c o l l a b o r a t i v e c o n s e n t i s p a t h t o g ......gi`fi`kp% efn `k `j k`d\ kf yi`e^...
TRANSCRIPT
9/18/2017 Collaborative consent is path to govern according to UNDRIP | Vancouver Sun
http://vancouversun.com/opinion/op-ed/collaborative-consent-is-path-to-govern-according-to-undrip 1/6
R O S I E S I M M S
O L I V E R M . B R N D E S
M E R R E L L - A N N P H A R E
M I C H A E L M I L T E N B E R G E R
Published on: September 17, 2017 | Last Updated: September 17, 2017 10:00 PM PDT
Collaborative consent is path togovern according to UNDRIP
9/18/2017 Collaborative consent is path to govern according to UNDRIP | Vancouver Sun
http://vancouversun.com/opinion/op-ed/collaborative-consent-is-path-to-govern-according-to-undrip 2/6
Premier John Horgan enters the legislature for a swearingin ceremony surrounded by members of the Nisga'a First
Nation in February. C H A D H I P O L I T O / T H E C A N A D I A N P R E S S
In an era of conflict around pipelines, newhydropower dams, and developments of all sorts inIndigenous traditional territories across B.C., wewelcome the premier’s Sept. 6 announcement that,going forward, B.C. will be governed according to theUnited Nations Declaration on the Rights ofIndigenous Peoples (UNDRIP).
Beyond good intentions, the urgent need to build a di�erent trajectory
forward is clear: trends in the Supreme Court from three important cases
originating from B.C. (Delgamuukw, Haida Nation, and Tsilhqot’in Nation)
only reinforce this, emphasizing that decisionmaking without the consent of
Indigenous nations comes at a high cost and with significant risks. The
current system of consultation and accommodation is not working. It is
9/18/2017 Collaborative consent is path to govern according to UNDRIP | Vancouver Sun
http://vancouversun.com/opinion/op-ed/collaborative-consent-is-path-to-govern-according-to-undrip 3/6
based on the premise that it can be acceptable to infringe Indigenous rights
and does not embrace Indigenous governments as partners in the
governance of Canada.
The premier’s announcement certainly signals a step in the right direction.
But what would it truly look like — and what changes would be required — to
realize UNDRIP as well as commitments to reconciliation and equitable and
just nationtonation relationships with Indigenous nations? Fortunately for
the B.C. government, our team at the Centre for Indigenous Environmental
Resources and the University of Victoria’s POLIS Water Sustainability Project
has researched the details of this critical shift. In a report, soon to be
released, we present the options and a viable path forward through the
process of collaborative consent.
Collaborative consent is a mutual consent process: it is about governance
and changing how decisions are made. It is like cooperative federalism —
where federal, territorial, and provincial governments work together
institutionally on matters of shared importance and concern — but goes
further by embracing the critical role of Indigenous nations as full partners in
building Canada’s future. With collaborative consent, Indigenous and non
Indigenous governments commit to working together with a goal of
achieving each other’s consent to decisions, policies, and plans.
Collaborative consent involves longterm processes requiring all
governments to build structures and new institutions to engage in share
decisionmaking.
Collaborative consent (like cooperative federalism) does not require anyone
involved to surrender authority. Nor does it mean that all governments are
involved in all decisions at all times. The critical thing is that the parties
involved agree how they will work together: where collaboration is necessary
(or not) and how decisions will be made. Because each party participates
based on their own understanding of their authority regardless of whether
others agree, these processes can proceed even with historical game
stoppers, like unceded territory and resolving land, title, and rights claims
issues.
Collaborative consent can be applied in any decisionmaking process at any
scale — from individual projects like mines or water licence applications, up
to highlevel policy and law development. The critical point is that the scope
of issues must be satisfactory to all parties involved.
