Key points
- A study argues Canada’s constitution could be interpreted to protect an Indigenous right to an unobscured night sky under freedom of religion laws.
- Large satellite constellations could interfere with Indigenous traditions that rely on stars for navigation, spirituality and ancestral storytelling.
- Researchers say governments should require Indigenous input and “dark sky” impact assessments before approving large satellite networks.
SpaceX's Starlink satellite constellation may be violating the constitutional rights of Indigenous people in Canada by obscuring the night sky, a new study argues.
The paper, published in the Annals of Air and Space Law, says Canada's constitution could support an Indigenous right to an unobscured night sky – or as the authors put it, “a right to the night”.
This would require the Canadian government to consult Indigenous communities before approving large-scale satellite projects which may affect Indigenous rights to religious practices and navigation.
SpaceX's Starlink constellation has about 10,500 satellites in orbit, with another one million proposed, while other major satellite providers are building competing systems composed of thousands of satellites.
Astronomers estimate that in less than a decade, one in every 14 points of light in the night sky will be a satellite.
This exponential growth could have implications for Indigenous communities around the world who have used the night sky as a map for navigation or as a source of religious connection to their ancestors, historical teachings, and gods.
In Canada, well-known examples of Indigenous connections to the night sky include the Inuit using stars to navigate the Arctic tundra during winter. The Cree have spiritual stories linked to certain constellations, and the Anishinaabe regard stars as sacred ancestors.
As Canada is home to over 630 Indigenous communities, each with a unique connection and history with their night sky, the Indigenous rights that could be affected would be varied and unique to each community.
Under international space law, countries – not companies – are liable for harm caused by their space objects.
As a result, governments regulate space companies through detailed project planning and licensing procedures. However, these regimes rarely include Indigenous perspectives in the planning, development, or mission deployment stages.
"Megaconstellations pose a direct challenge to Indigenous cultural and spiritual practices," wrote Bond University’s Gregory Radisic alongside co-author Natalie Gillespie.
"The impacts of astrocolonialism are being exacerbated by the exponential pace at which the commercial space industry is growing."
The authors of the study, both Canadian lawyers, tested their legal theory under two sections of Canada's constitution.
They found section 2(a) of the Constitution Act 1982, which guarantees freedom of religion, offered the strongest legal argument on the right to an unobscured night sky.
If recognised, the right would impose a legal duty on the Canadian government to consult and even accommodate Indigenous people in space-related policymaking.
The authors called on the Canadian Government to establish a Consultative Council on Space and Culture in partnership with the Assembly of First Nations, and to introduce “Dark-Skies Impact Assessment” requirements for new satellite proposals.
“Dark Skies Impact Assessment would not be designed as a veto tool to prevent space development," the authors said.
“It would ideally clarify trade-offs to indigenous and scientific stakeholders, all to improve decision-making with regards to satellite projects.”
The term “astrocolonialism” has been used to describe the disregard of Indigenous perspectives in astronomy and outer space activities.
So far, no government worldwide has taken action to consult Indigenous communities on the cultural impact of satellite projects.