Western Indigenous Consultation & Engagement

As reconciliation continues, Indigenous rights holders and First Nations are increasingly demanding longer-lasting equity partnerships with the natural resources developers and are increasingly establishing themselves as owners of projects. This panel will dive deep into one of the first equity partnerships:

• Exploring the loan program available through the Alberta Indigenous Opportunities Corporation and existing equity partnerships
• Understanding when an application to AIOC is right for your project, community or Nation
• Lessons learned from the Athabasca Trunkline project, the equity partnership between twenty-three First Nation and Métis communities and Enbridge
• Advancing Indigenous economic sovereignty as a standard for the future

Building off the introduction and on-the ground exploration of equity partnerships, this follow up session will detail the specific commercial and regulatory considerations of different business models to help you assess which is the best fit for your project. Topics of discussion include:

• Understanding the legal framework for Indigenous ownership and the implications of different ownership and partnership models
• Navigating regulatory and tax challenges, including differences in requirements for various Indigenous land regimes
• Choosing the right partnership structure and identifying the criteria for selecting between joint ventures, equity partnerships, and other agreements based on project scale, community priorities, and governance requirements
• Assessing risk and return on investment in Joint Ventures by examining the financial and operational considerations

This session will analyze the Blueberry River First Nations (BRFN) decision, its implications for cumulative effects assessment, and its impact on treaty rights and resource development across Canada. Panelists will explore how this decision redefines government and industry responsibilities and what it means for future project approvals and the protection of land. Topics of discussion include:

• Assessing the 2021 Yahey v British Columbia decision and the subsequent January 2023 Blueberry River First Nations-Province of BC Implementation Agreement
  • Reviewing the court’s findings on how cumulative effects from decades of industrial development in BRFN’s territory have significantly diminished their treaty rights to hunt, fish, and trap
  • Analyzing of the court’s interpretation of cumulative effects and why existing regulatory processes failed to protect treaty rights
• Understanding the broader significance of the decision and the Implementation Agreement for Treaty 8 and other First Nations, especially in terms of how treaty rights must be preserved within a holistic and sustainable landscape
• Examining the new requirements and expectations set out by the decision:
  • Mandatory consideration of cumulative effects in both environmental assessments and resource development projects
  • Practical guidance on incorporating cumulative impact analysis to avoid treaty rights infringement and potential legal challenges
• Deconstructing the challenge to the “approval” of Gundy High Value 1 Plan
• What does the removal of the New Disturbance cap mean for cumulative effects assessments?
• Progress update on BRFN’s Notice of Civil Claim against the province, filed in July 2024

This session will explore the far-reaching consequences of the Supreme Court’s 2023 ruling on the federal Impact Assessment Act (IAA) and the proposed amendments aimed at reconciling federal and provincial jurisdiction. Speakers will emphasize how these changes reshape the landscape of natural resource project development, particularly in relation to Indigenous rights, cumulative effects assessment, and the role of Indigenous-led processes. Topics of discussion will include:

• Setting the stage by reviewing why the Supreme Court found the IAA unconstitutional and summarizing the proposed amendments to the IAA
  • E.g., narrowing the scope of federal oversight, redefining “effects within federal jurisdiction,” and implications for project reviews
• Identifying the opportunities for how Indigenous communities can leverage the amendments to strengthen their participation in project approvals and ensure better protection of their rights
• Understanding the impact that the proposed amendments may have on natural resources project development and environmental assessments:
  • How the reduced federal oversight and streamlined processes may expedite project approvals for industries such as mining, energy, and forestry
  • Identifying potential risks and benefits for project developers navigating both provincial and federal requirements under the new framework

Get the latest insights on the Federal Government’s United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Action Plan 2023-2028. The speaker will review the TRC’s Call to Action 43, and analyze key highlights of the Action Plan, highlighting the federal government’s progress toward fulfilling the TRC’s recommendations and implementing UNDRIP in Canada. Topics of discussion will include:

