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ARTICLE · 17 JUNE 2026

Understanding Free, Prior And Informed Consent Under UNDRIP In Canadian Resource Development

Thompson Dorfman Sweatman LLP
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As Canadian governments continue implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), resource developers face evolving expectations around Indigenous engagement and consent. Recent court decisions and regulatory reforms signal a fundamental shift in how forestry and mining projects must navigate consultation obligations, cumulative effects analysis, and the practical meaning of "free, prior and informed consent."

CanadaGovernment, Public Sector
John Stefaniuk
John Stefaniuk
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Few legal and policy developments have generated more discussion in Canada's forestry and mining sectors over the past decade than the United Nations Declaration on the Rights of Indigenous Peoples ("UNDRIP").

For many resource developers, UNDRIP is often associated with a single concept: "free, prior and informed consent" ("FPIC"). Some regard FPIC as an Indigenous veto over development. Others see it as a framework for reconciliation and improved project certainty. The reality lies somewhere in between. As governments continue to implement UNDRIP across Canada, understanding its practical implications has become essential for anyone involved in natural resource development.

What is UNDRIP?

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