Tag Archives: indigenous peoples

Trans Mountain Pipeline: “Getting It Right” Means More Time

Image by William Chen via Wikipedia (CC BY-SA 4.0)   The Federal Court of Appeal recently overturned Ottawa’s approval of the Trans Mountain pipeline expansion, citing a lack of proper consultation with affected Aboriginal peoples, as required under Section 35 of the Constitution Act, 1982. The duty to consult Aboriginal peoples and accommodate their concerns arises…
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Kinder Morgan: Beyond the Division of Powers Debate – Indigenous Rights at the Crux

Image by Mark Klotz via Flickr (CC BY 2.0)   The current debate over the Kinder Morgan pipeline expansion reads like a high stakes action movie. It is like a ticking time bomb ready to detonate on May 31st , the date Kinder Morgan has threatened to terminate the entire expansion project unless two conditions are met…
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Traditional Knowledge in National Energy Board Consultation and Environmental Assessments

The Federal Government’s recent Discussion Paper on modernizing the National Energy Board (NEB) and incorporating Indigenous Traditional Knowledge (TK) into the Environmental Assessment process raises a number of important questions. Chief among these is how the federal Crown perceives its duty to consult Indigenous nations where their rights may be infringed. From a decision-making standpoint,…
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Intellectual Property Rights and Indigenous Traditional Knowledge: A WIPO Guide

The World Intellectual Property Organization recently published an introductory guide to intellectual property for Indigenous peoples and local communities. The full publication can be found here. This post briefly highlights key elements of the report, and points out areas where conventional, Western IP approaches remain inadequate to the task of protecting and preserving Indigenous traditional…
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