A/HRC/27/52/Add.2
happened, resource companies had often already invested in exploration and viability
studies, baseline studies were no longer possible, and accommodation of indigenous
peoples’ concerns required a deviation from companies’ plans. The Special Rapporteur
notes that this situation creates an unnecessarily adversarial framework of opposing
interests, rather than facilitating the common creation of mutually beneficial development
plans.
77.
It is worth referencing other positive initiatives at the provincial level in the area of
resource extraction that encourage indigenous participation in economic development
activities and benefits. For example, Ontario has a loan guarantee programme to facilitate
joint ventures in green energy development by First Nations and provides funding for them
to obtain third-party, professional advice to assess the feasibility and viability of a proposed
partnership. Ontario also funds the Métis Voyageur Development Fund for Métis-led
resource development. In Alberta, industry groups point to a number of joint ventures with
First Nations in the energy sector, such as Kainai Energy oil and gas development company
of the Blood Tribe and Tribal North Energy Services of Whitefish Lake First Nation. In
British Columbia and other parts of the country, governments encourage impact benefit and
resource-sharing agreements between resource companies and First Nations. British
Columbia also has revenue-sharing arrangements for mining royalties, stumpage fees, and
oil and gas revenues. The Special Rapporteur is concerned, however, about the province of
Saskatchewan’s position against revenue-sharing directly with First Nations on the ground
that resources are for all residents of Saskatchewan.
V.
Conclusions and recommendations
78.
Canada was one of the first countries in the modern era to extend constitutional
protection to indigenous peoples’ rights. This constitutional protection has provided a
strong foundation for advancing indigenous peoples’ rights over the last 30 years,
especially through the courts.
79.
Federal and provincial governments have made notable efforts to address
treaty and aboriginal claims, and to improve the social and economic well-being of
indigenous peoples. Canada has also addressed some of the concerns that were raised
by the Special Rapporteur’s predecessor following his visit in 2003. Moreover,
Canada has adopted the goal of reconciliation to repair the legacy of past injustices
and has taken steps towards that goal.
80.
But despite positive steps, daunting challenges remain. Canada faces a
continuing crisis when it comes to the situation of indigenous peoples of the country.
The well-being gap between aboriginal and non-aboriginal people in Canada has not
narrowed over the last several years, treaty and aboriginal claims remain persistently
unresolved, indigenous women and girls remain vulnerable to abuse, and overall there
appear to be high levels of distrust among indigenous peoples towards government at
both the federal and provincial levels.
81.
The numerous initiatives that have been taken at the federal and
provincial/territorial levels to address the problems faced by indigenous peoples have
been insufficient. Aboriginal peoples’ concerns and well-being merit higher priority at
all levels and within all branches of government, and across all departments.
Concerted measures, based on mutual understanding and real partnership with
aboriginal peoples, through their own representative institutions, are vital to
establishing long-term solutions. To that end, it is necessary for Canada to arrive at a
common understanding with aboriginal peoples of objectives and goals that are based
on full respect for their constitutional, treaty and internationally-recognized rights.
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