Challenges of Requirements Communication and Digital Assets Verification in Infrastructure Projects
Poor communication of requirements between clients and suppliers contributes to project overruns,in both software and infrastructure projects. Existing literature offers limited insights into the communication challenges at this interface. Our research aim to explore the processes and associated challenges with requirements activities that include client-supplier interaction and communication. we study requirements validation, communication, and digital asset verification processes through two case studies in the road and railway sectors, involving interviews with ten experts across three companies. We identify 13 challenges, along with their causes and consequences, and suggest solution areas from existing literature. Interestingly, the challenges in infrastructure projects mirror those found in software engineering, highlighting a need for further research to validate potential solutions.
- Research Article
12
- 10.1108/10264116200800007
- Dec 1, 2008
- Journal of Economic and Administrative Sciences
Risk identification is an integral part of overall risk management framework of projects. The risks associated with projects and their response planning differs according to the country and the sector specific environment in which they are being implemented. In this paper, the study is carried out to identify the critical risk factors causing delay in Kuwait’s building and infrastructure projects. The preparation of a preliminary list of risks and risk factors is outlined, questionnaire development and survey details are explained, and analysis of survey responses for the identification of delay risk factors in Kuwait is presented. A case study analysis with respect to time‐overrun/delay of about 28 building and infrastructure projects executed in Kuwait is also presented to validate the survey results. Survey and case study results show that the frequency of time‐overrun in KuwaitRisk identification is an integral part of overall risk management framework of projects. The risks associated with projects and their response planning differs according to the country and the sector specific environment in which they are being implemented. In this paper, the study is carried out to identify the critical risk factors causing delay in Kuwait’s building and infrastructure projects. The preparation of a preliminary list of risks and risk factors is outlined, questionnaire development and survey details are explained, and analysis of survey responses for the identification of delay risk factors in Kuwait is presented. A case study analysis with respect to time‐overrun/delay of about 28 building and infrastructure projects executed in Kuwait is also presented to validate the survey results. Survey and case study results show that the frequency of time‐overrun in Kuwait’s construction projects is very high. The five most critical time‐overrun factors identified in Kuwait’s infrastructure and building projects are: delay in government approvals/permits, delay in preparation and approval in variation orders, client induced additional work beyond the original scope, changed engineering conditions from the contract document and decreased labor productivity due to extreme climatic conditions. All the above risk factors are rated as moderately critical to very critical in Kuwaits construction projects is very high. The five most critical time‐overrun factors identified in Kuwait’s infrastructure and building projects are: delay in government approvals/permits, delay in preparation and approval in variation orders, client induced additional work beyond the original scope, changed engineering conditions from the contract document and decreased labor productivity due to extreme climatic conditions. All the above risk factors are rated as moderately critical to very critical in Kuwait.
