Two landmark deals in western Canada could change the role of Indigenous nations in resource development projects, putting more power in the hands of groups that have long been excluded and signaling a possible shift in the way industry and governments negotiate with communities on the front lines of environmental degradation.
In recent years, a series of bitter pipeline battles have put the spotlight on the volatile nature of resource extraction projects, often pitting First Nations communities against powerful companies.
But this week the Yaq̓it ʔa·knuqⱡi ‘it (YQT), a community in southeastern British Columbia, signed an unprecedented agreement with mining company NWP Coal Canada that will give indigenous leadership a “veto” over the proposed project, dramatically changing the power indigenous nations have over their territory.
Under the deal, YQT will become the “regulator and reviewer” of the proposed C$400 million (US$300 million) Crown Mountain project.
“For too long, First Nations have not been brought to the table in decisions that directly affect our rights and interests,” Chief Heidi Gravel said in a statement, adding that her community will finally have the change to regulate projects on its own territory.
“We see this as the right thing to do – to treat indigenous holders like governments and take their word seriously,” said Dave Baines, director of project development at the NWP, who pointed to discontent in communities who feel that were inadequately consulted or promises were broken.
“The industry likes to do what has worked in the past rather than trying new things. But sometimes you have to break from what’s been done before and make that change.
Because past projects across the country have sometimes been criticized for a lack of meaningful consultation, Bains said the decision also makes good business sense.
“We see projects being rejected, they are not in line with the indigenous people in the area. Is it more of a risk for us to formally accept them as a regulator and work with them to get to yes? Or is it more of a risk to do the same old thing and possibly end up in court down the road?”
The proposed metallurgical coal mine would open in 2025 if approved by both federal and provincial regulators.
The region is currently home to coking coal mines with a poor environmental record: In March, a provincial court fined Teck Resources C$60 million after its operations on the Fording and Greenhills rivers contaminated local waterways with selenium. Other mines were proposed, but met with stiff opposition.
In its statement, Gravelle said the company had committed to a “consent-based environmental assessment,” meaning the NWP would require permission from YQT for the project to move forward, as well as oversight of the project through its expected life of the mine and recovery efforts.
“Getting planning permission is like a marriage: the hard work is not standing in front of the minister, but living in each other’s pockets for the next 30 years,” Bains said. If we’re going to work with these nations… it’s a journey together. This is not a one-time approval.
In recent years, indigenous leaders in western Canada have pushed for a greater say in – or even full control over – resource projects that affect their territory.
The deal comes after the Blueberry River First Nations, a community 1,200 km away, announced their own historic agreement with the province of British Columbia. In a landscape marked by relentless pressure for new industrial development, the deal will provide new protections for wildlife, a halt to logging in old-growth forests, new compensation for the community. Any new resource extraction projects will be limited in how much land they can disturb.
“For a long time, First Nations have been sidelined without being engaged or listened to,” Chief Judy Desjarlais told reporters as she and the premier announced the deal. “Today marks a new direction. First Nations will be involved in all stages of development. Blueberry now has a say every step of the way.”
The provincial government also agreed to establish a C$200 million recovery fund to help the land “heal” from years of industrial disturbance.
In 2021, the British Columbia Supreme Court sided with Blueberry River, finding that the province violated the nation’s treaty rights by allowing fossil fuel development in the region, which prevented the nation from being able to live off the land.
More revenue-sharing and land rehabilitation deals between the provincial government and First Nations are expected in the coming days.
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