Honouring the Truth Reconciling for the Future

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358 • Truth & Reconciliation CommissionCanadians. Corporations invest time and resources in developing large-scale projectsthat create jobs and aim to produce profits for their shareholders. Although the corporatesector is not a direct party to Treaty and land-claims agreement negotiations,industry and business play an extremely significant role in how the economic, social,and cultural aspects of reconciliation are addressed, including the extent to whichopportunities and benefits are truly shared with Indigenous peoples and the environmentof traditional homelands is safeguarded.The 1996 Report of the Royal Commission on Aboriginal Peoples noted that, historically,land and resource development activities, such as hydroelectric dams,mines, and agricultural and urban development, have had many adverse impactson Aboriginal communities. Communities were not consulted before they were relocatedfrom their vast traditional territories to much smaller, more remote, and morecrowded reserves to make way for government and industrial land and resourcedevelopment projects. Even when they were not relocated, Aboriginal peoples wereeconomically marginalized in their own homelands when irreversible environmentaldamage was done in the name of ‘progress.’ All too often, economic developmenthas disrupted Indigenous peoples’ cultural, spiritual, and economic ties to the land,resulting in the devastation of traditional economies and self-sufficiency, communitytrauma, public welfare dependency, and poor health and socio-political outcomes. 270In the post-rcap period, the Supreme Court of Canada has developed a body of lawon the federal, provincial, and territorial governments’ duty to consult with Aboriginalpeoples where land and resource development might infringe on their Aboriginal orTreaty rights. 271 The court has ruled that governments can still infringe on Aboriginalrights if it can demonstrate that it is in the broader public interest to do so. In theDelgamuukw case, the court described the nature of that public interest:[T]he development of agriculture, forestry, mining and hydroelectric power, thegeneral economic development of the interior of British Columbia, protectionof the environment or endangered species, the building of infrastructure andthe settlement of foreign populations to support those aims, are the kinds ofobjectives that are consistent with this purpose and, in principle, can justify theinfringement of aboriginal title. 272Governments must also demonstrate that any infringement of Aboriginal rights isconsistent with the Crown’s fiduciary duty towards Aboriginal peoples and upholdsthe honour of the Crown. To meet these legal obligations, governments in all jurisdictionshave developed Aboriginal consultation policies.Although the court has ruled that the duty to consult rests solely with governments,it has also said that “the Crown may delegate procedural aspects of consultation toindustry proponents seeking a particular development.” 273 On a practical level, thebusiness risks associated with legal uncertainty created by the duty to consult havemotivated industry proponents to negotiate with Aboriginal communities to establish
The challenge of reconciliation • 359a range of mechanisms designed to ensure that Aboriginal peoples benefit directly fromeconomic development projects in their traditional territories. These may include, forexample, joint venture business partnerships; impact and benefit agreements; revenue-sharingagreements; and education, training, and job opportunities. 274Between 2012 and 2014, several reports highlighted the fact that Canada is onceagain facing significant challenges and potential opportunities related to land andresource development. Economic reconciliation will require finding common groundthat balances the respective rights, legal interests, and needs of Aboriginal peoples,governments, and industry in the face of climate change and competitive globalmarkets. In addition to the concrete remedial measures required, these reports alsoemphasized the importance of so-called soft skills—establishing trust, engagingcommunities, resolving conflicts, and building mutually beneficial partnerships—toadvance reconciliation.In 2012, Canada’s Public Policy Forum, a non-profit organization, held a series ofsix regional dialogues across the country, bringing together Aboriginal leaders; seniorfederal, provincial, and territorial government officials; and representatives fromindustry, business, and financial institutions. The purposes of the dialogues wereto discuss issues, identify best practices, and make recommendations for action onhow to ensure that Aboriginal communities benefit from large-scale resource developmentprojects. The resulting report, “Building Authentic Partnerships: AboriginalParticipation in Major Resource Development Opportunities,” identified five keyopportunities for action: (1) developing authentic partnerships among Aboriginalcommunities, industry, governments, and academic institutions by building trust;(2) developing human capital by removing barriers to education, training, and skillsdevelopment for Aboriginal entrepreneurs, workers, and leaders; (3) enhancing communitycontrol over decision making; (4) promoting entrepreneurship and businessdevelopment; and (5) increasing financial participation. 275 The report concluded:Natural resource companies are recognizing that their operational successrelies on strong, authentic community engagement. Private sector initiativeshave already demonstrated positive examples in areas such as revenue sharing,skills training, and business development for Aboriginal communities. Nowcorporations and governments need to build on these successes to keep up withthe rapid pace of development, moving beyond superficial consultations towardgenuine engagement. Aboriginal communities must also play a leadership roleto help forge these relationships, to develop local and adaptive solutions that willbe essential to success. 276In November 2013, after eight months of consultations with representatives fromAboriginal communities, industry, and local and provincial governments in BritishColumbia and Alberta, Douglas Eyford, Canada’s special representative on west-coastenergy infrastructure, issued his report to the prime minister. “Forging Partnerships,
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Honouring the Truth Reconciling for the Future

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