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Natural Resources committee  Well, I don't think it's fair to speak to that in the abstract. From my experience, when people have raised opposition, they've often done so because of concerns for water quality. They may be downstream from a development. Maybe they're indirectly impacted, but they will experie

April 4th, 2019Committee meeting

Prof. Brenda Gunn

Natural Resources committee  Maybe my best response is not just my perspective, but my legal opinion. I believe international law recognizes that there is an obligation on the state to get the free, prior and informed consent of indigenous peoples, whether it's their traditional territory that will be direct

April 4th, 2019Committee meeting

Prof. Brenda Gunn

Natural Resources committee  My apologies. I don't have that report in front of me. I did appear before the Committee on the Elimination of Racial Discrimination when Site C was brought up, so I'm aware of this report. From my recollection, the report, including the initial report that came out.... Sorry, I

April 4th, 2019Committee meeting

Prof. Brenda Gunn

Natural Resources committee  Thank you for that question, as well. At least I'm assuming these questions are directed at me.

April 4th, 2019Committee meeting

Prof. Brenda Gunn

Natural Resources committee  If any of my co-panellists would like to jump in, I'm happy to hear international perspectives on these matters. I'm not sure I have an answer, but I appreciate your highlighting the example, because it hits on one of the most challenging issues, namely, the right of indigenous

April 4th, 2019Committee meeting

Prof. Brenda Gunn

Natural Resources committee  Thanks. I think you're absolutely right with the concern you've raised. The areas for which these consultations are viewed to be necessary tend to be the reserved lands. In Manitoba we have some recognized trapline territories that can sometimes be engaged, at least by provincia

April 4th, 2019Committee meeting

Prof. Brenda Gunn

Natural Resources committee  I'm not sure of the extent to which we have them. I think the conversations are perhaps there. Is the legal recognition there that Canada is required to engage in consultation with indigenous people, even when Canadian law has yet to recognize indigenous people's traditional terr

April 4th, 2019Committee meeting

Prof. Brenda Gunn

Natural Resources committee  [Witness speaks in Northern Michif :] [English] Thank you for the invitation to appear today. I'm really excited that this committee is undertaking this important study, so much so that I was willing to take the afternoon away from my three-month-old daughter. My apologies if I

April 4th, 2019Committee meeting

Professor Brenda Gunn

Indigenous and Northern Affairs committee  Thank you for your question. I'm still not quite sure I understand or can agree that there are legislative concerns, but I do understand that there are concerns on this, so maybe I just took too early a flight and my brain is getting mushy. I think the role of this body and th

March 22nd, 2018Committee meeting

Prof. Brenda Gunn

Indigenous and Northern Affairs committee  I agree with what Celeste was saying, and I'll try to add one or two points quickly. One is that consent really is the foundation of the Canadian Constitution. It's part of our democracy. Democracy is about the will of the people being expressed. I'm hoping everyone in this room

March 22nd, 2018Committee meeting

Prof. Brenda Gunn

Indigenous and Northern Affairs committee  I actually think that implementing the UN declaration and the standards will lead to greater certainty in Canadian law than what we have now. I think we will make better decisions, faster, and subject to less review than the current state of affairs, because parties are not feeli

March 22nd, 2018Committee meeting

Prof. Brenda Gunn

Indigenous and Northern Affairs committee  Wow. Thank you for that question. Although I haven't fully turned my mind to that, I can say, as someone who has participated through the NGO process at Canada's review before several international bodies, that it has been frustrating. It seems that Canada lacks the mechanism to

March 22nd, 2018Committee meeting

Prof. Brenda Gunn

Indigenous and Northern Affairs committee  The instruments are different, for example. When Canada is up for review before CERD, they're looking at all of their protections on the elimination of racial discrimination. At those reviews, Canada sends the Department of Canadian Heritage, which leads the reviews with support.

March 22nd, 2018Committee meeting

Prof. Brenda Gunn

Indigenous and Northern Affairs committee  I have a couple of hopes for what might change. If we're still required to use the courts to assert our rights and gain that recognition, the UN declaration can assist in articulating and understanding the scope of protected rights without a judge. For example, an Ontario Court o

March 22nd, 2018Committee meeting

Prof. Brenda Gunn

Indigenous and Northern Affairs committee  In that answer, I think it's important to go back to what I said at the beginning, that implementing the UN declaration is about resetting the relationship and shifting from a colonial one where Canada is making all decisions for indigenous peoples to where indigenous peoples are

March 22nd, 2018Committee meeting

Prof. Brenda Gunn