Tag Archives: UNDRIP

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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WIPO Expert Committee on Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Takes Another Look at Draft Genetic Resources Text in 2018

You can find my reflections on the 34th Session of WIPO here and here.    For the 35th time in 18 years, experts have yet again gathered at the World Intellectual Property Organization (WIPO) headquarters in Geneva where they are scheduled to remain in deliberation between March 19 and 23, 2018. This meeting of the…
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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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ABS and TK Governance Implications of Environmental Assessment Act Review

By Chidi Oguamanam, Andrea Lesperance, and Chris Koziol In June 2016, the Government of Canada launched a comprehensive review of federal environmental and regulatory processes, including a review of federal environmental assessment processes under the Canadian Environmental Assessment Act, 2012. One stated reason for this review was that to better include the voices and perspectives…
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