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Indigenous

Putting government mismanagement of Indigenous affairs in the rear-view mirror

Published

7 months ago

11 minute read

From the Macdonald-Laurier Institute (MLI)

By Ken Coates for Inside Policy

The failures of governance on Indigenous affairs represents an unhappy situation where the problem is, simultaneously, too much government and too little governance

In an era of a mounting number of interconnected complex and difficult problems, one feels sorry for the politicians and civil servants attempting to produce policies, programs, and funding that will make real and sustained progress. We are often confronted with the frightening realization that government, as it is currently structured and directed, is simply not up to the challenges of the 21st century. This is certainly the case with Indigenous affairs in Canada, where the federal government struggles to find the right path forward.

The socio-economic data is clear. Indigenous peoples lag well behind the non-Indigenous population on almost all measures: personal income, access to clean water, educational outcomes, rates of incarceration, health outcomes, opioid deaths, tuberculosis cases, overcrowded homes, and many others. Language loss is endemic, many communities struggle with intergenerational conflict, too many cultural traditions are at risk, and long-term systemic poverty continues to take its toll.

Most Canadians think that the government of Canada is doing a great deal – some people think too much – to address Indigenous challenges and opportunities. They point, as the government often does, to billions of dollars in annual expenditures, formal and public apologies, major court judgments in favour of Indigenous defendants, a seat at a growing number of political tables, and concessions on language, values, and priorities.

The juxtaposition of these two realities is troubling – despite the massive expenditures on Indigenous affairs there are continued and major shortcomings in First Nations, Métis, and Inuit outcomes and achievements. Frustration burns deep in many Indigenous communities, as it does among the general population. Canadians at large have heard the many apologies, hundreds of program announcements, billions in spending, and the near-constant uncertainty of legal processes, and they too are deeply concerned about the failure of decades of concerted government efforts to make things better.

Of course, there have been major achievements. While media coverage focuses on conflict and despair, First Nations, Inuit, and Métis communities have made substantial improvements, even with the current difficulties in mind. Post-secondary attendance remains strong, with continuing challenges with the high school to PSE transition. Indigenous entrepreneurship is a bright spot in the Canadian economy. Modern treaties and self-government agreements are changing how the government manages Indigenous policies, funding, and decision-making. And impact and benefit agreements have secured Indigenous communities an important place in resource and infrastructure development.

But frustrations with the government of Canada’s management of Indigenous affairs continues. Communities complain of long-delayed negotiations, difficulties with payments, the omnipresent influence of the Indian Act, files lingering on the desk of the Minister of Indigenous Services Canada, the inability to get promised money out the door quickly and efficiently, the imposition of complicated accountability provisions, and many other problems. Even major settlements, like the $40 billion allocated to address shortcomings in child and family services, has been bogged down in unrewarding negotiations.

The failures of governance on Indigenous affairs represents an unhappy situation where the problem is, simultaneously, too much government and too little governance. Starting well before Confederation, paternalism became the hallmark of federal policy towards Indigenous peoples. Government officials believed that they knew best and managed Indigenous affairs with scant consideration of Indigenous ideas and goals – and often with a firm, manipulative hand. To the degree that Indigenous peoples escaped the dominance of Ottawa, it was largely due to the shortage of government workers and money, which meant that most northern peoples were left largely alone until the 1950s.

In the 1950s and 1960s, in a massive wave of self-justified paternalism, government intervention expanded rapidly. Indigenous peoples were required to live in government-established and run settlements, typically in government-built houses and under the control of a growing cadre of paternalistic Indian Agents. Residential and day school education became standard fare – as did acute language loss and the disruption of harvesting activity and traditional cultures. Welfare dependency, extremely rare before the mid-1950s, replaced harvesting and the mixed economy as the economic foundations of Indigenous life, with all of the controls and intrusions that attend any reliance on government cheques.

