There is definitely a significant gap in the enforcement of these guidelines. This is one of the problems we see around the world. We often have good laws but weak institutions for upholding those laws. The problem is multiplied when you have indigenous peoples who are the subject of so much racism and discrimination who are at such a great disadvantage in accessing legal mechanisms as this problem plays out over and over again.
There are interesting examples within the IFC system. IFC has published reports on how they've examined and made decisions about funding to particular projects. Chief Laboucan-Avirom talked about the issue of the provincial border being the cut-off point for consultation. Prior to the current guidelines, under their earlier, weaker guidelines, there's actually a case where the IFC looked at the fact that who was being consulted about the downstream impacts of the mining project was arbitrarily limited. They actually stepped in and withheld funding for that very fundamental reason. We do see some examples of enforcement around some basic principles.
My basic advice to the Government of Canada specifically about these performance standards is that there's a fundamental contradiction in being part of advocating for and holding Canadian corporations abroad to this standard through an institution that we helped govern and not having comparable standards in Canada. I think the goal of harmonization and consistency across borders is a good one, but we should seek to harmonize upward rather than downward. This standard is not an ideal standard, but we certainly shouldn't be falling below it domestically. A key piece is simply that recognition of consent, not only as a process but as an actual legislative requirement, to say that as a piece of approval there should be documented evidence that consent has in fact been obtained when there is a risk of serious harm. I think this is something perfectly possible to proceed with in Canada. We have a history in Canada of exactly such negotiations with first nations. You can look on Natural Resources Canada's website and it has a list of the vast numbers of impact benefit agreements that have been reached. We have the evidence that agreements can be reached. The difference that's being proposed is to make such an agreement a requirement so it strengthens the hand of indigenous peoples when they are at the table knowing that the other party can't simply walk away.