Operationalizing Indigenous Consent through Land-Use Planning /

One of the main drivers for the modernized approach is “evolving relations with Indigenous peoples.”7 The BC government has presented this approach as one that will be jointly designed and de- livered by the province and Indigenous governments, with an emphasis on UNDRIP and the Calls to Action of the Truth and Reconciliation Commission.8 Is land-use planning a viable and useful approach to operat [...] Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and free- doms of others and for meeting the just and most compelling requirements of a democratic society.22 In effect, this clause is a form of limitation on how the rights expressed in UNDRIP may be implemented and exercised — an expression of how [...] Similarly, in addition to self-determination and the inherent right of self-government, UNDRIP emphasizes the importance of respecting the representa- tive institutions of Indigenous peoples and the roles they must play. [...] This situation began to shift because of several factors including high-profile land and resource disputes, changing environmental values and realities, the increasing e vidence of the strength and importance of Indigenous rights, and concerns about the allocation of land and resource tenures and approvals to third parties. [...] In several of its Calls to Action, the Truth and Reconciliation Commission emphasized the importance of the full participation, con- sent and involvement of Indigenous peoples in the development and implementation of measures to address the legacy of residential schools.