Departmental overview for the Minister of Environment and Climate Change: chapter 5

Indigenous engagement

Indigenous peoples have a special relationship with the Crown. This relationship, including existing Aboriginal and treaty rights, is recognized and affirmed in section 35 of the Constitution Act, 1982. The Government of Canada has a duty to consult, and where appropriate, accommodate Indigenous groups when it considers conduct that might adversely impact potential or established Aboriginal or treaty rights. Environment and Climate Change Canada has responsibilities for environmental and wildlife protection, conservation and climate change. These issues closely intersect with the rights and priority interests of Indigenous peoples.

Overview

Partnerships and engagement with Indigenous peoples are essential in recognizing their contributions to Canada’s natural heritage and their special relationship with lands and resources and in considering the impacts of project decisions on their traditional lands.

First Nations, Inuit, and Métis peoples who hold unique Indigenous knowledge systems have been at the forefront of drawing attention to multiple environmental issues. Leadership by Indigenous peoples has reinforced the need to take action to reduce pollution, to adapt to the impacts of climate change, and to enhance conservation and protection of the natural environment.

Canada adopted the United Nations Declaration on the Rights of Indigenous Peoples Act in June 2021 to advance the implementation of the Declaration as a key step in renewing the Government of Canada’s relationship with Indigenous peoples. This Act will provide a road map for the Government and Indigenous peoples to work together to fully implement the Declaration.

Relationship with Indigenous people

Environment and Climate Change Canada (ECCC) has a long history of working and consulting with Indigenous peoples to uphold Aboriginal and Treaty rights, such as access to traditional territory and the harvesting of plants and animals for food, social and ceremonial purposes.

Indigenous peoples also participate in ECCC’s international work by informing policy positions and by participating as part of Canadian delegations in international discussions. Some of these have included the United Nations Convention on Biological Diversity, and the North American Commission on Environmental Cooperation.

In 2017, the Government established permanent bilateral mechanisms with First Nations, Inuit and Métis leaders as a means of advancing distinction-based Crown-Indigenous relationships. These bilateral mechanisms allow collaboration on joint priorities, co-development of policies and monitoring of progress in advancing reconciliation. These also enable First Nations, Inuit and Métis to identify environmental priorities for collaborative work. For example, ECCC, with Inuit partners, co-leads the advancement of the whole-of-government Inuit Crown Partnership Committee environment workplan that was approved in April 2019.

ECCC also engages with Indigenous peoples through other partnerships and advisory mechanisms such as:

• Senior Bilateral Tables on Clean Growth and Climate Change;
• Distinctions-based Indigenous Guardians governance structure;
• Co-management of National Wildlife Areas and Migratory Bird Sanctuaries; and
• National Aboriginal Council on Species at Risk.

The Mackenzie River Basin Board’s 2021 State of the Aquatic Ecosystem Report is a good example of broad collaborative work between the federal government, Indigenous partners and five provincial and territorial governments. Work on the report illustrates how Indigenous knowledge and scientific observations enable a deeper understanding of changes in the environment.

The Government has entered into a number of conservation agreements with Indigenous peoples in support of species at risk recovery. This includes the signing in 2020 of an agreement between Canada, two First Nations, and the Government of British Columbia, which commits each of the Parties to substantive actions to assist recovery of Southern Mountain Caribou.

Key national Indigenous organizations

In addition to engagement at the regional or local community level, ECCC engages regularly with the national Indigenous organizations that represent and advocate for First Nations, Inuit, and Métis and facilitate Indigenous engagement in ECCC’s activities. Some of these organizations are listed below.

