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First Nations’ successes in more than 200 court cases across Canada have established, defined or expanded our title and rights when it comes to resource development on our unceded territories.

They have, for one thing, established our right to consultation and accommodation. The parameters of consultation and accommodation, the concept of “free, prior and informed consent” from the United Nations Declaration on the Rights of Indigenous Peoples will continue to evolve through the courts and through negotiation.

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Generally speaking, the courts have resulted in favourable decisions for First Nations and have forced governments and corporations to accept that consultation and accommodation are a right, and not some inconvenience that can be easily dismissed or disregarded.

First Nations have learned through those 200-plus cases how to engage the courts and present their cases effectively. Most of these cases have been to protect rights that were ignored by Industry and governments. Where Indigenous entities have not always derailed resource developments that they oppose, they have certainly provided many risks and delays to resource projects.