- Conference Article
1
- 10.3968/j.mse.1913035x20110504.160
- Dec 20, 2011
The need for adequate supply of infrastructure has long been viewed as a key ingredient for economic growth and sustainable development, both in the academic literature and policy debates. With the quest for economic development by governments in developing countries and the consequent emergence of public-private partnerships to deliver major infrastructural projects on time, within the approved budget and in accordance with the preset specifications. A linkage can be established between Sustainable infrastructural development and Project management. This will be seen from the need to maximize success in infrastructural projects that will deliver integrated social, economic, and environmental concerns. In this setting, there would be need for the recruiting of multi-disciplinary teams with specialist backgrounds to implement these infrastructural projects. The question to ask is if project management as a profession is adequate in the delivery of a steady stream of experts to carry out needed project management activities in infrastructural development? We present evidence that project management is being increasingly seen not as a profession with a clear educational path, but as a skill that can be acquired with experience and as a second degree specialization. We also present evidence that shows that project management is not highly competitive in tertiary institutions in our Nigerian case-study and this may be as a result of a lack of clear understanding of the profession of project management. We argue that there is an urgent need for harnessing the development potential of project management as a structured profession with a clear educational path; such that project managers can begin to take on the task of delivering sustainable infrastructural projects. They are to ensure that in the execution of these projects; the economic role of these infrastructural projects should not be accorded ‘precedence’ over the other dimensions of sustainable development – the social, cultural and environmental aspects. Key words : Sustainable development; Infrastructural projects; Project management; Education; Nigeria; Economic growth
- Research Article
- 10.1142/s1793962325300018
- Feb 1, 2025
- International Journal of Modeling, Simulation, and Scientific Computing
Nowadays, verification and validation activities have become the prominent parameters to check the acceptability of a simulation model by the users for the intended purpose. This review paper aims to identify and analyze the recent development and challenges of simulation model verification and validation. To achieve this objective, a systematic review of the literature was carried out which mainly consisted of the methodological development of verification and validation process paralleled with simulation model development. Initially, a cumulative total of 980 records was found sourced from Google Scholar via an advanced search method, Science Direct, Web of science and from Scopus. Through a rigorous screening process about 72 sources or publications were included for analysis. The verification and validation techniques that have been developed so far were classified into five categories methodologically. From intensive analysis, it is found that researchers extensively scrutinize the traditional methods and graphical/ statistical tools, escalating interest in data-driven and automation techniques, and limited focus on agent-based and hybrid models. Though agent-based and hybrid models are increasingly vital in the realm of complex system simulations, their verification and validation processes remain relatively under-explored. Though reasonable efforts have been exerted on the verification and validation methods development, still academicians and researchers agreed on the lack of verification and validation methodology for the recently developed simulation model paradigms such as agent-based and hybrid models, autonomous robotics models, high fidelity and data-driven models, and real-time prediction models such as digital twins. As a challenge of verification and validation processes, lack of universal methodologies, lack of reliable real-world data for validation, inaccuracy of real-world data for the intended purpose, different world views by different individuals, and the rapid growth and complexity of simulation modeling are identified as the hindering factors of verification and validation process.
- Conference Article
8
- 10.1109/sccsit.2017.8293053
- Nov 1, 2017
Software Project Management is a core topic in software engineering courses because it teaches how software projects planned, implemented, controlled, monitored, and evaluated. The development of theories in software metrics and prediction models builds on the broader project management field but also attempt to overcome the difficulties inherent in measuring an intangible object like software. This paper is situated within research into the factors that influence cost and time estimation for software projects that continue to challenge software development organizations. The study described in this paper explored technical and non-technical factors seen by Sudanese software practitioners as critical in estimation, and if not managed, can result in cost and time overrun or in some cases lead to project failure. Using a mixed-method approach, the research project was first informed through a qualitative study that explored the kinds of problems that face the estimation process from the perspectives of different staff levels. This part of the study revealed a number of factors that can be broadly categorized as technical factors, e.g. the skills of those involved in the estimation process, and non-technical factors such as the high level of uncertainty in the local business environment. The second part of the study focused on one of the leading factors, software project staff training and experience, using the survey method to examine how well the software engineering curriculum is aligned with skills required in the software market, especially those related to estimation. The recommendations this study produced on reducing estimation errors, whether geared towards companies or academia, are preliminary and may only reflect the local setting. However, they also drew upon the vast literature on cost estimation techniques and case studies in similar and more advanced settings. The problem of software effort prediction and estimation models has been a thorny issue in the software engineering field since the concept of “software crisis” and the field itself, as a response to the crisis, emerged in the late 1960s. It still seems to some that “After forty years of currency the phrase ‘software engineering’ still denotes no more than a vague and largely unfulfilled aspiration” [2]. This study develops our understanding of problems facing one of the young professions in the country, as well as contributes to the global body of research on developing techniques to manage the intricacy of software engineering compared to more established engineering disciplines.
