Speaking with CBC News, Paul Seaman, National Practice Group Leader – Indigenous Law at Gowling WLG, commented on the Ontario government’s move to fast-track development permits without requiring full environmental oversight. The article, published April 11, explores how the proposed changes may affect the constitutional obligation to consult Indigenous communities.
Seaman emphasized that while the province says it intends to meet its constitutional obligations, the approach raises questions about whether these commitments are being upheld in practice.
On this point, the provincial government's draft documents
note that if pursuing a permit overhaul, its intention "is
that the Crown will continue to meet its constitutional obligations
to consult with Indigenous communities."
Seaman noted that reaching consent is now the "gold
standard" in such circumstances and that imposing deadlines on
a particular project or process may not be helpful in achieving
that—and could, in turn, undermine the stated goal of
fast-tracking.
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