Pathway to Economic Reconciliation

The piece below was part of the Reconciliation Writers' Series Global Public Affairs has recently created. The writers' series aims to regularly profile perspectives, insights, and learnings will help us better understand the past and inform future actions related to reconciliation with Canada's Indigenous Peoples. This is my view on how we can work toward a better future.

A few years ago, I stood on the shore of Lake Nipigon to be part of a formal apology to the Kiashke Zaaging Anishinaabek for flooding the community decades before to build a hydro dam. It was heartbreaking to hear elders speak about seeing their burial grounds destroyed and watching the bones of their ancestors wash up on the beach. They spoke of watching food sources like fish and rice disappear and how their traditional way of life had been destroyed by something the builders of this power plant?felt was an “engineering marvel for the broader public good.”

?But from this apology and many like it, the company slowly rebuilt trust and created relationships based on respect. In time, this led to new partnerships that are benefitting communities. A monument on the Kiashke Zaaging Anishinaabek reserve says, “With the acceptance of this apology for the errors of the past, we now embark together on a new path.”

?I thought of that day and that line when I recently read a piece by Alicia Dubois, Tabatha Bull, Mark Podlasly, J.P. Gladu and Kim Baird for the Public Policy Forum. The report indicated that “the best way of getting free prior and informed consent is to have a true partnership and true ownership with Indigenous partners.”

Imagine how different Canada would be today if we had thought this way from the beginning?

As a non-Indigenous person, it’s not for me to speak for Indigenous peoples, but as part of Corporate Canada, I submit that this message is an important one that needs to be heard, understood and acted upon quickly.

Many Canadian companies, especially those in the resource sector, were early adopters of this mindset and for decades, have made attempts to foster economic reconciliation. But there is so much more to do and what companies thought to be sufficient before is not enough today. It is increasingly apparent that companies outside the resource world also need to recognize that they should play a role in reconciliation by respectfully looking for partnerships, helping with training and capacity and identifying the business advantages within Canada and abroad of working towards true economic reconciliation.

While long overdue, the past months have created a sense of urgency for Canadians that’s not been seen before. A recent Nanos poll found 52 per cent of Canadians see reconciliation efforts as a factor in influencing their votes. ?The last few months have increased the need for Corporate Canada to look closely at their programs that involve Indigenous peoples, and more importantly, their mindset towards their relationship with Indigenous peoples. I

These events included:

·??????The ongoing discovery of unmarked graves of Indigenous children on the sites of former residential “schools.”

·??????The passage of federal Bill C-5, which creates the National Day for Truth and Reconciliation. This new statutory holiday was called for by the Truth and Reconciliation Commission and honours the survivors, their families and communities of residential “schools” and ensures the history and ongoing legacy of these “schools” is recognized by all people in Canada.

·??????The passage of federal Bill C-15, United Nations Declaration on the Rights of Indigenous Peoples Act, recognizing the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP) as law in Canada and the similar legislation and implementation of the action plan in British Columbia.

·??????The establishment of September 30 as a National Day of Reconciliation.

·??????The appointment of Mary Simon, the first Indigenous Governor General of Canada.

·??????The establishment of the Burrard Inlet Environmental Science and Stewardship Agreement between Tsleil-Waututh and Canada and a fund that will, in the words of Chief Jennifer Thomas, “allow our Treaty, Lands, and Resources staff to plan work based on Tsleil-Waututh needs, priorities and timelines, rather than planning around precarious external funding for activities defined by others.”

·??????Two court decisions, Yahey vs British Columbia and the Supreme Court of Canada, decision Southwind vs Canada, establish precedents for governments and firms to revisit permits and compensation for existing projects.

In the Yahey decision, which the BC government will not appeal, the court decided that the Crown had violated the Blueberry River First Nation’ treaty rights by failing to consider the cumulative impacts of numerous resource projects on their territory. Blueberry River First Nation responded by affirming they are not opposed to development but want to ensure their active participation in projects and that projects met their environmental standards and their place as “stewards” of the land.?This raises a lot of questions and issues to be resolved. Notably, what happens to the projects that are already on the territory?

The Lac Seul First Nation case can lay out terms for compensation on projects already in place. In this case, for a power dam that was built decades ago. The Supreme Court ruled that the Crown had a fiduciary duty to compensate the First Nation based on the value of the hydro project, not simply a payment for expropriation and flooding. The court didn’t say what the amount of this compensation should be, instead referring the matter to a lower court to decide, so the outcome will be worth noting.

I am interested in the Lac Seul case, as I worked at Ontario Power Generation (OPG), the company that built the dams and flooded the land. In the late 1990s, a visionary named Sam Horton launched a past grievance process that attempted to right the wrongs of the past. Through the years, the company completed 23 agreements, and I was proud to be the signatory to the final two at the time. Among the agreements was one with Lac Seul First Nation and this eventually led to a partnership on a new power project in the region. The Crown had a parallel process that was the subject of the Supreme Court Decision. Combined with the federal UNDRIP legislation – these two court decisions should be of particular importance to industry and all Canadians. The UNDRIP legislation recognizes the rights of Indigenous peoples to provide “free, prior and informed consent” regarding projects on their lands. And while the Government of Canada maintains this does not constitute a “veto” many feel this will become a de facto veto. It will be crucial for industries, government and Indigenous communities to work closely to determine the process for providing and receiving consent.

In recent years many companies have concluded that new projects must include revenue sharing, equity or partnership. The understand projects must also create jobs, provide training, build local capacity to operate businesses and create l lasting benefits. They know that genuine consultation, early engagement, openness to partnerships and willingness to listen will increase the prospects of project success. ?But there is clearly more to do.

So, where does this leave Canadian companies?

In my mind, we are all heading to a better place, one where Indigenous people, the government and companies and all Canadian can work together to create relationships based on trust and respect. But we can only do this by recognizing the past and making proper efforts to address the wrongs.

Corporate Canada must look hard at themselves and their attitudes. In their book, “Insights: Tips and Suggestions to Make Reconciliation a Reality,” they propose these questions as a starting point. ?“Are you and your staff comfortable working with Indigenous People?” and “Does your company support the practice of recognition and respect of constitutionally protected Aboriginal Rights?”

If the answer is not a clear and resounding “Yes” companies know they need to create a new corporate culture.

Change is hard.?And for some it may seem things are “moving too fast.” But for the hundreds of thousands of Indigenous peoples in Canada, this is a result that’s been centuries in the making and we need to catch up. And this includes not just the private sector but governments at all levels who must recognize that they infrastructure they have put in place is subject to the same tests as those of the private sector and that their regulatory review processes must facilitate the kind of consultation that leads to mutual benefits to all parties.

?Indigenous rights go back to the 1700s, before Canada was a nation. These rights were the subject of numerous treaties, have been enshrined in the constitution and affirmed by numerous court decisions.?So, anyone who thinks this is something “new”, simply hasn’t been paying attention.