• Reviewing the TRC’s Call to Action 43 and the federal government’s approach to fulfilling the TRC’s recommendations
• Analyzing the key highlights of Action Plan and update on the progress and implementation
• Exploring the anticipated impact on the duty to consult

The 2019 enactment of BC’s Declaration on the Rights of Indigenous Peoples Act (DRIPA) generally received positive recognition as a concrete step towards advancing reconciliation. Five years later, the Gitxaala case finally referenced DRIPA in a way that surprised many. Therefore, this session will critically analyze the Declaration on the Rights of Indigenous Peoples Act (DRIPA) in British Columbia by exploring the Gitxaala case and asking whether DRIPA represents a meaningful commitment to Indigenous rights or is merely another unfulfilled promise. Topics of discussion include:

• Analyzing the original objectives of Declaration on the Rights of Indigenous Peoples Act (DRIPA) and how they do or do not align with the lived experiences of Indigenous Peoples in BC, highlighting any gaps between policy and practice​
• Evaluating how DRIPA has influenced Indigenous governance structures and decision-making processes, including any advancements or setbacks in autonomy and rights recognition
• Exploring why the B.C. Supreme Court determined it has no role in enforcing DRIPA
  • Providing insights into the ongoing challenges and opportunities for Indigenous Peoples to use DRIPA to meaningfully advance rights
• Discussing what meaningful change looks like and the steps necessary to ensure that DRIPA fulfills its promise to Indigenous Peoples, including recommendations for more robust engagement and accountability mechanisms

In this special moderated roundtable, an Inuit speaker, Métis speaker, and First Nations speaker from a Treaty and non-Treaty land will each discuss their culture, history, and priorities with respect to developing natural resources. Although they are not speaking on behalf of all Inuit, Métis, and First Nations, this roundtable will create an opportunity to deepen relationships by highlighting the uniqueness of each group.

Topics of discussion include:

• Defining cultural identity and the role of historical experiences in shaping their worldview today
• Exploring the relationship between land, natural resources, and spiritual practices, and how this impacts decisions regarding land and resource management
• Shaping governance structures through traditional practices and identifying unique approaches to leadership and decision-making
• Balancing economic development with environmental stewardship and cultural preservation when extracting natural resources
• Understanding the key priorities in consultation, consent, and participating in decision-making processes in the context of resource development

The conference co-chairs will share final thoughts and insights with the attendees. From there, attendees will be invited to join one of four talking circles to check in with themselves and with fellow attendees.

Grab refreshments, visit the Indigenous market, and connect informally with the other attendees and speakers before day two of the main event begins!

This panel will examine the underlying causes of the disconnect between job availability and employability in the natural resources sector, focusing on actionable steps that industry, government, and Indigenous communities can take to create sustainable, long-term employment opportunities. Topics of discussion include:

• Explaining the cultural challenges many Indigenous workers face in transitioning to a Western work culture, including work protocols, punctuality, and communication styles
• Identifying other factors affecting Indigenous employment, such as access to education, transportation to job sites, mental health services, and systemic discrimination
  • How do these barriers further widen the labour gap?
• Assessing the effectiveness of existing training programs offered by industry and government
  • What is being missed in equipping workers with both technical and soft skills?
• Unpacking the role of IBAs in securing employment
  • Are these agreements living up to their potential, or are they overlooking critical components of workforce readiness?
• Strategizing how industry and government can take more responsibility for setting Indigenous workers up for success
  • Implementing policy changes, investment in training, community support systems, mentorship, cultural sensitivity training for employers, and more

• Developing good governance and finance practices
• Analyzing how Indigenous ownership changes the consultation and regulatory approval process
  • Examining the challenges that arise when signing Indigenous communities as co-owners of a project
• Liaising and building relationships with necessary rights holders, government partners and organizations
• Identifying and capitalizing on the corporate and tax considerations unique to Indigenous owned projects

