The Ministry of Justice declined to give a clear, definitive answer on whether First Nations have a legal veto over natural resource and infrastructure projects, following Justice Minister Sean Fraser’s remarks earlier this week.
In an email response to True North, the Department of Justice did not directly answer whether Indigenous communities hold veto power under Canadian law.
The department’s message pointed to the government’s obligations under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), a UN resolution adopted into law by the Trudeau government in 2021.
“Free, prior and informed consent (FPIC) is about processes that facilitate working together in partnership and respect, and striving to achieve consensus as parties work together in good faith on decisions that impact Indigenous rights and interests,” the department wrote. “It is not about achieving a particular outcome.”
“There is no ‘one size fits all’ for all Indigenous peoples in terms of what it means or how it is implemented on the ground,” the statement continued.
“When the Indigenous rights and interests at issue are significant and potential impacts on those rights are severe, Canada recognizes there is a heightened requirement for effective and meaningful participation in decision-making with the goal of achieving consensus.”
The email did not say whether consensus is legally required or whether projects can proceed without it.
The response came after Fraser apologized Wednesday for comments he made suggesting that the federal government’s duty to consult Indigenous communities does “not amount to a veto” over projects.
The remarks sparked an immediate backlash from the Assembly of First Nations, whose National Chief Cindy Woodhouse Nepinak said such “blanket statements” undermine First Nations’ right to self-determination.
“It is critical that all ministers give themselves an opportunity to build their capacity on the international status and rights of First Nations,” Woodhouse Nepinak said in a statement, warning that key legal standards like FPIC and permanent sovereignty have not yet been fully discussed between the government and First Nations.
The Privy Council Office previously told the Assembly of First Nations in a letter that the proposed legislation would be “consistent” with both the Constitution and the UN Declaration.
Fraser acknowledged Wednesday that his initial comments may have damaged “a very precarious trust” between the federal government and Indigenous peoples, adding that he regretted not rejecting the “premise” of the question about veto powers outright.