- Research Article
5
- 10.1108/ecam-10-2022-1022
- Jun 15, 2023
- Engineering, Construction and Architectural Management
PurposeInnovative design and execution approaches are employed in infrastructure sectors and planning to enhance the integrated project delivery system, assure the sustainability of infrastructure projects, and meet the demands of the dynamic, changing environment. Delivery methods must incorporate new technologies. By combining digital technology, teamwork, and mass manufacturing, a greater degree of exceptional quality, sustainability, and resilience in the environment will be generated. As a result, a new approach does not rely on the reaction policy, but instead considers alternative scenarios and employs a simulation model to determine the best course of action.Design/methodology/approachIn the paper, the system dynamics approach to construction management is validated in light of pertinent research. Additionally, it describes the difficulties facing the infrastructure projects' delivery system. Additionally, the strategy for system dynamics creation is described. This strategy includes a causal loop diagram, generates a stock-flow diagram, and simulates forecasts of model behavior over time. Next, the optimization model's validation process is used to create a system dynamics model for choosing the best infrastructure project delivery system project and controlling it to maximize sustainability, mass production, digital integration, and team integration. The dynamic complexity of project management is growing.FindingsThe primary goal is to present a system dynamics (SD) simulation to look at how well infrastructure projects perform in terms of choosing the best method for delivering infrastructure projects. One of the most ideal methods for delivering projects is integrated project delivery. An effective methodology for making strategic decisions on the choice of the best project delivery method. In order to enhance certain infrastructure project delivery system metrics for sustainability, mass production, digital integration, and team integration, the model included building strategy and sophisticated system dynamics simulation. According to the construction strategy, the outcomes have been satisfactory.Originality/valueSystem dynamics research has been done to replicate the idea of contemporary construction in order to determine the best approach for delivering infrastructure. The government and decision-makers would benefit from understanding this research as they decide on the best delivery method for boosting the sustainability and productivity of infrastructure projects in Egypt.
- Conference Article
10
- 10.1109/fie.2014.7044167
- Oct 1, 2014
Software professionals routinely use sophisticated problem solving and design in their communication with one another and other stakeholders in the software process. We wish to introduce our computer science and software engineering students to the communication challenges of real software development and help them to develop to meet these challenges. We describe our guided inquiry approach to addressing communication in a team software project course. This course constitutes a crucial juncture in the academic journey of our students, where they learn and practice the full responsibilities of a software engineer, including soft skills like communication. Early in the course, we expose the students to real communication challenges that others have faced. Later, during their project development, we ask them to reflect on the communication challenges they are facing. We describe the guided inquiry techniques that scaffold the students' understanding of communication issues, and we outline our pattern approach to communication design. We provide some initial results from the classroom, following teams as they explore the communication practices of others and reflect on their own.
- Single Report
- 10.31979/mti.2024.2324
- Jan 1, 2025
This report addresses the sensitivity and reliability of the sustainability rating systems by comparing each category’s verified scores with its respective submitted scores to evaluate how points are awarded for infrastructure projects, examine which categories present the most challenges for verification, and identify the best category for verification in the sustainability rating system. The authors conducted three analyses using credit score data obtained from fourteen actual civil infrastructure projects certified under Envision. First, the Natural World category had the highest average score from the submitted and verified data. Pairwise comparisons using t-tests indicate that the mean value of one category does not differ statistically from that of other categories. Second, a one-way analysis of variance found no statistically significant differences among the five categories’ scores. Two-sample t-tests for comparing the submitted credit scores and the verified credit scores demonstrated no statistically significant difference in all five categories. However, the results showed that the verified credit scores are 18.63% lower than the submitted credit scores for all five categories. Third, multiple comparisons (Hsu’s MCB) showed that the Natural World category is the best category with 95% confidence. The results also indicated that the Quality of Life, Leadership, New World, and Climate and Risk categories have a higher possibility of being verified on a similar level, proving that those projects are close to the “best” category and present fewer challenges to be certified than the Resource Allocation category. The findings from this report will provide sustainability managers and project teams with insights into credit implementation in the pre-design stage of potential infrastructure projects that may pursue the certification process.