Well-meaning state officials inherited the paternalism of their predecessors, believing that government-designed and -run programs would provide Indigenous communities with pathways to the mainstream economy and the benefits of the dominant society. A few achievements stand out, but generally the effort did not work. Indigenous communities were transformed into frustrated supplicants, relying on a steady stream of applications and approval processes to provide what were typically short-term grants that would fund core community operations.

The arrangements prioritized federal budget-making and administration over Indigenous decision-making and community priority-setting. The budgets grew dramatically. Federal officials made countless announcements. The number of federal civil servants grew dramatically. And individual Indigenous people continued to suffer. Through decades in which state funding and programming continued to expand, the gap between Indigenous well-being and non-Indigenous social and economic conditions scarcely narrowed at all. What did grow dramatically was social dysfunction, self-harm, and family disarray.

It turned out that too much government “help” could be as bad as neglect and inattention to Indigenous needs. Ottawa continued to supply earnest and well-meant programs, but they were built with diminishing enthusiasm from Indigenous peoples. First Nations, Métis, and Inuit communities understood what the government of Canada did not: that community control was much more important and effective than Ottawa-centred policy-making. Much of the Indigenous effort since the 1970s has focused on righting the imbalance, establishing more self-government processes, expanding own-source revenues, and returning to Indigenous peoples the autonomy that had sustained them for centuries.

Indigenous peoples have their own agendas – and they have largely succeeded in changing the core foundations of Indigenous governance in Canada. Modern treaties have, for some people, eliminated some of the more pernicious aspects of the Indian Act and its associated bureaucracies. Self-governing First Nations are become more common and increasingly successful. The Inuit secured their own territory – Nunavut – and acquired considerable autonomy in Labrador and northern Quebec. Impact and benefit agreements and resource revenue sharing have given communities the funding they require to establish their own spending priorities. Duty-to-consult and accommodate provisions have given Indigenous communities a major role in determining the shape and nature of resource development. Major Supreme Court of Canada decisions continue to extend Indigenous authority.

This story of Indigenous re-empowerment has not yet fully unfolded, although the returns to date have been more than promising. Self-governing First Nations in the Canadian North and elsewhere have used their autonomy to very good effect. Communities near the oil sands in Alberta have used their involvement in resource extraction to create substantial autonomy for themselves. Near-urban and urban First Nations are supporting metropolitan redevelopment. Joint ventures and economic cooperation have become the norm rather than the exception. Struggles continue; generations of paternalism and government oversight are not overcome in a flash.

But the primary lesson is simple. State paternalism has been a force for disruption and manipulation of Indigenous communities. Re-empowerment, autonomy, and economic independence have demonstrated the potential to rebuild, enhance, and strengthen First Nations, Métis, and Inuit communities. Decades of government mismanagement of Indigenous affairs must be put in the rear-view mirror. It is time for the re-empowerment of Indigenous communities to become the new normal.

Indigenous realities have changed dramatically, particularly related to Indigenous rights, expectations, capacity, financial settlements and community expectations.  Government administration and policy-making, as current constituted, is not sufficiently community-centric, properly funded, appropriately responsive or driven by Indigenous imperatives.  Despite generations of large-scale spending and many programs and announcements, basic conditions are far too often seriously substandard and real progress slow and unimpressive.  With Indigenous people and their governments in the forefront, Indigenous governance and support requires a dramatic rethinking and Indigenous empowerment in order to respond properly to the challenges and opportunities of the 21st century.

Ken Coates is a Distinguished Fellow and Director of Indigenous Affairs at the Macdonald-Laurier Institute and a Professor of Indigenous Governance at Yukon University

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LNG leader: Haisla Nation Chief Councillor Crystal Smith on the world’s first Indigenous project

Published on May 16, 2024

By

Haisla Nation Chief Councillor Crystal Smith during a press conference announcing that the Cedar LNG project has been given environmental approval in Vancouver, Tuesday March 14, 2023. CP Images photo

From the Canadian Energy Centre

By Will Gibson

‘Now we are working together to make our own opportunities as owners and developers of the resource’

Growing up in the 1980s, Crystal Smith felt supported and nourished by her community, the Haisla Nation along the shores of Kitimat, British Columbia. But at the same time, she also sensed the outside world had placed some limitations on her future. 

