed consent” in another about a nuclear waste dump.

The message from these and many other cases is clear: Indigenous Peoples cannot simply be told about projects happening in their territories as an afterthought, or have their concerns brushed aside. They must have the space, time and resources to control their own destiny, as “full partners in Confederation.”

Read More: https://thenarwhal.ca/indigenous-consultation-fast-track-laws/