- Research Article
- 10.9716/kits.2011.10.4.191
- Dec 31, 2011
- Journal of the Korea society of IT services
Recently, many software companies are trying to improve the software quality and project outcome with more costs and efforts in development time. In the software convergence and integration environments, it is required efforts to gain high quality of software. In other words, it is required to utilize software engineering knowledge and technology for higher software quality and better software project productivity. The Software development productivity can be varied by software process capability according to building a framework for software development, selection and use of appropriate technology, human resource management. Software process capability will influence software project outcome which is the general opinion. This study provides empirical evidence about software engineering efforts and investment approach to lead software project performance. We measured the software engineering efforts by SW engineering level and analyzed the corelation between software engineering level and schedule deviation. And, we verified that this performance is affected by the size of software company. As a result, software process capability is important to build a infrastructure and develop systematically software project. The higher software engineering level can lead to improved software project performance.
- Conference Article
- 10.5592/co/cetra.2018.755
- May 17, 2018
One of the strategic goals of each country is the transport infrastructure development. The realization of transport infrastructure projects provides faster economic and social development of the country and the region as well. Considering the railway sector, at the beginning, it is necessary to prepare project’s documentation that depends on the selected level of the railway infrastructure development. The types of the railway infrastructure improvement in the Republic of Serbia are defined as follows: renewal or rehabilitation, reconstruction, modernization and construction of railway lines. The time of completion of the works related to certain type of improvement varies according to scope and type of works, the terrains on which railway line is located, the liquidity of the country, as well as the willingness of international financial institutions to provide loans. Considering the limited availability of loan resources and the inability of the country to provide greater guarantees, further prioritization of railway infrastructure projects is necessary. In the process of prioritization it’s essential to consider economic and financial indicators, that define the feasibility of the project, but also other relevant technological indicators. In this paper, the proposed method for ranking railway infrastructure projects is the multi-criteria approach – Analytic Network Process, ANP. The developed model is tested on the data related to the railway infrastructure projects in the Republic of Serbia.
- Dissertation
- 10.4225/03/58af7a6f8ee57
- May 19, 2017
Assessing the economic impact of public investment in Malaysia: a case study on MyRapid Transit project using a dynamic computable general equilibrium model
- Research Article
8
- 10.1080/15623599.2018.1512027
- Dec 28, 2018
- International Journal of Construction Management
Infrastructure projects are very important for economic and social success especially in developing countries. Road infrastructure projects have a significant role in this growth in connecting different strategic locations of a country or region to each other. During different project phases, many stakeholders are involved, and each has their own expectations. Thus, for project success, creating a balance among them is very significant. This can only be achieved by ensuring integration of projects. However, according to recent studies, there are various barriers in enabling this. This study evaluates solutions to facilitate the presence of operation and maintenance (O&M) contractors in the pre-occupancy phases of infrastructure projects. To achieve this, an in-depth literature review and case study research methods are applied. Solutions from the conducted case study within the road infrastructure projects are compared with findings from the available literature. Finally a framework is provided which addresses the need to reduce barriers to the presence of O&M contractors in the design and implementation phases of infrastructure projects. Such classification helps researchers to have a better understanding of project needs for facilitating the early presence of O&M contractors within infrastructure projects. This study highlights the need for localizing solutions in different parts of the world.
