Decolonizing the Natural Resource Sector: Implementing Free, Prior, and Informed Consent for a Sustainable Future

Full report on actioncanada.ca

Canada’s natural resources sector is at a turning point, shaped by growing recognition of Indigenous rights and the urgent need for sustainable development. Central to this transformation is the principle of Free, Prior, and Informed Consent (FPIC), as outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

This report explores the challenges of FPIC implementation, including legal complexities, governance capacity gaps, and jurisdictional inconsistencies. It highlights opportunities for collaboration and presents actionable recommendations to align legislation with Indigenous governance, strengthen consultation processes, and promote sustainable resource management.

FPIC is not merely a legal obligation but a framework to foster trust, mitigate conflict, and unlock shared prosperity for Indigenous and non-Indigenous communities alike. By embedding FPIC into policy and practice, Canada can advance reconciliation, strengthen environmental stewardship, and ensure a more equitable and sustainable future.

The recommendations are:

Update Federal and Provincial Legislation to Align with UNDRIP
1a. Amend and implement legislation that explicitly respects the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
1b. Reject the Doctrine of Discovery and recognize Indigenous sovereignty in federal and provincial laws.
1c. Enact Indigenous land rights recognition and treaty implementation acts to support fair and equitable treaty relationships.

Mandate FPIC
2a. Establish FPIC as a legal standard for project approvals impacting Indigenous lands, territories or resources.
2b. Amend resource management legislation to include explicit FPIC provisions and enforce penalties for non-compliance.
2c. Support Indigenous Nations in developing FPIC protocols and governance frameworks.

Facilitate Land Restitution and Resource Management Reform
3a. Implement programs for land restitution and create tribunals with binding authority to resolve land disputes.
3b. Modernize laws governing natural resources to incorporate Indigenous knowledge systems and decision-making processes.
3c. Ensure revenue-sharing agreements that benefit Indigenous Nations for projects conducted on their lands.

Enhance Indigenous Governance Capacity and Community Development
4a. Provide funding for capacity-building programs, governance planning and infrastructure development.
4b. Develop mechanisms to support Indigenous Nations in enacting governance models independent of the Indian Act.
4c. Address economic and infrastructure barriers to sustainable development and self-determination.

Mechanisms for Collaboration, Monitoring and Compliance
5a. Form Indigenous-led regional working groups where Indigenous Nations collaborate to clarify rights and align priorities.
5b. Train government and industry staff on FPIC principles, Indigenous governance, traditional knowledge and cultural protocols.
5c. Develop transparent monitoring and compliance mechanisms to track legislative implementation and progress.