Building Effective Partnerships Between Indigenous Communities and Investors

Understanding Legal Obligations and Rights 

What are Indigenous Rights? 

Indigenous rights in Canada are broad because of the varied experiences and legal standings of different Indigenous communities. One example would be First Nations. These Indigenous communities have treaties with the federal government that allow them to receive benefits that non-treaty nations do not have access of. There are also Indigenous communities that have fought for their land rights, enabling them to exercise absolute control over their lands. Common rights of the Indigenous communities include the right to self-government and access to ancestral lands and resources.

Lil'wat Elders with Mount Currie in the background

Source: https://destinationindigenous.ca/culture-and-heritage/?gad_source=1&gclid=CjwKCAjwydSzBhBOEiwAj0XN4Nb0cOfGz14lieUX7SUc5NLabEW_VKthSqDv44p2DlNzmTPo0IzLIxoCtVYQAvD_BwE

Indigenous Sovereignty and Constitutional Protections 

Canada's legal obligation under the Canadian Institution plays an important role in how the country deals with international trade agreements with Indigenous communities.  These obligations have been recognised and affirmed by Section 35 of the Constitution Act, 1982. The law cannot be replaced by commitments stipulated under a free trade agreement (FTA). Any trade or investment initiatives will be in accordance with this foundational principle to shield the rights and self-governance of Indigenous peoples.  

Legal Foundations and Protection 

Preserving Indigenous rights means all investment plans are governed by legal documents and court decisions. Aside from the Constitution Act, 1982, the Canadian Human Rights Act also extends to First Nations who are living on reserves. These rights have been strengthened further by the Delgamuukw case in 1997, giving importance to recognising Aboriginal title as a constitutionally protected ancestral right.

Supreme Court of Canada
Source: https://www.thecanadianencyclopedia.ca/en/article/delgamuukw-case

Sources of Indigenous Rights 

Indigenous rights are based on three primary sources: historical treaties and proclamations, international law, and common law with the important participation of Canadian courts.  

International Law 

Although the United Nations Declaration on the Right of Indigenous Peoples (UNDRIP) has been adopted by most nations in 2007, it was only in 2026 that Canada signed this declaration. This is due to the growing concerns about resource development and land disputes.

The United Nations General Assembly Hall in New York City
Source: https://humanrights.ca/story/the-united-nations-declaration-on-the-rights-of-indigenous-peoples

Royal Proclamation of 1763 and Modern Treaties 

Before anyone can enter into an agreement with the Indigenous communities, they will need to learn about the basic legal framework for Indigenous rights in Canada. The Royal Proclamation of 1763 and subsequent treaties are crucial because it provides the rights that safeguard everything that Indigenous communities encompass from traditional customs to land claims. 

Common Law and Supreme Court Decisions 

The Calder case (1973) and the Tsilhqot’in case (2014) have emphasised the importance of seeking consultation and consent when it comes to decisions that impact Indigenous lands. These rulings legally recognise Aboriginal title, reinforcing the need to respect Indigenous sovereignty and their rights to traditional territories.  

Drafting Agreements That Respect Indigenous Sovereignty 

Inclusive and Participatory Processes 

Effective partnerships start with making sure that all aspects of the agreement do not go against Indigenous sovereignty. Execution of this process involves inclusive and participatory processes enabling Indigenous communities to become an integral part of negotiations. A good example that measures the extent of pushing for Indigenous rights is the Indigenous Working Group (IWG) by Global Affairs Canada. The IWG incorporates Indigenous perspectives in developing trade policies.  

Provisions for Indigenous Rights and Interests 

Agreements are not performed by verbal exchanges as they are done with specific provisions in mind. This means that any provision should be created in good faith, taking Indigenous rights and interest into consideration. Whether it is acknowledging the role that enhancing Indigenous business plays or reaffirming existing international instruments, any step that will demonstrate respect for the Indigenous communities will have a positive impact on Indigenous cultural and economic well-being.  

Economic Benefits for Indigenous Communities 

Facilitating Trade and Investment Opportunities 

FTAs provide an inclusive opportunity that empowers Indigenous communities especially in terms of international trade and investment. Indigenous communities expressing interest in investing will be protected by laws to make sure there are no lapses or loopholes that can impede the process. 

Ensuring Sustainable and Inclusive Growth 

Investing is not solely focused on economic development because even on non-Indigenous investments, research and studies must be conducted to ensure proper execution. When Indigenous communities are added to the picture, more aspects need to be carefully considered. From maintaining Indigenous knowledge and practices to ensuring that environmental conservation is not pushed aside, the process of achieving sustainable and inclusive growth is a long and complex process.  

Investing in a Brighter Future 

Education is one of the fundamentals of progress. It is a transformative tool that can reshape Indigenous communities' economic landscape. Investment is not only focused on infrastructure projects but also on education. With 649.4 million allocated for education programmes, creating an environment conducive for academic success generates more opportunities. Increasing accessibility and affordability of higher education for Indigenous students bridges the gap and maximises economic benefits among Indigenous communities.  

Advancing Economic Reconciliation 

With economic reconciliation being a top priority in 2024, recognising the importance of clean energy initiatives, tourism, and entrepreneurship cultivates economic self-sufficiency. Having initiatives for facilitating tax jurisdiction flexibility and access to affordable capital promote economic empowerment, reducing historical disparities in opportunity and wealth.  

Conclusion 

Indigenous investment entails a well thought out process that taps into the Indigenous communities as they are the central character to economic reconciliation. Investments start with relationship building. Establishing trust and understanding between parties is crucial for long-term success. Engaging in open communication helps identify shared goals and values. Strong relationships also provide a foundation for overcoming challenges and seizing opportunities together. These connections can lead to more fruitful and sustainable investment outcomes.  

The Canadian Indigenous Investment Summit

The Canadian Indigenous Investment Summit serves as a crucial platform where investors, visionary leaders, and Indigenous communities can share a common business goal. The focus is not only on gathering for one event, but on building a fruitful partnership and creating a movement that unites all investment sectors to promote sustainable economic growth.  

The summit offers valuable resources and insights through our team of subject matter experts across various sectors, facilitating access to meaningful Indigenous investment opportunities throughout Canada. Whether you're an investor or eager to deepen your understanding of Indigenous investment, we provide a platform for impactful discussions and the exchange of valuable insights. With a diverse array of investments converging, we ensure that attendees of the summit will benefit from a seamless and efficient business environment.  Register your interest and save a spot at the summit. 

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