Indigenous engagement and reconciliation: Appearance before the Standing Committee – March 24, 2022
Environment and Climate Change Canada
Q1. What is ECCC doing to support Reconciliation?
Mandate letters called on every Minister, including myself, to implement the United Nations Declaration on the Rights of Indigenous Peoples and to work in partnership with Indigenous Peoples to advance their rights.
Environment and Climate Change is committed to doing so. The Department actively engages Indigenous peoples and integrates their perspective and Indigenous knowledge in the development of climate actions and of the National Adaptation Strategy, amongst other things.
Supporting Indigenous leadership in nature conservation is also part of the Government’s commitment to achieve reconciliation with Indigenous peoples. Through initiatives such as Indigenous Protected and Conserved Areas and Indigenous Guardians, Indigenous Peoples exercise their leadership through on-the-ground stewardship initiatives on their traditional lands, waters and ice to act as the "eyes and ears on the ground".
We are also committed to continuing to put in place innovative approaches such as the co-management of the Disposal At Sea Regulations with the Tsleil wa tutth [slay-wah-tooth] in British Columbia.
Furthermore, the Government is committed to a federal assessment process that is robust, based on science and Indigenous knowledge, protects our rich natural environment, respects the rights of Indigenous peoples, and supports our natural resources sector.
Q2. How is the government respecting the United Nations Declaration on the Rights of Indigenous Peoples Act on climate change?
The Government of Canada adopted the United Nations Declaration on the Rights of Indigenous Peoples Act in June 2021. The legislation complement and inform other initiatives underway across Canada with Indigenous partners to close socio‑economic gaps, advance reconciliation and renew relationships based on the affirmation of rights, respect, co-operation and partnership.
References to the principles of “free, prior and informed consent” are embedded in the Declaration. They emphasize the importance of ensuring that there is effective and meaningful participation of Indigenous peoples in decisions that affect them, their communities and territories.
The Government of Canada has built the principles of the United Nations Declaration on the Rights of Indigenous Peoples Actinto its environmental and climate undertakings. For example, the Canadian Net-Zero Emissions Accountability Act, stipulates that the Minister of Environment and Climate Change must take Indigenous knowledge into account when advancing measures for mitigating climate change, such as setting or amending a national greenhouse gas emissions target or an emissions reduction plan.
Also, Canada, in partnership with the Assembly of First Nations, Inuit Tapiriit Kanatami and Métis National Council, has three senior-level, distinctions-based bilateral tables that inform the federal government’s climate actions that better respond to the unique needs and circumstances of Indigenous peoples. The Government of Canada will continue to position Indigenous climate leadership as a cornerstone of federal climate action and ensure that Indigenous peoples are full partners in Canada’s climate plan.
Q3. How does the government engage Indigenous peoples on climate actions?
Since the launch of the Pan-Canadian Framework in 2016, our government has worked directly with Indigenous partners to identify ways for policies and programs to better support Indigenous peoples and their climate priorities through distinctions‑based senior bilateral tables on clean growth and climate change (Joint Tables) with the Assembly of First Nations, Inuit Tapiriit Kanatami and the Métis National Council.
More than five years later, the Joint Tables continue to demonstrate the benefits of sustained collaboration. For instance, the Joint Tables were instrumental in ensuring that Canada’s Strengthened Climate Plan, A Healthy Environment and A Healthy Economy, reflected Indigenous climate priorities.
Since the release of the Strengthened Climate Plan, Canada has committed more than $1.3 billion in targeted investments to support Indigenous communities to transition to clean energy, advance nature-based solutions, build new or retrofit green community buildings, promote resilience of health systems, and undertake major disaster mitigation projects.
These investments supplement the more than $425M committed under the Pan‑Canadian Framework.
In developing Canada’s Emissions Reduction Plan, the Government will work closely with Indigenous peoples on the design of new commitments to meet its 2030 climate target to ensure that relevant considerations are identified and joint priorities are addressed.
