B.C. UNDRIP law a big step, but not necessarily big change for mining
B.C.’s new law on living up to the UN Declaration on the Rights of Indigenous Peoples is a big development, but it shouldn’t change much about how mining exploration happens in the province.
Caul said many Indigenous communities have been working hard to determine their own mechanisms for dealing with questions of consent before signing agreements. “I think we’re all going to be really, really proud of down the road,” Johnston said. “Right now, there is a lot of uncertainty about how it’s going to be implemented and what it’s going to mean for industry.”
However, where mineral exploration work is concerned, the vast majority of companies have already clued in to the need for building relationships with Indigenous communities before they start, said Sharon Singh, a lawyer in resource law with Bennett Jones. That would include demands for payment before a First Nation will enter into discussions, which an early-stage exploration company might not be in the position to pay.
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