PECKFORD -- The BC legislature passed a law, harmonizing the UN Declaration with BC Law, in November 2019 ... this would now likely conflict with existing Canadian law regarding consent
Signing of the 1982 Constitution Act The 1982 Constitution Act, Section 35, established the ground work for modern day interpretation of Aboriginal Rights and Title on non treaty land, much of which is in British Columbia. Flowing from this Section 35 various Aboriginal groups went to court to determine its meaning. Several important Supreme Court of Canada (SCoC) decisions interpreted the section to mean that any new development on land claimed by aboriginal groups as their traditional territory required meaningful consultation and accommodation with the aboriginal group. Hence, any proponent wanting to conduct any type of development on the traditional land must first sit down with the aboriginal group in question, meaningfully consult with them and accommodate as far as possible their concerns. This often led to agreements between the parties that provided employment and other benefits flowing out of the agreements to the aboriginal group. By ...