- Research Article
7
- 10.3390/su11236729
- Nov 27, 2019
- Sustainability
The coastal strip of the western peri-urban area of Barranquilla in the Atlántico Department (Colombia) is experiencing changes in human-environment interactions through infrastructure, residential, and tourism projects in a vulnerable landscape. In the hilly area, fragments of biodiverse tropical dry forest still exist in various states of conservation and degradation. To understand the interrelated social, economic, and ecological transformations in the area, we analyzed land use change on the local scale including the local community’s perception, because the local community is a key actor for sustainable land use. For the analysis of the interrelated social, economic, and ecological processes, we combined visual interpretation of high-resolution satellite imagery, on-site field land use mapping, and a spatial statistical analysis of the distribution of land use classes with in-depth interviews and a participatory GIS workshop, thus benefitting from the complementary methodological strengths of these approaches. The case study is the rural community of El Morro, which exhibits the typical social, economic, and ecological changes of the coastal strip of the western peri-urban area of Barranquilla. The local community perceives a continuous loss of forest area, but observations from on-site field mapping cannot confirm this linear trend. We observed a gradual replacement of traditional land uses such as smallholder agriculture, charcoal production, and cattle breeding by services for tourism, gated community projects for urban dwellers, and infrastructure projects; these spatial developments have several characteristics of rural gentrification. We conclude that the drivers of environmental degradation have changed and the degradation increased. The development projects of external companies have been rejected by the local community and have induced environmental consciousness among community members. Thus, the local community has become an advocate for sustainable land use in the study area.
- Research Article
- 10.1088/1755-1315/666/6/062126
- Mar 1, 2021
- IOP Conference Series: Earth and Environmental Science
This paper discusses a methodological framework for assessing infrastructure projects on the base of public private partnership, which can help investors to take the decision of investment. The financing schemes associated with infrastructure projects have been considered and analyzed in this article and the FUZZY – AHP technique was applied to get the optimal financial scheme for financing infrastructure projects on the base of public private partnership. To get the optimal solution, the membership functions and the weights of the variables in every financial scheme in infrastructure projects on the base of private public partnership have been calculated. At the end, a case study was applied to demonstrate the application of analytical hierarchy process module. The results of the study can be used in theoretical and practical researches to develop the financial mechanism of infrastructure projects, as well as can help to predict new schemes to improve the infrastructure projects based on private public partnership.
- Research Article
1
- 10.3390/su16188122
- Sep 18, 2024
- Sustainability
The construction industry plays a substantial role in shaping the economies of many countries. Construction management faces various challenges that can lead to project failures, particularly in infrastructure projects struggling to meet cost and time requirements. Inadequate project planning and the intricate nature of construction projects can cause participants’ project goals to not align. It is crucial to address these challenges early in the planning stages to ensure project success. This research involved investigating previous studies to understand current practices for improving infrastructure project planning and selecting the best pre-project planning tool. Infrastructure projects in the Saudi construction industry are used as a case study. A questionnaire was prepared based on essential alignment issues affecting team alignment during pre-project planning. Participants rated the level of agreement with alignment issues and the overall success of a project they worked on. The study utilized descriptive and inferential analysis techniques to assess infrastructure project success rates and develop a predictive model driven by the alignment tool. Multiple linear regression techniques were used during the model’s development, and validation and reliability outputs were obtained. By evaluating all relevant stakeholders, the model generates a score to facilitate the pre-project planning process, increasing the likelihood of project success. The study found that the model’s predictive accuracy was 94%. This research is significant in creating a predictive model applicable to infrastructure projects, enhancing project management practices by enabling project teams to evaluate project progress, identify projects in need of corrective action, and ultimately improve project performance, leading to cost and time savings.
