Indigenous community participation in resource development decision-making: Practitioner perceptions of legal and voluntary arrangements

Abstract

Indigenous nations worldwide are working with and lobbying private and public resource developers to ensure meaningful engagement in decisions tied to resource development in their territories. The diversity of approaches for engagement can be framed along a continuum, with voluntary practices at one end and legal responsibilities at the other. Given this continuum, the roles and responsibilities of various actors involved have become blurred, which leads to poor practice. In an effort to bring clarity, the aim of this research was to understand the distinctions between voluntary practices and legal responsibilities among key actors, identify how key actors understood their different roles and responsibilities, and explain the implications of these differences. In partnership with a First Nation and a public power utility in Northern Saskatchewan, Canada, we employed semi-structured interviews and group workshops with Indigenous, industry, and government actors who participate in environmental management and resource development decisions. We found that actors had distinct motivations for interacting with one another, that perceptions of voluntary practices and legal responsibilities aligned among some participants but not among others, and that participants were indeed confused about their roles and responsibilities in relation to legal requirements and voluntary engagement activities. Furthermore, we learned that clarifying the intended roles of those involved in resource development decisions would be insufficient for improving practice. This is because improved clarity may not address underlying mistrust of government by Indigenous people, or may not be possible where rights and interests are intertwined under a broad conception of Indigenous rights. Findings also suggest the need for government and industry to work with Indigenous nations as self-determining entities, rather than imposing unilateral processes upon them. Consequently, more serious scrutiny, understanding and action is needed by government and industry when employing and assessing voluntary actions and legal measures for Indigenous inclusion in resource development decision-making processes.

Keywords: Canada; Indigenous people; Legal responsibility; Natural resource development; Northern Saskatchewan; Practitioner perceptions; Voluntary engagement.