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 session will explore the dynamic landscape and importance of Indigenous equity partnerships, including direct insights and lessons learned from existing Indigenous equity partnerships.

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 explore best practices for First Nations to develop and implement consultation strategies that prioritize relationship building, trust, and engaging early in the decision-making process, drawing on both practical, hands-on experience and lessons learned from important duty to consult cases.

• Utilizing early consultation to identify and address concerns before they potentially impact treaty rights or Aboriginal Interests
• Developing a robust consultation framework that generalizes processes and clearly outlines the roles and responsibilities of all parties
• Integrating industry-specific sub-consultation frameworks to enhance the generalized consultative processes
• Using case law to support your position
  • Understanding key duty to consult decisions from court decisions and the Specific Claims Tribunal

Changes to the federal Impact Assessment Act came into force in June 2024. In this discussion, topics of discussion will include:

• Setting the stage by explaining why the Supreme Court of Canada found the previous version of the Impact Assessment Act unconstitutional
• Analyzing the amendments that were proposed following the Supreme Court of Canada decision
• Comparing to the amendments that were passed in June 2024
• Understanding what the amendments mean for ongoing and future projects in major energy, infrastructure, and mining projects
• Understanding how the Impact Assessment Agency of Canada is responding to the amendments
• Adopting best practices for relationship building and moving towards “one project, one assessment”

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 roundtable, a leader from the Métis and leaders from several First Nations (Treaty and non-Treaty) will each discuss their culture, history, and priorities when it comes to developing natural resources. Although they are not speaking on behalf of all First Nations and Métis, this roundtable is nonetheless an opportunity for the audience to learn about the uniqueness of each group and deepen relationships. Topics of discussion include:

Topics of discussion include:

• 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

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:
  • Strengthening governance frameworks to unlock economic opportunities, including exploring new financing models such as the Alberta Indigenous Opportunities Corporation (AIOC) and other innovative options
• Understanding the impact of indigenous ownership on consultation and regulatory approvals:
  • Examining how Indigenous ownership shapes the consultation and approval processes, reflecting a shift away from historical frameworks like the Natural Resources Transfer Agreements (NRTAs)
  • Addressing challenges that arise when Indigenous communities are project co-owners
• Building effective relationships with key stakeholders and rights holders
  • Highlighting the importance of meaningful consultation procedures in land use, development, and governance while fostering strong relationships with rights holders, government partners, and other organizations
• Leveraging corporate and tax considerations for indigenous projects:
  • Identifying opportunities unique to Indigenous-owned projects, including the connection between Additions to Reserve (ATR) processes and the realization of broader economic benefits

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

Building off the previous session on Indigenous Traditional Knowledge, this session will dive deeper into the practices, policies, and regulations that balance environmental protection with natural resource development.

• Understanding the key environmental laws, regulations, and policies
• Addressing the environmental risks posed by resource projects in a changing climate
  • Developing effective plans to offset environmental impacts and rehabilitate ecosystems
  • Exploring innovative approaches to sustainable development and protection from climate change
• Ensuring that regulators, stakeholders and rights holders adhere to environmental standards in resource projects

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.