Q4. What support is the government providing to Indigenous communities for climate action?
Canada’s Strengthened Climate Plan committed to supporting Indigenous-led climate strategies and collaborating on the development of Canada’s first National Adaptation Strategy.
Together with the additional investments made through Budget 2021, Canada’s Strengthened Climate Plan includes measures that will:
Support First Nations and Inuit as they manage the health impacts of climate change, such as the impacts of extreme weather events, and mental health impacts of climate change on youth ($22.7M over five years);
Improve food security in the North, including in Inuit Nunangat ($163.4M over 3 years);
Help transition rural, remote, and Indigenous communities to clean energy ($376.4M over 5 years to help transition diesel-dependent communities to clean energy);
Support greener and more resilient infrastructure, including for large-scale adaptation or mitigation projects ($290M over 12 years);
Triple the net fuel charge proceeds available to Indigenous governments in jurisdictions where the federal backstop applies; and,
Protect biodiversity through the creation of Indigenous Protected and Conserved Areas and partnerships to restore and enhance wetlands, peatlands, grasslands and agricultural lands to boost carbon sequestration (subset of $2.3B over 5 years for conservation, subset of $3.16B over 10 years for nature-based solutions, subset of $631M over 10 years for nature-based carbon sequestration).
Q5. What is the Government doing to support Indigenous-led area-based conservation?
Indigenous-led area based conservation is a defining attribute in the decisions and actions that protect and conserve an area. Indigenous-led conservation areas are an essential part of Canada’s path forward, both for protecting nature and working towards reconciliation with Indigenous peoples.
The Indigenous Guardians and Indigenous-led Area Based Conservation initiatives recognize the many lessons that can be learned from Indigenous partners when it comes to protecting nature and rely on Indigenous experience and Traditional Knowledge to ensure lands and waters are safeguarded for generations to come.
To date, 52 Indigenous-led projects across the country have received funding to either establish a protected area or undertake early planning and engagement work that could result in additional Indigenous-led conservation area.
Indigenous Guardians are the “eyes and ears on the ground” in Indigenous territories. They monitor ecological health and protect sensitive areas and species.
Indigenous Guardians initiatives support Indigenous peoples in protecting and conserving the environment, maintaining cultural sites, developing and maintaining sustainable economies, and continuing the profound connections between Indigenous cultures and their lands.
Since 2017, over 85 First Nations, Inuit and Métis Guardians initiatives have been supported by the Government of Canada, with investments totaling $25 million.
Further examples of Indigenous leadership in conservation are the 8 Migratory Bird Sanctuaries and 5 National Wildlife Areas co-managed with Inuit peoples in the Nunavut Settlement Area under the terms of an Inuit Impact and Benefit Agreement conserving nearly 95,000 km2 of land and ice with current federal funding of $9.2 million.
Q6. What is Parks Canada Agency doing to advance reconciliation with Indigenous peoples?
Protected areas play a fundamental role in the well-being of cultures, natural systems and individuals. Parks Canada currently works within the traditional territories, treaty lands, and ancestral homelands of approximately 300 First Nations, Inuit, and Métis communities. Parks Canada works with Indigenous partners to advance stewardship and conservation for both natural and cultural heritage in a way that reflects Indigenous rights, priorities, and aspirations and advances Government of Canada commitments to reconciliation.
Over the last several decades, Parks Canada has worked to nurture relationships with Indigenous communities and governments by: shifting its approach to negotiations, creating new protected areas in cooperation with Indigenous peoples, exploring new governance arrangements, developing new partnerships, and attempting to tell a more inclusive story of Canada’s history. In taking these steps, Parks Canada has come to appreciate that it can better achieve its mandate of protecting and presenting heritage places when working with Indigenous partners.
