Commentary
In a recent report from the Ottawa based Macdonald-Laurier Institute (MLI), Heather Exner-Pirot proposed that indigenous consent in resource development should be seen as a common objective rather than a legal hurdle.
The MLI researcher’s analysis highlights a core tension in Canadian policy: While the courts have entrenched a constitutional duty to consult and accommodate indigenous peoples, they have stopped short of granting an outright veto. Yet in practice, the line between consultation and consent has become increasingly blurred. This leaves citizens, investors, and governments unsure what constitutes a clear and legitimate go ahead for any particular project.
This ambiguity now impacts the country’s economic prospects. Canada’s ability to deliver large-scale, job-creating projects—in energy, mining, transportation, and infrastructure—is constrained not only by environmental and regulatory complexity but by procedural uncertainty. The unresolved question of who has the final say has become a serious obstacle to Canadian competitiveness….