Megaconstellations and Astrocolonialism: Does an Indigenous Right to the Night Sky Exist in Canada?

The United Nations Office for Outer Space Affairs notes that 100,000 new satellites could be launched over the next decade. However, an increased number of satellites in orbit also carries an increased obfuscation of the night sky. Canadian astronomers have predicted that, in less than a decade, one in every 14 points of light in the night sky will be a moving satellite. Advocates of dark skies have called the growth of satellite megaconstellations a direct form of "astrocolonialism" as these networks obscure the night sky and Indigenous traditions that depend on it. The night sky has traditionally served as a map, clock, and calendar to Indigenous communities since time immemorial - and has become a core aspect of many communities' spirituality and cultural practices. Every Indigenous group has their own unique interpretations and knowledge of
the night sky, but a commonality is that Indigenous astronomies speak to
a connection to the land and to the people. While there have been increasing conversations within the space industry about the inclusion of Indigenous voices in space efforts, no direct action has been taken by the Government of Canada at this point. This article will argue that a limited Indigenous right to an unobscured night sky can be recognized and enforced in Canada using the protections afforded to Indigenous Peoples under the Constitution. Recognizing this Aboriginal right creates a legal onus on the Government of Canada to consult with Indigenous communities on the development of future orbital projects and the impact of their orbital pathways. This constitutional duty to consult with Indigenous Peoples who are affected by Canadian orbital projects would also carry a constitutional duty to accommodate Indigenous Peoples so
that they may continue their spiritual and cultural practices amidst the increasing satellite pollution of the night sky.