Making Space for Free, Prior, and Informed Consent in Canada – First Peoples Law LLP

April 9, 2026

While the principle of Free, Prior, and Informed Consent (FPIC) has gained traction in Canadian law since the passage of the federal United Nations Declaration on the Rights of Indigenous Peoples Act in 2021, uncertainty remains about how FPIC applies in practice.

Recent court decisions confirm that the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the interpretive lens to be applied when determining if Canada has fulfilled its legal obligation to consult Indigenous peoples prior to making decisions that affect their lands and rights. UNDRIP is the measuring stick for honourable Crown conduct. However, these same decisions found UNDRIP does not create new substantive rights or obligations on the Crown.

Read More: https://www.firstpeopleslaw.com/public-education/blog/making-space-for-fpic