The Usage of Indigenous Languages as a Tool for Meaningful Engagement with Northern Indigenous Governments and Communities
Jenanne Ferguson and Evgeniia (Jen) Sidorova
The School of Public Policy Publications
Volume 15 • Issue 46 • April 2023
Finding common ground among Indigenous peoples, governments and industry on engagement and consultation practices is imperative to the future of resource development and the Canadian economy, and ultimately to the reconciliation of the relationships between Indigenous Peoples and Canada. In this paper, we focus on language, stressing that languages are more than just tools. Rather, all communicative systems also hold both individual and cultural identities, histories and memory, and encode knowledge in specific ways.
Regulatory Alignment for Multi-Modal Infrastructure Corridors
Rowland J. Harrison
The School of Public Policy Publications
Volume 15 • Number 42 • March 2023
This paper reviews whether there are any existing models “for regulatory oversight and approval for multi-modal corridors and the subsequent placement of infrastructure within” that might be appropriate in developing the CNC. The paper concludes that existing models do not include certain of the elements of the CNC Concept as it has evolved to date, nor could any of the models be applied within the framework of Canada’s jurisdictional realities that would govern the CNC.
Indigenous Land Ownership and Title in Canada: Implications for a Northern Corridor
Cherie Metcalf
The School of Public Policy Publications
Volume 15 • Number 10 • March 2023
The goal of this research paper is to outline the law of Indigenous peoples’ land ownership rights, including proven and asserted title, Crown-Indigenous treaty relations and obligations and Indigenous land claims agreements, and to consider the implications for a large-scale infrastructure project like the Northern Corridor. The focus is on the legal and regulatory aspects of Indigenous peoples’ land rights within the non-Indigenous Canadian legal system. It concludes that, for a proposal like the Northern Corridor, further study is required to fully appreciate the implications of these nascent developments and consider how they should be reflected in the project proposal.
Indigenous Land Rights in Australia: Lessons for a Canadian Northern Corridor
Sharon Mascher
The School of Public Policy Publications
Volume 15 • Issue 33 • December 2022
If the CNC is to be a forward-looking, nation-building project, it must be conceptualized in a manner that ensures respect for the rights and interests of Indigenous communities along the corridor. Given its shared British colonial history with Canada, Australia’s experience may offer some relevant lessons for the CNC conceptualization. Several important foundational differences between the settler legal systems of these countries inform the development of the law and the transferability of lessons.
An Overview and Assessment of Key Constitutional Issues Relevant to the Canadian Northern Corridor
Dwight Newman
The School of Public Policy Publications Volume 15 • Issue 9 • March 2022
This report considers, at a high level, some of the key constitutional considerations associated with the development of the Northern Corridor. It considers both the ways in which the Canadian Constitution may facilitate such a development and ways in which it may offer barriers to such a project.
Cross-Canada Infrastructure Corridor, The Rights of Indigenous Peoples and 'Meaningful Consultation'
David Wright
The School of Public Policy Publications Volume 13 • Issue 24 • October 2020
While the law is increasingly clear with respect to Crown consultation and accommodation obligations, the context-dependent nature of the legal framework presents significant challenges for pursuit of the corridor project, given its linear and relatively abstract natures. Further, this area of the law is evolving, particularly as governments move toward implementing UNDRIP. This article succinctly presents the diverse contexts of Indigenous rights and interests present in Canada today, provides clarity with respect to the concept of “meaningful consultation” in contemporary Canadian jurisprudence, and relates this body of law to the corridor concept. Critiques, complexities and points for further research are noted throughout, including with respect to future legal developments.
Understanding Consultation and Engagement with Indigenous Peoples in Resource Development
Brendan Boyd and Sophie Lorefice
The School of Public Policy Publications Volume 12 • Issue 22 • August 2019
This is a summary of the broader study published externally. A review of documents related to resource development and the duty to consult demonstrates the different worldviews of three groups of Indigenous Peoples, industry, and government each has on these subjects. The review attempts to explain differences in these perspectives in an effort to inform consultation and public policy moving forward.
Understanding consultation and engagement of Indigenous Peoples in resource development: A policy framing approach
Brendan Boyd and Sophie Lorefice
Canadian Public Administration Volume 61 • Issue 4 • December 2018
Understanding the conflict over consultation emerges because actors frame the issues differently is an important first step in improving consultation and engagement with Indigenous groups in resource development decisions. This paper discusses the use of a policy framing approach to provide insight into why disputes may occur surrounding resource development projects and Indigenous Peoples. The authors present different frames likely to be present in resource development and consultation and compare these using publicly available documents produced by Indigenous groups and communities, governments and industry.
