ABSTRACT
Agreements that involve communities in various jurisdictions are becoming increasingly common mechanisms for articulating claims and rights in the context of extractive projects, and navigating relationships between communities, extractive companies, and states. However, the implications of these agreements for consultation and consent of the communities are not clear. Drawing largely from the Tahltan Nation’s engagements with the Government of British Columbia (Canada) and extractive companies, this chapter analyses the position of agreements between Indigenous Peoples, state actors and/or extractive companies in consultation and consent debates. It situates its analysis in the context of normative debates on consultation and consent; legal positions led by Indigenous Peoples; free, prior and informed consent under the United Nations Declaration on the Rights of Indigenous Peoples; and jurisprudence of the Supreme Court of Canada on implications of the title and rights of Indigenous Peoples for consent. The chapter critically assesses consultation practices and conceptions of consent as articulated through agreements while also reflecting on the implication of the agreements for consultation and consent in multiple jurisdictions.
