Resource World Magazine

38 www.resourceworld.com A P R I L / M A Y 2 0 1 7 A fter a First Nations winning streak of 236 court cases forced govern- ments and resource companies to the negotiating table, the way we develop resources in Canada has fundamentally changed according to Bill Gallagher, author of Resource Rulers: Fortune and Folly on Canada's Road to Resources. "Without support and economic par- ticipation of the First Nations, it's pretty easy to predict the outcome of a resource project. Corporate litigators who adopt the mantra of 'We'll see you in court' are not going to help resource projects proceed. These days it's about building relationships and negotiating economic participation agreements with natives," says Gallagher. In his book Resource Rulers Gallagher provides a survey of recent court rul- ings dealing with First Nations rights in resource exploitation. The judicial results reflect what Gallagher labels native empowerment and, in practical terms, has resulted in Aboriginal people becoming key players whose support or opposition determines the future of resource develop- ment in Canada. Resource Rulers provides a road map for governments and resource companies to approach consultation engagement and accommodation. The courts have long been the place where First Nations assert their rights in Canada and Gallagher notes that they are often successful. For this reason, he has been sounding a note of caution to those ignoring treaty rights in the resource industry. "We are living in transformative times," says Gallagher. Supreme Court decisions from the 2004 Haida Nation decision establishing the Crown's 'duty to consult and accom- modate' and 10 years later the Tsihqot'in decision on Aboriginal title have given Aboriginal people tremendous new power to influence the terms of resource develop- ment. This legal activity has been backed up by social and civil actions from local road blocks and protests to the 'Idle No More' movement. But there is also opportunity, as many resource companies are demonstrating a more open, collaborative approach. Getting to this point has not been easy for either First Nations or resource devel- opers. It wasn't until 2004 the concept of rights and title began to register with the resource sector and it took even longer for the federal government to take off their blinders. For the resource industry, the list of projects that were being delayed or derailed was growing exponentially. The Voisey's Bay Mine, Mackenzie Valley Pipeline and Kemess Mine had all become bogged down in negotiations and it was clear aboriginal land rights were dictating if resource projects were going to proceed. Yet while the resource industry began to see the benefits of engaging with First Nations on proposed projects, govern- ments were slow to react – leaving the door open for more court wins for First Nations and more derailed resource projects. "The Harper government had a blind spot when it came to Native empowerment. Much of the Native court winning streak happened under the Harper Government's watch," says Gallagher. "The Harper gov- ernment brought about an entrenchment attitude when thinking about resources. They had a 'We were going to do it alone' attitude and were determined to gain access to tide water at any cost." Gallagher notes the current Liberal Government were quick learners and have decided to do the opposite of the Harper Government, and as such, through a series of actions – symbolic, financial, practical and relational – have made it clear that the Government of Canada intends to create new and different partnerships with First Nations, Métis and Inuit peoples. "We can now have an intelligent, prom- ising conversation on Canada's resource bounty and access to resources and how we can all mutually all benefit from it. First Canada's road to resource development by Robert Simpson ABORIGINAL EMPOWERMENT AND CANADA'S RESOURCE SECTOR HAVE BEEN ON A COLLISION COURSE FOR THREE DECADES, BUT WITH A RESET OF THE RELATIONSHIP, CANADA COULD STILL REALIZE ITS FULL RESOURCE POTENTIAL. Bill Gallagher.

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