In the context of the Trans Mountain decision, the FCA noted that Indigenous environmental assessments could serve as a framework for addressing concerns within the duty-to-consult framework. As explored by Sharon Mascher in this compilation, this presents an avenue for incorporating expressions of Indigenous law into the decision-making process. The case of the Wet’suwet’en demonstrates the potential within the Aboriginal title doctrine.

By acknowledging traditional governance institutions as title holders, the court has created an opening to recognize the jurisdiction of these groups in their traditional territories. Realizing these optimistic visions, however, demands a fundamental shift. In each case, the unilateral authority of the state to act independently must no longer dictate legal doctrine. As long as legal doctrine continues to be influenced by the presumption that the state can act autonomously, the transformative possibilities alluded to will remain untapped. This constraint limits the ability of Indigenous peoples to formulate solutions to environmental challenges in accordance with their own legal traditions, free from the constraints imposed by the state.

Discover more background about The Trans Mountain Pipeline Expansion.

Please note that we are in no way affiliated with Kwakwaka’wakw artist and Mamalilikulla Chief Councillor John Powell (whose ancestral name is Winidi).  We do take to heart his doctrine and agree fully with his statement: "Our ancestors … gave us the responsibility to steward this land — our seas and our skies and our connection to the supernatural — and to protect, defend, nourish and house all the creatures who come from all of those elements.”