Consultation vs. Consent: Understanding the Difference in Indigenous Economic Development – ICC
Legal Obligation vs. Decision-Making Power
Understanding the key differences is essential for governments, corporations, and communities alike, especially for those who wish to be actively involved in Indigenous economic development. These concepts form the foundation of how development projects interact with Indigenous peoples, especially when it comes to land, resources, and governance.
Consultation refers to the legal obligation of governments (and sometimes industry) to engage with Indigenous communities when a project may impact their rights or territories. In Canada, this duty stems from Section 35 of the Constitution Act, 1982, which recognizes and affirms Indigenous and treaty rights. The courts have clarified that consultation must be meaningful, carried out in good faith, and tailored to the severity of the potential impact.
