A/HRC/45/12/Add.1 implement the United Nations Declaration on the Rights of Indigenous Peoples.124 This is a tremendous achievement, and one to be emulated in other provinces and federally. 80. Indigenous peoples have had to make significant efforts to compel some project proponents to consult them and even greater efforts to compel the Government to carry out its duty. For example, indigenous and civil society organizations have repeatedly expressed concern about the fact that a pesticide categorized as probably carcinogenic (glyphosate) was applied by aerial spraying in and around indigenous peoples’ reserves and traditional lands without consultation or consent. They have reportedly not received any response from the Government. 81. Various interlocutors highlighted that project proponents often do the bare minimum to fulfil their duty to consult, thus rendering indigenous peoples inadequately informed for decision-making processes. This has happened in respect of projects involving the following, among others: pesticides spraying in general and its impacts on workers, the environment, water and human health; the extractive industries operating in the Atlantic region; fracking, affecting the community of Penobsquis in New Brunswick; the Alton Gas project, where grass-roots leaders from the Mi’kmaq First Nation are concerned about the consequences of asserting their treaty rights; the Sisson Brook mine, in the area of the Nashwaak watershed, New Brunswick; the pulp and paper mill in Abercrombie, Nova Scotia; the impacts of dumping effluent into Boat Harbour on the Mi’kmaq reserve; and offshore drilling in the waters of the North Atlantic. 82. While in some cases consultation with indigenous peoples has improved, the example of the Muskrat Falls hydroelectric project has raised questions regarding the extent of such improvements.125 Specifically, concerns were raised regarding the meaningful participation of two affected First Nations, the risk of methylmercury contaminating traditional foods and negatively affecting health, the unaddressed risk of dam failure and the flooding of sites containing toxic military waste.126 83. While Canada withdrew its objections to the United Nations Declaration on the Rights of Indigenous Peoples in 2016 and committed itself to its implementation, 127 there is inadequate execution at the national level. The principle of seeking and obtaining the free, prior and informed consent of affected communities should be applied nationally. The Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples appear promising, 128 yet further efforts are necessary, including by non-State actors. A positive example is provided by the Canadian Nuclear Safety Commission, which strives to better engage indigenous peoples, including through its Participant Funding Program. 129 Initiatives such as the Indigenous Centre of Expertise for Cumulative Effects Assessment and Management present opportunities for action.130 In considering the implementation of the principle of seeking and obtaining free, prior and informed consent, including at the federal level, an “indigenous-informed relational approach” should be paramount.131 IV. Access to justice and remedies 84. Every victim of a violation or an abuse of human rights related to toxic exposure has the right to justice and to an effective remedy.132 This may include restitution, compensation, 124 125 126 127 128 129 130 131 132 www2.gov.bc.ca/gov/content/governments/indigenous-people/new-relationship/united-nationsdeclaration-on-the-rights-of-indigenous-peoples. Submission by the Innu Nation (2019); www.muskratfallsinquiry.ca/files/Volume-1-ExecutiveSummary-Key-Findings-and-Recommendations-FINAL.pdf. Ibid. See also the submission by the Ontario-Muskrat Solidarity Coalition (2019). www.aadnc-aandc.gc.ca/eng/1309374407406/1309374458958. www.justice.gc.ca/eng/csj-sjc/principles.pdf. www.nuclearsafety.gc.ca/eng/pdfs/reports/compendium-of-indigenous-consultation-and-engagementeng.pdf. www.aadnc-aandc.gc.ca/eng/1553539034821/1553539063871. Terry Mitchell and others, “Towards an indigenous-informed relational approach to free, prior, and informed consent”, International Indigenous Policy Journal, vol. 10, No. 4 (October 2019). General Assembly resolution 60/147. 17