In late 2013, Quebec passed a law requiring mining companies to consult with First Nations “if the circumstances warrant.” The law is a marginal improvement from its predecessor, which does not require consultation with First Nations at all, but does not define which circumstances warrant consultation, prolonging the legal uncertainties for companies and First Nations in the province. Consultation standards in Quebec are weaker than those in other Canadian provinces, and the Assembly of First Nations of Quebec and Labrador claims that the measure is a violation of international law.
When operating on or near Indigenous territories, companies often find themselves navigating complex, evolving, and often conflicting webs of international, national, local, and traditional legal frameworks. Foley Hoag advises companies to avoid approaching “social and environmental concerns solely with a compliance-oriented or philanthropic mentality. While meeting current requirements and supporting local communities is important, it is also important to ensure that the company is attuned to policy trends and shifting stakeholder demands. Companies should assess the extent to which they have the capacity to operate consistently with emerging best practices, noting that these evolving performance standards may well be predictive of future compliance requirements.”
Sources: Foley Hoag, MiningWatch, Globe and Mail