Insider reveals hidden barrier to fair dealing with Indigenous governments about big-ticket projects.
Whenever there’s a large project in Canada, whether it’s a new mine or major infrastructure, there’s a constitutionally based “duty to consult” with affected Indigenous parties. In the Northwest Territories, where I live, the regulatory boards have done a pretty good job of making sure that consultation is rigorous and that developers and governments fully engage with Indigenous governments.
Ironically, this rigour has led to a situation where meaningful consultation doesn’t currently exist. It’s a problem I know first-hand and one that is too common across the country. How did this happen?
There are a couple of technical bits to this “duty to consult” that need to be understood. Given that my somewhat long-winded job title is Regulatory and Research Specialist for the Yellowknives Dene First Nation Department of Land and Environment, this is the sort of thing I think about daily.