Indigenous lands are under ever-increasing pressure from governments and extractive sector corporations that are eager to encourage economic development and foreign investment. Against a backdrop of colonialism and dominant societies' disregard for Indigenous peoples’ own laws, these lands have become the site of conflict and environmental degradation. When Indigenous communities find themselves dispossessed by the government's approach to extraction licensing, infrastructure development and the establishment of environmental processes and protections, trust can erode quickly.

In November 2018, Indigenous leaders, environmental activists, human rights lawyers, academics, advocates and extractive industry participants came together at a conference in Banff, Alberta to discuss the ongoing efforts to hold industry and government accountable for legacy environmental damage. The discussions provided an opportunity for Indigenous peoples’ own laws to be brought to the foreground in finding solutions to today’s most difficult environmental challenges — and provided inspiration for this essay series. Environmental Challenges on Indigenous Lands explores the complex conflicts between international, domestic and Indigenous law when it comes to addressing a global environmental crisis, supporting economic development and making steps toward meaningful reconciliation.

About the artist: Christi Belcourt is a Michif (Métis) visual artist with a deep respect for Mother Earth, and the traditions and knowledge of her people. In addition to her paintings she is also known as a community-based artist, environmentalist and advocate for the lands, waters and Indigenous peoples. She is currently a lead organizer for the Onaman Collective which focuses on resurgence of language- and land-based practices. She is also the lead coordinator for Walking With Our Sisters, a community-driven project that honours murdered or missing Indigenous women.

Environmental Challenges on Indigenous Lands
Oonagh E. Fitzgerald and Kathleen Mahoney

The Caribou Are Our Four-legged Cousins
Hannah Askew and Bud Napoleon

Saanich Law and the Trans Mountain Pipeline Expansion
Robert YELḰÁTŦE Clifford

The Imposed Hierarchy of Laws in Resource Development Decisions
Robert Hamilton

Wild Buffalo Recovery and Ecological Restoration of the Grasslands
James (Sa'ke'j) Youngblood Henderson

Wahkotowin, Corporate Separateness and Potential Futures for Indigenous Laws
Darcy Lindberg

What Indigenous Solutions Look Like
Kathleen Mahoney

International Human Rights Law and Canada's Consultation Dialogue
Aaron Marr Page

Aligning Canadian Impact Assessment Processes with the Principles of UNDRIP
Sharon Mascher

Indigenous-led Assessment Processes as a Way Forward
Sarah Morales

The Limits of Meaningful Aboriginal and Treaty Rights
Joshua Nichols

Connecting the Local Communities and Indigenous Peoples Platform to Domestic Climate Challenges in Canada
Graeme Reed

Canadian Corporations, Environmental Solutions and the Implementation of UNDRIP
Basil Ugochukwu

About the Authors

Oonagh E. Fitzgerald was director of international law at CIGI from April 2014 to February 2020. In this role, she established and oversaw CIGI’s international law research agenda, which included policy-relevant research on issues of international economic law, environmental law, IP law and innovation, and Indigenous law.

Kathleen E. Mahoney is a Calgary-based lawyer and has been a professor of law at the University of Calgary for over 35 years.

Hannah Askew is a lawyer of English and Scottish ancestry who practices at the intersection of Indigenous and environmental law.  She is currently the Executive Director of Sierra Club BC and a regular instructor at the Annishinaabe law camps led by Professor John Borrows for the Osgoode, University of Toronto, McGill and Windsor law faculties.

Robert YELḰÁTŦE Clifford is a doctoral candidate at Osgoode Hall Law School, York University.  He is W̱SÁNEĆ and a member of the Tsawout First Nation on Vancouver Island, where he lives and writes. His work engages the resurgence of WSÁNEĆ laws and relates the ways in which those laws reflect and generate the values, philosophies, lands, and worldviews of his people. His work is community-focused and draws upon WSÁNEĆ law as a valuable source of strength, wisdom and authority for answering pressing problems throughout WSÁNEĆ territory.

Robert Hamilton is an assistant professor at the University of Calgary Faculty of Law. He holds a B.A. (Hons.) in philosophy from St. Thomas University, a J.D. from the University of New Brunswick Law School and an LL.M. from Osgoode Hall Law School. Robert is a Ph.D. candidate at the University of Victoria Faculty of Law. His dissertation focuses on Aboriginal and treaty rights in Canada’s Maritime provinces, and his research engages law, legal history, and theoretical perspectives on law and history. He has published on Aboriginal land and treaty rights in the Maritime provinces and has presented his research at numerous academic conferences. 

James (Sa'ke'j) Youngblood Henderson is a research fellow at the Native Law Centre of Canada, University of Saskatchewan College of Law. He was born to the Bear Clan of the Chickasaw Nation and Cheyenne Tribe in Oklahoma in 1944 and is married to Marie Battiste, a Mi’kmaw educator. In 1974, he received a juris doctorate in law from Harvard Law School.

Darcy Lindberg is mixed-rooted nêhiyaw (Plains Cree), whose relations come from the Maskwacis and Battleford areas. He is an assistant professor with the University of Alberta's Faculty of Law.

Aaron Marr Page is an international human rights and US criminal justice attorney. He serves as managing attorney at Forum Nobis PLLC, an international human rights and environmental public interest law and consulting firm that works with Indigenous peoples and other affected communities around the world struggling to better understand and assert their rights.

Sharon Mascher is a professor in the Faculty of Law at the University of Calgary and an honourary fellow at the University of Western Australia. She teaches in the areas of property law, environmental law and ethics and climate change law. Her research focuses on climate change and the intersections between property law, environmental law and Aboriginal land rights. Sharon was a co-organizer of the Indigenous Solutions to Environmental Challenges conference and participated in the Determining Access, Theory and Practice in Implementing Indigenous Governance over Lands and Resources workshop and the Tsilhqot’in Think Tank's Implementing Tsilhqot’in Governance gathering.

Bud Napoleon is a Cree Elder, trapper, hunter, traditional food gatherer and steward of Treaty 8 territory.  He served as Chief of the Saulteau First Nation for two terms, and was one of the founders and the first Chief of the Treaty 8 Tribal Association. He formerly worked for the Union of British Columbia Indian Chiefs. He was one of the founders of "Pemmican Days" for the Saulteau First Nation which continues to this day. 

Graeme Reed is a doctoral candidate at the University of Guelph, studying the intersection of Indigenous governance, environmental governance and the climate crisis.