Moving forward, Parks Canada will be engaging with Indigenous peoples on how to continue to advance reconciliation, and implement the UN Declaration on the Rights of Indigenous Peoples, through a framework for Indigenous Stewardship. Parks Canada’s current understanding of what such a framework may encompass includes core components of: shared governance; practices on the land, water, and ice; Indigenous knowledge systems, and economic opportunities. These components would be supported by strong relationships, acknowledgements and apologies, and improved education and understanding amongst Parks Canada staff and Canadians.
Q7. How is Parks Canada engaging with Indigenous peoples to advance reconciliation?
The 2020 Response to the Minister’s Round Table on Parks Canada included the commitment to develop a framework to support Indigenous stewardship in Parks Canada administered places, through processes of collaboration and dialogue with Indigenous peoples.
Parks Canada will engage with Indigenous partners on Indigenous Stewardship starting this spring. Engagement will inform the components of a Framework, as well as priorities that will be identified in an action plan. The action plan will reflect both Indigenous and Parks Canada perspectives and priorities, while aligning with the broader Government of Canada action plan to be developed as part of efforts to implement the UN Declaration Act.
Q8. What is Parks Canada doing to advance mandate letter commitments to support Indigenous Guardian programs and Indigenous Protected and Conserved Areas?
In Budget 2021, the Parks Canada Agency received up to $61.7M towards Indigenous Guardians programs at Parks Canada administered places. Through this new initiative, Parks Canada will be working with Indigenous partners to enhance the existing 7 Indigenous Guardians programs and co-create new Indigenous Guardians programs within Parks Canada administered places. By 2025-2026, Parks Canada aims to provide funding for between 30-35 Guardian programs.
Parks Canada is working with Indigenous partners at Parks Canada administered places to co-develop Guardians programs. This approach reflects the relationships between Parks Canada and Indigenous partners at Parks Canada administered places, and ensures that Indigenous Guardians programs reflect the unique requirements of the particular place and the Indigenous partner.
Stewardship activities that are co-developed with Indigenous partners are flexible, and may include ecological and cultural resource monitoring, restoration, presenting natural and cultural heritage, as well as implementation of Indigenous knowledge and conservations practices, and cultural continuity (e.g., intergenerational knowledge transmission). These initiatives help maintain and revitalize connections with lands, waters, and ice that sustain the systems of knowledge, laws, and governance informing Indigenous stewardship practices. Programs within Parks Canada-administered places will be place-based expressions of First Nations, Inuit and Métis responsibilities to their traditional territories, treaty lands and ancestral homelands.
In the MRT Response, a commitment to identify opportunities to support and advance Indigenous Protected and Conserved Areas through dialogue with Indigenous peoples and partners was made. This work is ongoing through both rights-based negotiations as well as in discussions regarding the establishment of new protected heritage places. For example, in partnership with Indigenous governments and organizations, Parks Canada designated the 14,305 km2 core of Thaidene Nene as a National Park Reserve under the Canada National Parks Act in 2019. The entirety of Thaidene Nëné is designated by Łutsël K’é Dene First Nation as an Indigenous Protected Area.
Q9. How is the Impact Assessment Agency of Canada working to implement the United Nations Declaration on the Rights of Indigenous Peoples?
An efficient, credible and predictable assessment process that enables inclusive and sustainable economic growth for all Canadians depends on ensuring that the rights of Indigenous peoples—rights affirmed in our Constitution and in the United Nations Declaration on the Rights of Indigenous Peoples—are respected and upheld.
Our goal is to secure free, prior and informed consent throughout the impact assessment process for all decisions that affect Indigenous peoples’ rights and interests. The approach to achieving free, prior and informed consent is based on ensuring meaningful and effective participation of Indigenous peoples from the outset.
In addition to consultation to meet the Crown’s common law duty to consult, IAAC focuses on early and inclusive engagement and participation at every stage, in accordance with a co-developed engagement plan. The aim is to secure free, prior and informed consent through processes based on mutual respect and dialogue.