- Research Article
- 10.55016/ojs/sppp.v16i1.76089
- Jun 21, 2023
- The School of Public Policy Publications
The proposal to create a Northern Corridor that would allow for cross-country, multi-modal infrastructure development is an ambitious vision (Sulzenko and Fellows 2016; Standing Senate Committee 2017). This proposed infrastructure corridor would incorporate multiple uses, from pipelines to railways, roads, telecommunications, electricity infrastructure and more. Its geographic scale stretches continuously from coastal B.C. across Canada to the Atlantic coast, with spurs running northward to the Arctic Ocean through the Northwest Territories, Nunavut and via Manitoba to Hudson’s Bay. A critical foundation for its successful development will be the ability to appreciate and incorporate the rights of Indigenous peoples affected by the project (Wright 2020; Newman 2022). The goal of this research paper is to outline the law of Indigenous peoples’ land ownership rights, including proven and asserted title, Crown-Indigenous treaty relations and obligations and Indigenous land claims agreements, and to consider the implications for a large-scale infrastructure project like the Northern Corridor.1 The focus is on the legaland regulatory aspects of Indigenous peoples’ land rights within the non-Indigenous Canadian legal system.2 The research paper uses standard legal methods to assess the land ownership rights of Indigenous peoples, drawing on relevant constitutional and statutory provisions, leading cases and secondary literature. The paper proceeds with a brief overview of these distinct types of Indigenous land rights, then provides a more detailed account of the legal content of s. 35 constitutional Aboriginal title, historic and modern treaty rights. This includes discussion of government’s legal duty of consultation and accommodation, and the requirements for constitutionally justified limitation of these rights. Indigenous land ownership rights in reserve lands are also discussed. A series of case studies more fully illustrates the implications of these varied Indigenous land rights for a project like the Northern Corridor. Finally, the paper turns to the dynamic nature of Indigenous rights and the potential influence of the UNDRIP. The implications of Indigenous peoples’ land rights for the proposed Northern Corridor are extensive. While many of the legal obligations fall on the Crown, as represented by provincial, territorial and federal governments, industry proponents must also play a role. Project proponents engage directly with Indigenous land-rights holders and are crucial to the exchange of information, mitigation of project impacts and creation of benefits for Indigenous communities. Successful development of the Northern Corridor infrastructure project requires a partnered approach with affected Indigenous rights- holding communities. Portions of the proposed corridor traverse the traditional territories of Indigenous peoples over which Aboriginal title is claimed. Where Indigenous claimants demonstrate sufficient, exclusive use and occupation of the land prior to Crown claims of sovereignty, title will be established. The legal test for recognizing title is one that reflects both the common law and Aboriginal perspectives, and is sensitive to context. The geographic scope for successful Aboriginal title claims that overlap with the Northern Corridor is significant. Where Indigenous peoples hold title to the land, they are collectively entitled to exclusively enjoy the benefits of that land, and to decide on its uses. Governments or third parties seeking access to the land require consent from the title holders. In the period before title is established, governments authorizing projects like the Northern Corridor, that could negatively impact Aboriginal title, must consult with Indigenous peoples and, when appropriate, accommodate their interests. This is required to maintain the Honour of the Crown. While the legal duty falls on government, project proponents working directly with Indigenous peoples are an important part of the consultation and accommodation process. Governments do retain a legal ability to justifiably limit Aboriginal title. They can pursue projects in the public interest that are consistent with s. 35’s reconciliation purpose, if they meet the requirements of their unique obligations to and relationship with Aboriginal people (the fiduciary duty and Honour of the Crown). This means satisfying the procedural duty to consult and accommodate Aboriginal title holders, pursuing only limits on title that do not damage their long-term relationship with the land, as well as meeting a recently outlined requirement for proportionality. Proportionality means that limits on Aboriginal title must be necessary to achieve the public purpose and must be as minimal as possible, and that the overall public benefit must not be outweighed by negative impacts on title holders. Projects that go forward with participation and consent of Indigenous title holders will meet these requirements. There is also potential for the Northern Corridor to cross reserve lands. Where these remain subject to the Indian Act, one of the relevant statutory mechanisms for access must be used. These require consent from the band and federal government. For bands that have transitioned to management of their reserves under the First National Land Management Act (FNLMA), only consent of the band as set out in its Land Code is required. The Northern Corridor also crosses lands over which Indigenous people hold land rights under the historic “Numbered Treaties.” While the treaties appear to include formal surrenders of Aboriginal title (an interpretation that is contested), continued rights of use over traditional territories