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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.
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.
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.
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.
The takeaway is clear: assert your rights, your laws, and your frameworks—now.
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:
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.
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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Jessica Steiner, MA
Driven by a passion for Indigenous rights and the preservation of communities’ cultural ties to sustainable lands and resources, Jessica is committed to advancing Indigenous self-determination.
Jessica specializes in Indigenous engagement and consultation for major infrastructure development projects predominantly in Canada’s energy and mining sectors. With a wealth of experience spanning over a decade in conducting Indigenous Knowledge and Land Use Studies, Jessica is highly skilled and proficient in community-based research, GIS and mapping, data management, and crafting comprehensive reports. Her work helps protect the Aboriginal and Treaty Rights of her clients as they relate to lands, resources, and culture.
More recently, Jessica has directed her expertise towards supporting Indigenous communities in advancing their goals and objectives, in relation to implementing the United Nations Declaration on the Rights of Indigenous People (UNDRIP).
Reach out to Jess: (226) 706 8888 ext. 216 |
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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.
We have deep context and experience behind the recommendations we provide, having worked for our clients on almost every major project in Canada over the last 10 years. For us, it’s all about building long-term relationships with our clients. We want to get to know you and what you want to do so we can help you move your plans forward.