Comments on: Over to You, Mr. Trudeau: The Political Perils of Kinder Morgan’s Trans Mountain Expansion http://greenpolicyprof.org/wordpress/?p=1177 George Hoberg -- Seeking insights into governance for sustainability Sat, 20 Aug 2016 14:35:43 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Merle Alexander http://greenpolicyprof.org/wordpress/?p=1177&cpage=1#comment-19158 Merle Alexander Thu, 02 Jun 2016 21:21:09 +0000 http://greenpolicyprof.org/wordpress/?p=1177#comment-19158 George, excellent thoughts on this incredible conundrum. The only comment I might make is to correct you on the legal gleaning. Delgamuukw in 1997 noted that the spectrum of "consultation" included "mere consultation, more than mere consultation and consent". Tsilhqot'in in 2014 confirmed that consent applies as the consultation standard where the Nation has proven Aboriginal Title. So, Canada's move towards the UNDRIP FPIC language is not inconsistent with the legal trend in Canada. Merle George, excellent thoughts on this incredible conundrum. The only comment I might make is to correct you on the legal gleaning. Delgamuukw in 1997 noted that the spectrum of “consultation” included “mere consultation, more than mere consultation and consent”. Tsilhqot’in in 2014 confirmed that consent applies as the consultation standard where the Nation has proven Aboriginal Title. So, Canada’s move towards the UNDRIP FPIC language is not inconsistent with the legal trend in Canada.

Merle

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