9/18/2017 Collaborative consent is path to govern according to UNDRIP | Vancouver Sun
http://vancouversun.com/opinion/op-ed/collaborative-consent-is-path-to-govern-according-to-undrip 4/6
Yes, collaborative consent marks a major (and likely uncomfortable) step
forward from the statusquo, but there are no barriers standing in the way of
B.C. moving in this direction. Indigenous, provincial, and territorial
governments are already putting aspects of collaborative consent into action
as they work through the tough governance challenges of the day,
demonstrating the proof of possibility for B.C. to embed this approach in
decisionmaking going forward.
In particular, B.C.’s leaders can look to the North for inspiration. Territorial
and Indigenous governments in the Northwest Territories have been leaders
in adopting a collaborative consent approach: together, these governments
have successfully codrafted legislation and undertaken major collaborative
negotiations for lands and waters, including the complex Mackenzie River
Basin Bilateral Water Management Agreements with B.C. and Alberta.
Within the province, too, aspects of collaborative consent are already in
motion. On Haida Gwaii for instance, a shared decisionmaking framework
exists in which both the British Columbia provincial government and the
Haida Nation passed their own laws to delegate Crown and Indigenous
authority to a joint management body. This permanent table makes shared,
consensus decisions on strategic land and resource management issues.
Collaborative consent requires transformation of existing governance
systems and ways of thinking. Improved skills around collaboration and
consensus building — and a shift in attitude among Crown governments
away from a riskadverse approach to one that is more proactive, focused on
longerterm outcomes and joint solutions — are urgently needed to make
this approach work in practice. Understanding, support, time, and resourcing
are needed for Indigenous nations’ institution (re)building and internal
governance processes to engage in ongoing collaborative consent
processes.
As Canada celebrates and reflects on 150 years of Confederation, no issue is
more pressing to our nation than the need to build more just relationships
with Indigenous nations. B.C.’s political leaders have stated this is a topmost
priority. Now it is time to bring these commitments to life, honour promises
made, and build a future in which Indigenous nations assume prominent
governance places and shape the laws, policies, and broad direction for our
province going forward.
9/18/2017 Collaborative consent is path to govern according to UNDRIP | Vancouver Sun
http://vancouversun.com/opinion/op-ed/collaborative-consent-is-path-to-govern-according-to-undrip 5/6
MerrellAnn Phare is the founding executive director of the Centre for
Indigenous Environmental Resources; Rosie Simms is a water law and policy
researcher at the University of Victoria’s POLIS Water Sustainability Project;
Oliver Brandes is the associate director at the University of Victoria’s Centre
for Global Studies and serves as codirector of the POLIS Project on
Ecological Governance; Michael Miltenberger spent 20 years as an MLA in
the Northwest Territories.
CommentsWe encourage all readers to share their views on our articles and blog posts. We are committed tomaintaining a lively but civil forum for discussion, so we ask you to avoid personal attacks, and please keepyour comments relevant and respectful. If you encounter a comment that is abusive, click the "X" in theupper right corner of the comment box to report spam or abuse. We are using Facebook commenting. Visitour FAQ page (http://www.vancouversun.com/news/story.html?id=7195492) for more information.
TRENDING STORIES
()
Click to view thearticle in a newtab
Read More
X
The media could not be loaded, either because the server or network failed orbecause the format is not supported.
‹ Previous
0 Comments Sort by
Facebook Comments Plugin
Newest
Add a comment...
9/18/2017 Collaborative consent is path to govern according to UNDRIP | Vancouver Sun
http://vancouversun.com/opinion/op-ed/collaborative-consent-is-path-to-govern-according-to-undrip 6/6
© 2017 Postmedia Network Inc. All rights reserved.
Unauthorized distribution, transmission or republication strictly prohibited.
Powered by WordPress.com VIP (https://vip.wordpress.com/?utm_source=vip_powered_wpcom&utm_medium=web&utm_campaign=VIP%20Footer%20Credit&utm_term=vancouversun.com)
(HTTP://WWW.POSTMEDIA.COM)