“I enjoyed a wonderful childhood with a solid foundation and lots of love, especially from my grandma Cecilia Smith. She raised me because I lost my mother and stepdad at a young age. But it wasn’t popular to be Indigenous when I grew up,” says Smith.  

“A lot of people would talk about how Indigenous people were not expected to be successful. That kind of talk really affected my confidence about what I could be.” 

Smith, now the Haisla Nation’s elected chief councillor, never wants children in her community to feel those constraints.  

Her community has seized on a major opportunity to build prosperity and resiliency for future generations. The Haisla Nation is a partner in the proposed $3.4 billion Cedar LNG project, the world’s first to have Indigenous ownership. A final go-ahead decision for the project to proceed is expected by the middle of this year.  

Smith, who has served as board chair of the First Nations LNG Alliance since 2019, has already seen tangible changes in her community since the project was announced. 

“It’s hard to put into words about the impact on the ground in terms of how this opportunity has affected our members in their lives,” she says.  

“We were just interviewing candidates to serve as board directors on our economic development corporation and one candidate, who is from our community, just amazed me with how far he has come in terms of pursuing his education and how much his career has progressed.” 

The town of Kitimat on British Columbia’s west coast. LNG Canada site in background. Photo courtesy District of Kitimat

Of her own career, Smith says she knew since college that her future was in serving the community. She started working in the Haisla band administration in 2009 and was first elected chief councillor in 2017.  

“I was lucky because my family really pushed me to seek an education after high school, so I took the business program at Coast Mountain College. I also helped that I had mentors in my community, including my father Albert Robinson, who served as an elected Haisla councillor, and Ellis Ross (now an elected MLA in B.C), who was very inspiring in terms of his vision as chief councillor and encouraged me to take the step into elected office,” Smith says.  

“When I came back to the community from school, I knew I would end up working in our band office. I wanted to see more opportunities for people in my community and LNG provides that.” 

She already sees the benefits of the development, as well as the Haisla Nation’s participation in the LNG Canada project, within her own family including for her grandsons.  

“Xavier is six and he goes to the same school I attended as a child. He gets to learn parts of our culture, our teachings, as well as the value and importance of family and community. There’s more of an emphasis on our language and culture in the curriculum, which really makes me happy. Luka, who just turned two, will also attend that school when he’s old enough,” Smith says.  

“I want programs and services to meet our needs, not the level of government’s needs. And we need to make sure that it is sustainable not just for my grandsons or their peers but for seven generations beyond this one.” 

Cedar LNG is coming closer and closer to fruition, with all permits in place and early construction underway.  

An eight-kilometre pipeline will be built connecting the recently completed Coastal GasLink pipeline to deliver natural gas to the floating Cedar LNG terminal located along the Douglas Channel near Kitimat.  

The facility will be capable of producing up to three million tonnes of liquefied natural gas every year, which will be transported by carriers through the Douglas Channel to Hecate Straight, using the existing deepwater shipping lane, to reach customers in the Asia-Pacific region.  

Powered entirely by renewable energy from BC Hydro, Cedar LNG will be one of the lowest carbon intensity LNG facilities in the world. Its so-called emissions intensity will be 0.08 per cent CO2 per tonne, compared to the global average of 0.35 per cent per tonne. 

Rendering courtesy Cedar LNG

 Up to 500 people will work on the project during the peak of construction. Approximately 100 people will be working at the facility full-time during operation, which is expected to start in the second half of 2028.  

Smith says the benefits of the project will extend beyond the 2,000 members of the Haisla Nation. 

“This work has really helped us reconnect with other Indigenous communities along pipelines and shipping routes,” she says.  

“When I was growing up, our communities never had the opportunity to come together because we were separated by the territorial boundaries imposed by the Indian Act. And we were fighting each other for financial scraps from Indian Affairs.  

