The meaningful engagement of First Nations, Inuit and Métis in major energy projects can lead to constructive partnerships with socioeconomic and environmental benefits for Canada. Furthermore, Indigenous engagement practices are guided by established Canadian and international law and policy, including the Crown’s duty to consult, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Principles respecting the Government of Canada's relationship with Indigenous peoples.

Indigenous Consultation

The Crown has a duty to consult and, where appropriate, accommodate Indigenous peoples when it considers conduct that might adversely impact potential or established Aboriginal or treaty rights. Meaningful consultation entails early and ongoing engagement in good faith, with the intent of securing free, prior and informed consent (FPIC). Witnesses highlighted the following best practices for Indigenous consultation on major energy projects:

• 1) Engaging local governments and communities as early as possible, preferably at the project conceptualization or design phase;
• 2) Continuing to engage throughout the full life-cycle of the project, with the intent of building trust, maintaining local support and addressing new or lingering concerns;
• 3) Creating (or updating) regional industrial development protocols that facilitate early engagement;
• 4) Approaching affected groups collectively, without preconceived ideas about the outcome of consultations;
• 5) Identifying areas of alignment prior to engagement, with good knowledge of the history, culture, treaty rights and socioeconomic priorities of each nation or community;
• 6) Cultivating a safe and respectful negotiation environment where both positive and negative feedback is encouraged and addressed, free of intimidation, coercion, manipulation, harassment, prejudice and divisiveness;
• 7) Enhancing local decision-making capacity by disseminating community-wide resources that promote energy and business literacy, engaging independent specialists to assist with impact and risk assessments, and providing participant funding and administrative support, where needed;
• 8) Consulting participants of all genders, ages, physical/mental abilities, education levels and social statuses; and
• 9) Accommodating oral traditional evidence (OTE) and other forms of communication and engagement, based on advice from local experts.

Indigenous Partnership

Energy development partnerships go beyond the Crown’s duty to consult Indigenous peoples. They entail co-development through mutually beneficial business arrangements, such as public-private partnerships, impact benefit agreements, equity partnerships and joint ventures. Meaningful Indigenous partnerships should value and encourage the application of traditional knowledge, while promoting both environmental stewardship and long-term socioeconomic opportunities for the benefit of diverse communities and social groups. Witnesses outlined the following best practices in this regard:

• 1) Incorporating Indigenous knowledge, expertise and best practices in the development, design and implementation of project-related policies, consultations, monitoring activities, and risk assessment and management strategies;
• 2) Conducting Indigenous-led impact assessments – preferably in Indigenous languages – that take into account local socioeconomic and cultural priorities, not just environmental impacts;
• 3) Fostering information alignment and knowledge co-production between Indigenous peoples and non-Indigenous stakeholders;
• 4) Negotiating mutually beneficial Indigenous-industry agreements that deliver measurable outcomes, including long-term employment, education/skills training, youth scholarships and other socioeconomic, cultural and environmental benefits, as needed;
• 5) Establishing procurement policies that support Indigenous-led businesses, goods and services, similar to Australia’s Indigenous Procurement Policy;
• 6) Investing in heritage trust funds to ensure that the revenue generated from the development of non-renewable energy resources benefits both current and future generations;
• 7) Supporting the development of transportation and communication infrastructure to enable sustainable resource development in remote and rural areas, especially in the provincial and territorial north;
• 8) Encouraging the development of community-owned and operated utilities through public-private partnerships and regional cooperatives; and
• 9) Settling outstanding land claims and, where needed, modernizing existing land claim agreements with the aim of strengthening Canada’s industrial development framework for the benefit of all.

Indigenous-Led Development

All peoples have the right to self-determination, and to freely pursue their economic, social and cultural development. To this end, Indigenous-led development is considered the “preferred model” for the development of Indigenous lands and resources. Moreover, First Nations, Inuit and Métis businesses and entrepreneurs are an asset for the energy sector and wider economy. Promoting Indigenous-based investment opportunities, business-to-business trade and international cooperation would be of benefit to all Canadians.