Provisions in the Impact Assessment Act (IAA) and supporting policies provide increased opportunities for cooperation and collaboration, including options for co‑development and for the integration of Indigenous-led studies and assessments, mandatory consideration of Indigenous knowledge, and requirements to consider potential impacts on Indigenous rights and culture in assessments and decision-making.
The IAA also provides for the Minister, once authorized by regulations, to enter into agreements with Indigenous governing bodies to exercise powers or perform duties or functions in relation to impact assessment. This will add to opportunities for meaningful participation and leadership in the process.
The Impact Assessment Agency of Canada provides funding to support Indigenous participation in project consultations and policy engagement, and for ongoing capacity development.
Indigenous peoples are stewards of this land. Their knowledge and participation play a critical role in fostering sustainability through impact assessments.
Q10. What is the status of Indigenous Cooperation Agreement Regulations?
Indigenous Cooperation Agreement Regulations will allow me to enter into agreements with Indigenous governing bodies so they can carry out powers, duties, and functions during federal impact assessments, and be considered as jurisdictions for the purposes of the Impact Assessment Act.
The process to develop these regulations will address important and complex questions, and will require adequate time to consider the views of a broad representation of Indigenous peoples and all those potentially implicated.
In keeping with our commitment to ensure meaningful and effective participation of Indigenous peoples, we are moving forward with the next steps in a co‑development process to develop the regulations.
The Agency is finalizing membership of a Circle of Experts to provide Indigenous perspectives and to co-develop a discussion paper that will guide national engagement on the regulations and supporting policies.
Impact Assessment Agency of Canada
Q1. How is the Impact Assessment Agency of Canada working to implement the United Nations Declaration on the Rights of Indigenous Peoples?
An efficient, credible and predictable assessment process that enables inclusive and sustainable economic growth for all Canadians depends on ensuring that the rights of Indigenous peoples—rights affirmed in our Constitution and in the United Nations Declaration on the Rights of Indigenous Peoples—are respected and upheld.
Our goal is to secure free, prior and informed consent throughout the impact assessment process for all decisions that affect Indigenous peoples’ rights and interests. The approach to achieving free, prior and informed consent is based on ensuring meaningful and effective participation of Indigenous peoples from the outset.
In addition to consultation to meet the Crown’s common law duty to consult, IAAC focuses on early and inclusive engagement and participation at every stage, in accordance with a co-developed engagement plan. The aim is to secure free, prior and informed consent through processes based on mutual respect and dialogue.
Provisions in the Impact Assessment Act (IAA) and supporting policies provide increased opportunities for cooperation and collaboration, including options for co‑development and for the integration of Indigenous-led studies and assessments, mandatory consideration of Indigenous knowledge, and requirements to consider potential impacts on Indigenous rights and culture in assessments and decision-making.
The IAA also provides for the Minister, once authorized by regulations, to enter into agreements with Indigenous governing bodies to exercise powers or perform duties or functions in relation to impact assessment. This will add to opportunities for meaningful participation and leadership in the process.
The Impact Assessment Agency of Canada provides funding to support Indigenous participation in project consultations and policy engagement, and for ongoing capacity development.
Indigenous peoples are stewards of this land. Their knowledge and participation play a critical role in fostering sustainability through impact assessments.
Q2. What is the status of Indigenous Cooperation Agreement Regulations?
Indigenous Cooperation Agreement Regulations will allow me to enter into agreements with Indigenous governing bodies so they can carry out powers, duties, and functions during federal impact assessments, and be considered as jurisdictions for the purposes of the Impact Assessment Act.
The process to develop these regulations will address important and complex questions, and will require adequate time to consider the views of a broad representation of Indigenous peoples and all those potentially implicated.
In keeping with our commitment to ensure meaningful and effective participation of Indigenous peoples, we are moving forward with the next steps in a co‑development process to develop the regulations.
The Agency is finalizing membership of a Circle of Experts to provide Indigenous perspectives and to co-develop a discussion paper that will guide national engagement on the regulations and supporting policies.
