b'INFRASTRUCTURE DEVELOPMENTCuguen, spokesperson with the Privy Council Office (PCO).DUTY TO CONSULTThis urgency is shared by investors, provinces and territories as well as theFollowing three Supreme Court of Canada decisions, in 2004 and business community, which has been2005, the Crown has a legal obligation to consult and, where required, vocal in stating that it is usually too diffi- accommodate Indigenous Peoples before any decisions are made that cult and takes too long to build econom- could breach Indigenous and treaty rights. ically feasible projects in Canada. Canadas Indigenous communities areAll levels of governmentfederal, provincial and territorialmust adhere also on board, says Desjarlais. Many areto this obligation, which is especially relevant for projects that impact aligned with the idea that more projectsaccess to land, water and resources. What does not exist, however, is a mean more opportunities to expandstandardized consultation process, especially at the provincial level, and on source revenues that have beenwhile the legal obligation to consult is there, it is not always being fulfilled. critical to them. They help generate socioeconomic benefits, investments,As well, the burden of proof of a claim to rights relies on Indigenous infrastructureandlanguageandPeoples, and consultation is just that: a discussion and dialogue with culture programming.no guaranteed outcome. Problems to date have included inconsistent interpretation and implementation, lack of informed consent as part of Resource development projects arethe process, and a lack of resources and expertise on the part of some significant contributors torevenues,communities to fully engage in the process.and there are many reasons why its incredibly important to explore, mobi-lize and develop, Desjarlais notes. However, the government must engageparties, undoing the progress Canada DUTY TO CONSULT with First Nations not just quickly, but in aand its industry players have made The challenge lies in balancing the drivemanner that is respectful and groundedon Call to Action #92 of the Truth and to fast-track projects with the essen- in rights, insists Katherine Koostachin,Reconciliation Commission (TRC). They tial duty to consult and engage withvicepresidentofIndigenouscan ultimately create a greater divide Indigenous partners and communitiesRelationsandReconciliationwithamongIndigenousPeoples,their whose land these projects are beingSussex Strategy Group.respective government partners, and built on. (For more on the duty to consult,industry players at large.see sidebar.) The call for accelerated projects should not present a loophole to bypass orAt that point, were likely to see more There is growing pressure to rapidlylighten the important duty to consultactivism, warns Desjarlais. There have create jobs and build infrastructurewith Indigenous groups. Taking short- already been threats, blockades and in response to U.S. geopolitical andcuts on the path to building trust withprotests. That erodes trust, and if proj-economic threats, leading to a moreIndigenous communities comes withects move forward without equitable reactiveanduncertainapproach.considerable risks that can impact allagreements, resistance will continue, Transforming Visions into Buildings.BUILDING WITH FIRST NATIONS COMMUNITIES ACROSS CANADACONTACT US647.888.3860resumes@buttcon.comwww.buttcon.comIndigenous BUSINESS REPORT35'