I recently attended a powerful presentation on the implications of the Kebaowek Federal Court decision. Hosted by the Chiefs of Ontario and featuring lawyer Nick Leeson of Woodward & Company (Nick Leeson | Woodward & Company LLP, the session offered timely and important insights into the evolving implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Canada. We wanted to share highlights from this presentation because it covered essential and thought-provoking information that has direct relevance for First Nations across the country.

At the heart of the conversation was the recent Federal Court decision in favour of Kebaowek First Nation—a groundbreaking case with far-reaching implications for Indigenous rights, consultation, and the United Nations Declaration Act (UNDA).

This ruling has the potential to reshape how governments engage with Indigenous Nations, opening new opportunities for First Nations to assert jurisdiction and advance their own legal frameworks. Here’s what you need to know—and how SVS can support your Nation in navigating this evolving legislative landscape.

What Happened in the Kebaowek Case?

Kebaowek First Nation, an Algonquin community on the shores of Lake Kipawa in Quebec, successfully challenged a federal decision by the Canadian Nuclear Safety Commission for advancing a project without properly considering UNDRIP. Canadian Nuclear Laboratories had applied for regulatory approval to develop a facility to permanently dispose of nuclear waste in Deep River. The Canadian Nuclear Safety Commission granted approval to the proposed Facility. Kebaowek argued that the Commission should have applied UNDRIP to assess whether the duty to consult and accommodate was met, and that the Nation’s consent was required before the Commission could approve the facility.

The Federal Court agreed. It found that the Commission had failed to meet its obligation to align with the standards in UNDRIP.

Why This Matters

This case signals a legal turning point: UNDRIP and UNDA are not symbolic—they are binding. Federal institutions are now expected to meaningfully incorporate UNDRIP into decision-making processes. It is no longer enough to “consult;” Crown governments must aim for Free, Prior and Informed Consent (FPIC).

At the same time, provincial governments are moving in the opposite direction. Ontario’s Bill 5, British Columbia’s Bill 15, and expedited permitting processes in Alberta and Saskatchewan all threaten to undermine meaningful consultation. These trends create legal tension between federal obligations and provincial policy, setting the stage for more legal challenges and reinforcing the need for clear, Indigenous-led governance and legal frameworks.

UNDRIP as a Transformative Legal and Governance Tool

The Kebaowek ruling reminds us that UNDRIP is more than a standard for governments to meet—it’s a lens that Indigenous Nations can use to reframe legal, environmental, and political challenges on their own terms.

UNDRIP affirms that First Nations have the right to self-determination, including the authority to make decisions using their own governance systems and laws (see Articles 3, 4, 5, 18, and 27). Section 35 of Canada’s Constitution recognizes Indigenous rights, but UNDRIP expands how these rights can be interpreted, moving away from colonial frameworks and toward legal pluralism that respects Indigenous legal orders.

So, What Can First Nations Do?

The takeaway is clear: assert your rights, your laws, and your frameworks—now.

1. Develop and Apply Indigenous Legal Protocols

• Build and implement Nation-specific laws, policies, and governance systems.
• Examples include land codes, land use plans, water laws, consent, and FPIC protocols.
• These laws do not need to be written down—they can be upheld through oral traditions, in keeping with your Nation’s customs and governance.

2. Reframe Consultation Around Consent

• Shift the conversation from “consultation” to “consent” and “shared decision-making” and FPIC.
• Define your own consultation standards—ones that reflect your laws, culture, and priorities.
• Require recognition of your legal orders in all engagements with the Crown and proponents.

3. Institutionalize UNDRIP Internally

• Use UNDRIP to guide your own governance, program delivery, and external negotiations.
• Reference UNDRIP in Band Council Resolutions, community policies, land and water governance, and legal assertions.
• Align your Nation’s operations with FPIC and the broader goals of self-determination.

4. Challenge Regressive Legislation

• Strategically respond to provincial policies that violate the spirit of UNDRIP.
• Highlight federal obligations under UNDA and push for policy alignment.

How SVS Can Support Your UNDRIP Journey

At Shared Value Solutions (SVS), we’ve been honoured to support First Nations across the country in exploring what UNDRIP means to them—and in taking concrete steps to bring its principles to life in their communities. From early conversations about self-determination to implementing community-driven legal frameworks, we work alongside Nations to support the full realization of their Indigenous rights. Our services related to UNDRIP include:

• Facilitating inclusive community engagement and consultation processes that reflect cultural values and ensure community voices shape decision-making.

• Supporting UNDRIP and UNDA implementation planning, including strategic frameworks to embed self-determination, consent, and Indigenous legal orders across governance systems.
• Developing consent and FPIC protocols grounded in traditional governance practices and Indigenous laws.
• Assisting with community-led law-making and policy development, whether articulated through written frameworks or oral traditions.
• Providing strategic advice to help Nations navigate federal and provincial laws, policies, and regulatory environments.
• Embedding UNDRIP principles across Nation-led projects and operations, including environmental management, land use planning, economic development, and more.

Whether you're developing a land use plan, asserting your jurisdiction, or navigating consultation processes, SVS works alongside your Nation to ensure UNDRIP principles are meaningfully and consistently put into action.

Final Thought

The Kebaowek decision is a powerful reminder that the legal landscape is shifting. First Nations are not passive participants in this change—they are leading it. Now is the time to assert jurisdiction, build legal capacity, and reframe consultation in a way that upholds Indigenous rights and transforms relationships with the Crown.

As your Nation leads the way in implementing UNDRIP and exercising its inherent governance, SVS is here to offer strategic support grounded in respect for your laws, knowledge, and priorities.

Let’s talk: https://sharedvaluesolutions.com/contact/

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About Us: Shared Value Solutions

We are an Canadian B Corp, and we assist Indigenous communities with support throughout regulatory processes surrounding major development projects like mines, hydroelectric facilities, transmission lines, highway expansions, oil and gas pipelines, natural resource transport applications and nuclear power. 

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