Assembly of First Nations

The Assembly of First Nations (AFN) is a national advocacy organization representing First Nation citizens in Canada, which includes more than 900,000 people living in 634 First Nation communities and in cities and towns across the country. The AFN’s mandate is to protect and promote the social, environmental, legal and cultural interests of First Nations. The AFN advocates on behalf of First Nations on issues such as Aboriginal and Treaty rights, economic development, education, languages and literacy, health, housing, social development, justice, taxation, land claims, environment, land and resources, and other issues of common concern. The AFN National Executive is made up of the National Chief, 10 Regional Chiefs and the chairs of the Elders, Women’s and Youth councils. The AFN is an organization that advocates on behalf of First Nations as directed by Chiefs-in-Assembly. This includes facilitation and coordination of national and regional discussions and dialogue, advocacy efforts and campaigns, legal and policy analysis, communicating with governments, the private sectors and the public.

Website: afn.ca

Métis National Council

The Métis National Council (MNC) is the national representative body for the Métis Nation; descendants of distinct Métis communities developed along the routes of the fur trade and across the Northwest within the Métis Nation Homeland (Manitoba, Saskatchewan, Alberta, as well as, parts of Ontario, British Columbia, the Northwest Territories and the northern United States). Established in 1983, the MNC has represented the Métis Nation nationally and internationally. They receive direction from elected Governing Members, which are democratically elected Métis governments from Métis Nation Saskatchewan, Métis Nation Alberta, Métis Nation BC and Métis Nation Ontario. On September 29, 2021, the Manitoba Métis Federation announced that, effective immediately, it is officially withdrawing from the MNC in order to focus on being the national voice for the Red River Métis.

Website: metisnation.ca

Inuit Tapiriit Kanatami

The Inuit Tapiriit Kanatami (ITK) is a representational organization that serves as a national voice protecting and advancing the rights and interests of Inuit peoples and culture across Canada. ITK is governed by leaders of Inuit rights-holding land claims organizations - the Inuvialuit Regional Corporation, Nunavut Tunngavik Incorporated, Makivik Corporation, and the Nunatsiavut Government. ITK also works with various Inuit organizations including the Inuit Circumpolar Council-Canada (ICC-C), the National Inuit Youth Council, and Pauktuutit Inuit Women of Canada. The organization was founded in Toronto in 1971 by seven Inuit community leaders who shared a common concern about the status of land and resource ownership in Inuit Nunangat (homeland).

ITK’s environment mandate is to ensure that Inuit are partners in decision-making, and that Inuit knowledge, perspectives and interests are considered in the development of environment and wildlife research, policy, legislation, and programs. ITK’s environment mandate also includes actively communicating on environmental and wildlife issues affecting Inuit, and supporting the enhancement of Inuit capacity to better address environment and wildlife priorities.

Website: itk.ca

Congress of Aboriginal Peoples

Congress of Aboriginal Peoples (CAP) was established in 1971 as the Native Council of Canada (NCC) to promote the rights and interests of off-reserve non-status Indian and Métis people living in urban, rural and remote areas of Canada. Reorganized and renamed in 1993, CAP has extended its constituency to include all off-reserve status and non-status Indians, Métis and Southern Inuit Aboriginal Peoples, and serves as the national voice for its provincial and territorial affiliate organizations to promote and advance the common interests, collective and individual rights, and needs of its constituents. CAP does not have individual memberships or provide programs and services directly to individuals.

Website: abo-peoples.org

Native Women’s Association of Canada

The Native Women’s Association of Canada (NWAC) is a national organization representing the political voice of Indigenous women, girls and gender diverse people in Canada, inclusive of First Nations on and off reserve, status and non-status, disenfranchised, Métis and Inuit. NWAC was founded on the collective goal to enhance, promote, and foster the social, economic, cultural and political well-being of First Nations and Métis women within First Nation, Métis and Canadian societies. NWAC is an aggregate of thirteen Native women’s organizations from across Canada and was incorporated as a non-profit organization in 1974. NWAC’s mission is to help empower women by being involved in developing and changing legislation, which affects them, and by involving them in the development and delivery of programs promoting equal opportunity for Aboriginal women.

Website: nwac.ca