are critical elements of these constitutionally binding agreements. Although governments can “take up” surrendered lands for development, this right is subject to a duty to consult Indigenous parties and accommodate impacts on their treaty rights. Governments can justifiably infringe historic treaty rights. This can be done when a permissible objective is pursued in a way that meets government’s fiduciary duty and upholds the Honour of the Crown. The specific requirements can vary, but generally the test is more restrictive when non-commercial treaty rights are at stake and requires some form of priority to be given to these Aboriginal rights. The requirement for justification is triggered when treaty rights are infringed — when a group is deprived of a meaningful ability to exercise its treaty rights within its traditional territory. Recent developments suggest this threshold should be assessed looking to cumulative impacts and that a process for monitoring and addressing these is part of justified limits on these historic treaty rights. Finally, the Northern Corridor also intersects with lands covered by modern treaties. These agreements provide detailed guidance about the specific rights Indigenous parties enjoy, processes for consultation and co-management of the treaty lands as well as interactions between jurisdictional decisions under the treaty and by other levels of government. Courts have outlined a distinctive approach to the modern treaties that recognize their sophistication and the efforts to negotiate these modern governance frameworks to advance reconciliation. Courts would pay close attention to the relevant treaty terms and processes in any dispute over development of the Northern Corridor. Relatively minimal supervision of the modern treaty relationships should be expected from the courts, although the Honour of the Crown and the obligations it places on governments still apply. It is unclear whether justified infringements of modern treaty rights are possible, and whether a stricter constitutional standard would be required. Case studies of recent infrastructure and resource development projects show that while much of the law is clear, outstanding issues remain, and the practical application of the law can be challenging. The sufficiency of consultation can be in doubt on complex projects involving multiple Indigenous communities. Basic issues such as who to consult can emerge when there is overlap between traditional and Indian Act governance structures and both reserves and other land rights are involved. The applicability of Indigenous laws to traditional territories under claims of Aboriginal title and interactions between Indigenous law and jurisdiction and non-Indigenous law and government authority can also be unclear. Many modern projects proceed with the consent and participation of Indigenous peoples, for example, through benefit agreements. These agreements, because of their link to the underlying Aboriginal rights, can engage the Honour of the Crown and the duty to consult if subsequent developments negatively affect benefits under the agreements. In practice, meeting the legal obligations triggered by Indigenous land rights requires direct, good faith engagement with affected Indigenous communities. The best-case scenario is partnered development that proceeds with the consent of Indigenous rights holders. Current case law suggests that projects like the Northern Corridor might go ahead without full consensus, since there is no “veto” implicit in s. 35(1) Aboriginal rights. However, legal requirements for justified infringements, if possible, still require adequate consultation and accommodation of the rights of Indigenous peoples, and support only necessary, minimal limits on their rights. Overall benefits must outweigh negative impacts on Indigenous communities, and their ability to benefit directly from projects or be compensated for harms is generally part of justifying limits on their rights. On the ground, project proponents will be deeply involved in the relationship-building and engagement that is needed to support consensual development, or will meet the high bar for constitutional justification. Determining whether governments’ legal obligations ultimately have been met is done at a detailed, fact-specific level — not in the abstract. There are no leading cases that support constitutional justification of hypothetical, indeterminate public uses such as the proposed Northern Corridor. The law of Indigenous rights is constantly evolving. Over the lifespan of a project like the Northern Corridor, change would be certain. Canadian approval of the UNDRIP and recent federal and provincial legislation committing to bring Canadian law into compliance are important signals of future development. The UNDRIP embraces a model of Indigenous rights grounded in self-determination and its standard of “free, prior, informed consent” appears to reflect the ability of Indigenous peoples to make their own decisions about projects that impact their rights. The legal implications of the UNDRIP for s. 35 and Indigenous land rights in Canada remain to be seen. As with modern treaties and the FNLMA, it represents a resurgence in Indigenous peoples’ rights to play a direct role in governing their traditional lands and bringing their own laws to bear on developments that impact their lands and rights. Co-management and shared governance frameworks that integrate Indigenous rights holders will likely be key to successful future project development. For a proposal like the Northern Corridor, further study is required to fully appreciate the implications of these nascent developments and consider how they should be reflected in the project proposal.
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