Thank you very much, Mr. Chair.
My name is Christopher Duschenes. I am the acting Assistant Deputy Minister, Lands and Economic Development, at the departments of Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada.
I am pleased to be here this afternoon. Thank you for welcoming me to the unceded territory of the Algonquin People and for the opportunity to speak.
I would like to offer some perspectives from Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada on overall best practices for engaging with indigenous communities and how other countries turn to Canada as a leader in indigenous consultation.
My colleagues here at the table with me will then speak to you about how they carry out this engagement with respect to major energy projects.
Canada is taking a whole-of-government approach to co-development with indigenous partners to pursue meaningful two-way dialogue. We believe that collaboration is key to achieving enhanced outcomes for the benefit of indigenous communities and the country as a whole.
The Crown's relationship with indigenous communities does not begin when a proponent submits a project proposal. A respectful and meaningful dialogue should be established with the indigenous communities most affected by a potential project as early as possible. Early engagement is key to better outcomes overall for everyone.
There are both legal and moral obligations when it comes to working in partnership in co-development. This includes a mix of what must be done and what makes sense to be done to achieve a desired outcome in a respectful way that is based on joint principles of engagement. When the Crown is undertaking an activity that may adversely affect asserted or established aboriginal or treaty right, such as an energy project, the legal duty to consult and, where appropriate, accommodate indigenous groups comes into play. The duty stems from the honour of the Crown and is derived from section 35 of Canada's Constitution Act, 1982, which recognizes and affirms aboriginal and treaty rights.
Consultation requires good faith efforts and a commitment to meaningful process by both government and the indigenous groups whose rights may be adversely impacted. It must always include consideration of accommodation measures. The role of Crown-Indigenous Relations and Northern Affairs as well as the role of Indigenous Services Canada is complex in this context, and we work directly with indigenous groups while providing guidance as well as tools and advice to support agencies and other federal departments in fulfilling their obligations.
Government officials have to lead by example. The government has indicated that it will fulfill its commitments to implementing the UN Declaration on the Rights of Indigenous Peoples. I will point you particularly to article 28 in the context of economic rights and natural resources. Our engagement is guided by principles respecting the Government of Canada's relationship with indigenous people. I'm sure you've heard of those principles. There are 10 of those principles, and I would like to highlight only four of them at the moment.
The Government of Canada recognizes, in principle number four, that indigenous self-government is part of Canada's evolving system of co-operative federalism and distinct orders of government.
Principle number five is that treaties, agreements and other constructive arrangements between indigenous people and the Crown have been or are intended to be acts of reconciliation based on mutual recognition and respect.
Principle number six, meaningful engagement with indigenous people, aims to secure their free, prior and informed consent when Canada proposes to take actions that impact them and their rights on their lands, territories and resources.
Finally, of the 10 principles, one I would like to highlight is number eight, and it is very relevant to this study, I believe. Reconciliation and self-government require a renewed fiscal relationship developed in collaboration with indigenous nations that promotes a mutually supportive climate for economic partnership and resource development.
In these principles, the Government of Canada acknowledges its commitments to a renewed nation-to-nation, government-to-government and Inuit-Crown relationship that builds on and goes beyond the legal duty to consult. Therefore, while meeting the legal obligations to consult is a must, the Crown-indigenous relationship must move beyond that. Building relationships and trust is absolutely key.
We have found that in complex horizontal consultations there are strong benefits to building teams of officials from the various departments and agencies involved to ensure that information and issues are brought back to those involved and to build an integrated federal response to issues raised during the consultations.
The economic pathways partnership, EPP, brings departments together to make it easier for indigenous groups to access federal economic development programs and services. It is meant to complement the actions being taken by project proponents to support indigenous participation in economic opportunities associated with projects such as the Trans Mountain expansion and Line 3.
With this initiative, the Government of Canada is seeking to develop and deliver a whole-of-government approach to existing federal economic development programs to more effectively respond to the needs of indigenous communities, businesses and organizations. This initiative provides a single point of contact within government, making it easier for indigenous communities, organizations and businesses to be involved in consultation. Our partners have indicated strong support for the EPP approach so far.
We've also found that early engagement and collaboration with provinces, proponents and territories make a big difference. Proponents are key to realizing opportunities in the energy sector. Companies such as Suncor and TransCanada have been pioneers both in hiring indigenous employees and in creating wealth in indigenous communities.
Enhancing capacity also makes a big difference to the overall outcome. Negotiations can be costly and lengthy. It is therefore important to support indigenous groups with the costs associated with negotiations related to economic opportunities, whether those opportunities are identified through official consultations or not.
CIRNAC's and ISC's community opportunity readiness program, CORP, provides project-based funding for first nations and Inuit communities for a range of activities that support economic opportunities. The program can help finance the cash equity the indigenous partner needs to implement a green energy project, for example. Being able to buy shares in certain projects or for businesses to enable first nations to be involved in the management, training, work creation and access to revenue in their communities is supported by CORP.
As an example, the regional CORP budget has provided funding to the Tarquti Energy Corporation, which is a joint venture between the two main economic development organizations in Nunavik, in Arctic Quebec: la Fédération des coopératives du Nouveau-Québec, FCNQ, and Makivik Corporation, the land claim manager. This project aims to move 14 Inuit communities in Nunavik off diesel generators to renewable energy. Various federal departments are collaborating in this initiative alongside the Government of Quebec and Hydro-Québec.
The participant funding program is also worth mentioning. We supported other federal departments in providing participant funding to indigenous groups to enable them to participate in the government's review of environmental and regulatory processes.
To recap, building relationships and trust are key components of meaningful and successful engagement. Some of the ways one can do this are by engaging as early as possible in the decision-making process, by enhancing the capacity of indigenous groups to participate in consultations and negotiations, and by sharing benefits with the community.
I thank you again for the opportunity to speak today. I will now turn to my colleagues from Natural Resources Canada to give their perspective and some specific examples related to projects.