In 2023, the Gitxaala and Ehattesaht Nations won a key legal challenge against BC’s mining permit system, while Ontario faces similar court battles following Premier Doug Ford’s mining push. Ontario’s Mining Act does not require consultation with First Nations, sparking disputes over the duty to consult, FPIC, and meaningful Environmental Assessments (EA). This panel will examine these legal and environmental tensions. Topics of discussion include:

• Unpacking free prior and informed consent
  • Defining the concept of FPIC as recognized under international law and Indigenous frameworks
  • Exploring its critical role in safeguarding Indigenous sovereignty and self-determination
• Analyzing the legal challenges to Ontario’s Mining Act and anticipating the implications of these challenges on future resource development and Indigenous rights
• Defining “meaningful consultation” in the Environmental Assessment process
  • Canvassing the complexities and limitations of delegating the duty to consult during the EA process to companies
  • Addressing how disagreements within and between First Nations communities can complicate the FPIC and consultation process

Resource development projects in energy and mining require more than just regulatory compliance; they demand genuine, long-term partnerships. In this session, industry speakers will share real-world experiences and practical examples of what meaningful engagement and respectful consultation with Indigenous communities must look like. Topics of discussion will include:

• Exploring recent and ongoing natural resources projects and highlighting some of the challenges encountered during engagement or consultation
• Sharing examples of adapting approaches to address the specific concerns of Indigenous communities
• Drawing from real-life experiences of genuine or meaningful engagement and consultation
• Offering insights on how other industry professionals can lead with authenticity and respect in all their dealings with Indigenous communities

As cumulative impacts, such as those exacerbated by climate change, become increasingly prevalent, it is imperative to incorporate both scientific and Indigenous Traditional Knowledge (ITK) into early-stage consultation processes. By effectively integrating ITK into legal, policy, and decision-making frameworks, the ability to address complex environmental challenges is significantly enhanced – which involves much more than ticking off a box in the consultation checklist. Topics of discussion will include:

• Developing practical strategies for translating ITK into actionable legal and policy recommendations
• Designing consultation processes that prioritize and effectively utilize ITK to inform decision-making
• Establishing frameworks for incorporating ITK into environmental and climate-related assessments and planning

In this special moderated roundtable, an Inuit speaker, Métis speaker, and First Nations speaker from a Treaty and non-Treaty land will each discuss their culture, history, and priorities with respect to developing natural resources. Although they are not speaking on behalf of all Inuit, Métis, and First Nations, this roundtable will create an opportunity to deepen relationships by highlighting the uniqueness of each group. Topics discussed include:

• Defining cultural identity and the role of historical experiences in shaping their worldview today
• Exploring the relationship between land, natural resources, and spiritual practices, and how this impacts decisions regarding land and resource management
• Shaping governance structures through traditional practices and identifying unique approaches to leadership and decision-making
• Balancing economic development with environmental stewardship and cultural preservation when extracting natural resources
• Understanding the key priorities in consultation, consent, and participating in decision-making processes in the context of resource development

Data sovereignty refers to Indigenous Peoples’ rights to control, access, manage, and own data related to their communities, lands, and cultures. It is rooted in their inherent governance rights, and its exclusion perpetuates colonial practices. Government and industry can build stronger relationships by respecting these rights, and this session will explore how. Topics of discussion include:

• Defining Indigenous data
• Understanding how existing principles within the open data movement endorse data sharing among entities while ignoring power differentials and colonial history
• Aligning data collection and information management strategies with the practices and cultures of the Indigenous Nations, communities, or Peoples who are represented in the data
• Ensuring that Indigenous communities, Nations, and individuals are active partners and not subjects in the overall research process
• Distilling best practices from the CARE Principles for Indigenous Data Governance and the OCAP (ownership, control, access, possession) principles

The conference co-chairs will share final thoughts and insights with the attendees. From there, attendees will be invited to join a talking circle before the event concludes.