“Now we are working together to make our own opportunities as owners and developers of the resource. That’s very empowering and the most important part. Participating in developing these resources provides independence. It’s the only solution for my nation and other Indigenous communities.” 

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Canadian Energy Centre

Trans Mountain completion shows victory of good faith Indigenous consultation

Published on May 15, 2024

By

Photo courtesy Trans Mountain Corporation

From the Canadian Energy Centre

By Joseph Quesnel

‘Now that the Trans Mountain expansion is finally completed, it will provide trans-generational benefits to First Nations involved’

While many are celebrating the completion of the Trans Mountain pipeline expansion project for its benefit of delivering better prices for Canadian energy to international markets, it’s important to reflect on how the project demonstrates successful economic reconciliation with Indigenous communities.

It’s easy to forget how we got here.

The history of Trans Mountain has been fraught with obstacles and delays that could have killed the project, but it survived. This stands in contrast to other pipelines such as Energy East and Keystone XL.

Starting in 2012, proponent Kinder Morgan Canada engaged in consultation with multiple parties – including many First Nation and Métis communities – on potential project impacts.

According to Trans Mountain, there have been 73,000 points of contact with Indigenous communities throughout Alberta and British Columbia as the expansion was developed and constructed. The new federal government owners of the pipeline committed to ongoing consultation during early construction and operations phase.

Beyond formal Indigenous engagement, the project proponent conducted numerous environmental and engineering field studies. These included studies drawing on deep Indigenous input, such as traditional ecological knowledge studies, traditional land use studies, and traditional marine land use studies.

At each stage of consultation, the proponent had to take into consideration this input, and if necessary – which occurred regularly – adjust the pipeline route or change an approach.

With such a large undertaking, Kinder Morgan and later Trans Mountain Corporation as a government entity had to maintain relationships with many Indigenous parties and make sure they got it right.

Trans Mountain participates in a cultural ceremony with the Shxw’ōwhámél First Nation near Hope, B.C. Photograph courtesy Trans Mountain

It was the opposite of the superficial “checklist” form of consultation that companies had long been criticized for.

While most of the First Nation and Métis communities engaged in good faith with Kinder Morgan, and later the federal government, and wanted to maximize environmental protections and ensure they got the best deal for their communities, environmentalist opponents wanted to kill the project outright from the start.

After the government took over the incomplete expansion in 2018, green activists were transparent about using cost overruns as a tactic to scuttle and defeat the project. They tried to make Trans Mountain ground zero for their anti-energy divestment crusade, targeting investors.

It is an amazing testament to importance of Trans Mountain that it survived this bad faith onslaught.

In true eco-colonialist fashion, the non-Indigenous activist community did not care that the consultation process for Trans Mountain project was achieving economic reconciliation in front of their eyes. They were “fair weather friends” who supported Indigenous communities only when they opposed energy projects.

They missed the broad support for the Trans Mountain expansion. As of March 2023, the project had signed agreements with 81 Indigenous communities along the proposed route worth $657 million, and the project has created over $4.8 billion in contracts with Indigenous businesses.

Most importantly, Trans Mountain saw the maturing of Indigenous capital as Indigenous coalitions came together to seek equity stakes in the pipeline. Project Reconciliation, the Alberta-based Iron Coalition and B.C.’s Western Indigenous Pipeline Group all presented detailed proposals to assume ownership.

Although these equity proposals have not yet resulted in a sale agreement, they involved taking that important first step. Trans Mountain showed what was possible for Indigenous ownership, and now with more growth and perhaps legislative help from provincial and federal governments, an Indigenous consortium will be eventually successful when the government looks to sell the project.

If an Indigenous partner ultimately acquires an equity stake in Trans Mountain, observers close to the negotiations are convinced it will be a sizeable stake, well beyond 10 per cent. It will be a transformative venture for many First Nations involved.

Now that the Trans Mountain expansion is finally completed, it will provide trans-generational benefits to First Nations involved, including lasting work for Indigenous companies. It will also demonstrate the victory of good faith Indigenous consultation over bad faith opposition.

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