Characterizing good-practice engagement between resource developers and Indigenous communities in Northern Saskatchewan

Abstract

In Canada, natural resource management and environmental decision-making are informed by a multitude of factors, including evolving standards set by duty-to-consult case law; political commitments to reconciliation between non-Indigenous and Indigenous peoples; global standards for corporate social responsibility; and the expectation among many Indigenous communities that they be participants in decision-making and economic development opportunities in their traditional territories. Additionally, the inclusion of Indigenous peoples in natural resource decision-making requires an approach to community engagement that is unique from the status quo. This is because Indigenous peoples in Canada hold rights and interests that are distinct from public stakeholders. These intersecting and dynamic factors can result in ambiguities in the roles and responsibilities of key parties (industry, Indigenous community/government and state government), and can result in poor practices of engagement which can potentially lead to the erosion of relations, local exclusion from economic benefits, and resistance to project development. This research was conducted in partnership with the Lac La Ronge Indian Band’s (LLRIB) Lands and Resources Management Board (LRMB) and SaskPower’s Indigenous Relations office. Its aim was to enhance the capacity of industry, Indigenous communities and government ministries to work collaboratively to generate informed environmental decision-making in Indigenous traditional territory. I carried out a mixed method, qualitative approach that involved participant observation; semi-structured interviews with community members, proponent employees and government employees; as well as group workshops. Analysis of these sources revealed persistent confusion and/or differing perceptions of the duty to consult and accommodate—a legal requirement—and engagement with Indigenous peoples. Perceptions of consultation and engagement are tied to how individuals participate in each process, and inconsistencies in these perceptions can lead to complications in practice. Results also identified critical elements for building ongoing, collaborative and respectful engagement. From these elements, I created a framework of principles and practices for effective engagement between resource developers and Indigenous communities/governments. The framework underscores the importance of recognizing and addressing Indigenous communities as self-determining nations with unique cultures, rights, and histories. It also emphasizes the need to make shared commitments to local social and economic benefits related to environmental decision outcomes, and highlights the importance of relationship-building at personal, professional and business levels. Overall, this work sheds light on the complexities tied to how individuals from private and public companies, Indigenous communities/governments, and provincial ministries perceive engagement and the duty to consult and accommodate. This research also demonstrates that until the policies and procedures that govern environmental decision-making can integrate and reflect Indigenous autonomy and values, the state-led and economic structures that control Indigenous participation in environmental planning and natural resource management will remain inequitable. Finally, this work offers guidance to proponents, Indigenous communities/governments and provincial ministries to support them in making environmental and natural resource decisions that consider a multitude of interests, and that lead to mutually constructive environmental, social and economic outcomes.