On September 13, 2007, the United Nations General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). However, 15 years later, Quebec has still not implemented it.
The main obstacle to its implementation is, in our opinion, an erroneous interpretation of UNDRIP, concerning the obligation to obtain the consent of indigenous peoples. However, this undermines the participation of Aboriginal peoples in sustainable development and does not represent the will of many companies that favor Aboriginal partnerships.
UNDRIP was negotiated by states and indigenous peoples over twenty years and recognizes “minimum standards necessary for the survival, dignity and well-being of indigenous peoples”.
Founded on customary international law obligations and treaties to which Canada is a party, UNDRIP enjoys strong international consensus and strong attachment among Indigenous peoples in Canada, whose involvement has been instrumental in its drafting and adoption.
The Truth and Reconciliation Commission of Canada, the National Inquiry into Missing and Murdered Indigenous Women and Girls, and the Viens Commission have recognized the importance of UNDRIP and recommended its implementation.
British Columbia and Canada have adopted laws to this effect, and the National Assembly of Quebec has also declared itself unanimously more than once in favor of its implementation, but Quebec remains concerned about the fact that economic development in would suffer.
Prime Minister François Legault fears that UNDRIP will confer a right of veto on economic development projects, which led him to oppose the federal implementation law in 2021. We respectfully invite it to adopt an approach that better reflects the reality between the industry and the Aboriginal communities, which would support the establishment of constructive relations between Quebec and the Aboriginal peoples.
UNDRIP sets out the obligation to consult with Indigenous peoples to obtain their Free, Prior and Informed Consent (FPIC) to projects that affect their rights. The content of the consultations adapts to the circumstances and leads to variable results, such as the mutual acknowledgment that a project is impossible or the addition of communities as partners.
The right of veto is of a completely different nature. It involves being able to object at any time, regardless of any negotiations that may have taken place, such as throwing a “joker” card. However, the indigenous peoples would not obtain such a wild card. Rather, the concept of consent in UNDRIP is a rebalancing of forces so that the interests and will of Indigenous communities are more reflected in government approvals.
Many industry sectors support UNDRIP and FPIC. For example, the Mining Association of Canada and the Quebec Mining Association advocate partnerships and the effort to obtain FPIC, notably in the Protocol “Towards Sustainable Mining Development” and acknowledge its source in the UNDRIP.
Two-thirds of the commercial forest area of Quebec is certified according to the new Canadian FSC standard, committing most of the large Quebec forestry companies to this path. An FSC guide on FPIC supports them.
The Equator Principles adopted by Canadian banks and EDC, the United Nations Global Compact, the World Bank and the International Finance Corporation also demonstrate the existing commitment to FPIC. In addition, several international investors monitor the performance of companies in this regard.
Moreover, more generally, today we see greater Aboriginal-non-Aboriginal collaboration in the business community. During the Great Economic Circle organized by Quebec and the AFNQL in November 2021, several companies signed the Declaration for the full participation of Indigenous Peoples in the Quebec economy.
We also see this participation in the field, particularly with the Hertel-New York interconnection line (Hydro-Québec/Kahnawà:ke), the Innavik hydroelectric partnership (Innergex/Inuit), the Mesgi’g Ugju’s’n wind farm ( Innergex/Mi’gmaq), the Kruger Énergies and Kahnawà:ke wind power partnership, and the Apuiat project (Boralex/Innus). Many other Aboriginal/non-Aboriginal joint ventures participate in the development of Quebec in Nunavik, particularly in Eeyou-Istchee-Baie-James and on the North Shore.
For Quebec, implementing UNDRIP would demonstrate its shared jurisdiction in the implementation of international instruments and its commitment to international law. Moreover, UNDRIP would provide a fundamental framework for lasting partnerships and reduce the risk of lengthy and costly lawsuits, since communities would be involved from the earliest stages.
In order to move towards sustainable economic development respectful of indigenous peoples, let us implement the UNDRIP.
* The full list of signatories:
François Dufresne, President (FSC Canada)
Derrick Neeposh, Chairman (Cree Nation Government Board of Compensation / CREECO)
Isabelle Napess, General Manager (Ekuanitshit Group)
Joëlle Perron-Thibodeau, lawyer (Dionne Schulze)
Paul MacLean, CEO. and Founder (ÉEM Environmental and Social Impact Ltd.)
Ricky Fontaine, Chartered Administrator
Karine Awashish, co-founder (Coop Nitaskinan)
Suzann Méthot, Nordic Relations Advisor
Léa Lemay Langlois, lawyer (Dionne Schulze)
Eric Deschênes, entrepreneur
Jonathan Grenier, co-founder (Ungava Polar Eco-Tours)
Alice Chipot, Director (Grouping for Corporate Social Responsibility)
Jonathan Brun, CEO (Nimonik Ltd)
Cédric Bourgeois, President, Founder and Partner (Environment and Society Transfer)
Me Wina Sioui, lawyer/mediator/facilitator, specialized in law relating to First Peoples
Denis Coderre, 44th mayor of Montreal and former federal government minister
Rose Victoria Adams, lawyer (Dionne Schulze)