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Putting government mismanagement of Indigenous affairs in the rear-view mirror

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From the Macdonald-Laurier Institute (MLI)

By Ken Coates for Inside Policy

The failures of governance on Indigenous affairs represents an unhappy situation where the problem is, simultaneously, too much government and too little governance

In an era of a mounting number of interconnected complex and difficult problems, one feels sorry for the politicians and civil servants attempting to produce policies, programs, and funding that will make real and sustained progress. We are often confronted with the frightening realization that government, as it is currently structured and directed, is simply not up to the challenges of the 21st century. This is certainly the case with Indigenous affairs in Canada, where the federal government struggles to find the right path forward.

The socio-economic data is clear. Indigenous peoples lag well behind the non-Indigenous population on almost all measures: personal income, access to clean water, educational outcomes, rates of incarceration, health outcomes, opioid deaths, tuberculosis cases, overcrowded homes, and many others. Language loss is endemic, many communities struggle with intergenerational conflict, too many cultural traditions are at risk, and long-term systemic poverty continues to take its toll.

Most Canadians think that the government of Canada is doing a great deal – some people think too much – to address Indigenous challenges and opportunities. They point, as the government often does, to billions of dollars in annual expenditures, formal and public apologies, major court judgments in favour of Indigenous defendants, a seat at a growing number of political tables, and concessions on language, values, and priorities.

The juxtaposition of these two realities is troubling – despite the massive expenditures on Indigenous affairs there are continued and major shortcomings in First Nations, Métis, and Inuit outcomes and achievements. Frustration burns deep in many Indigenous communities, as it does among the general population. Canadians at large have heard the many apologies, hundreds of program announcements, billions in spending, and the near-constant uncertainty of legal processes, and they too are deeply concerned about the failure of decades of concerted government efforts to make things better.

Of course, there have been major achievements. While media coverage focuses on conflict and despair, First Nations, Inuit, and Métis communities have made substantial improvements, even with the current difficulties in mind. Post-secondary attendance remains strong, with continuing challenges with the high school to PSE transition. Indigenous entrepreneurship is a bright spot in the Canadian economy. Modern treaties and self-government agreements are changing how the government manages Indigenous policies, funding, and decision-making. And impact and benefit agreements have secured Indigenous communities an important place in resource and infrastructure development.

But frustrations with the government of Canada’s management of Indigenous affairs continues. Communities complain of long-delayed negotiations, difficulties with payments, the omnipresent influence of the Indian Act, files lingering on the desk of the Minister of Indigenous Services Canada, the inability to get promised money out the door quickly and efficiently, the imposition of complicated accountability provisions, and many other problems. Even major settlements, like the $40 billion allocated to address shortcomings in child and family services, has been bogged down in unrewarding negotiations.

The failures of governance on Indigenous affairs represents an unhappy situation where the problem is, simultaneously, too much government and too little governance. Starting well before Confederation, paternalism became the hallmark of federal policy towards Indigenous peoples. Government officials believed that they knew best and managed Indigenous affairs with scant consideration of Indigenous ideas and goals – and often with a firm, manipulative hand. To the degree that Indigenous peoples escaped the dominance of Ottawa, it was largely due to the shortage of government workers and money, which meant that most northern peoples were left largely alone until the 1950s.

In the 1950s and 1960s, in a massive wave of self-justified paternalism, government intervention expanded rapidly. Indigenous peoples were required to live in government-established and run settlements, typically in government-built houses and under the control of a growing cadre of paternalistic Indian Agents. Residential and day school education became standard fare – as did acute language loss and the disruption of harvesting activity and traditional cultures. Welfare dependency, extremely rare before the mid-1950s, replaced harvesting and the mixed economy as the economic foundations of Indigenous life, with all of the controls and intrusions that attend any reliance on government cheques.

Well-meaning state officials inherited the paternalism of their predecessors, believing that government-designed and -run programs would provide Indigenous communities with pathways to the mainstream economy and the benefits of the dominant society. A few achievements stand out, but generally the effort did not work. Indigenous communities were transformed into frustrated supplicants, relying on a steady stream of applications and approval processes to provide what were typically short-term grants that would fund core community operations.

The arrangements prioritized federal budget-making and administration over Indigenous decision-making and community priority-setting. The budgets grew dramatically. Federal officials made countless announcements. The number of federal civil servants grew dramatically. And individual Indigenous people continued to suffer. Through decades in which state funding and programming continued to expand, the gap between Indigenous well-being and non-Indigenous social and economic conditions scarcely narrowed at all. What did grow dramatically was social dysfunction, self-harm, and family disarray.

It turned out that too much government “help” could be as bad as neglect and inattention to Indigenous needs. Ottawa continued to supply earnest and well-meant programs, but they were built with diminishing enthusiasm from Indigenous peoples. First Nations, Métis, and Inuit communities understood what the government of Canada did not: that community control was much more important and effective than Ottawa-centred policy-making. Much of the Indigenous effort since the 1970s has focused on righting the imbalance, establishing more self-government processes, expanding own-source revenues, and returning to Indigenous peoples the autonomy that had sustained them for centuries.

Indigenous peoples have their own agendas – and they have largely succeeded in changing the core foundations of Indigenous governance in Canada. Modern treaties have, for some people, eliminated some of the more pernicious aspects of the Indian Act and its associated bureaucracies. Self-governing First Nations are become more common and increasingly successful. The Inuit secured their own territory – Nunavut – and acquired considerable autonomy in Labrador and northern Quebec. Impact and benefit agreements and resource revenue sharing have given communities the funding they require to establish their own spending priorities. Duty-to-consult and accommodate provisions have given Indigenous communities a major role in determining the shape and nature of resource development. Major Supreme Court of Canada decisions continue to extend Indigenous authority.

This story of Indigenous re-empowerment has not yet fully unfolded, although the returns to date have been more than promising. Self-governing First Nations in the Canadian North and elsewhere have used their autonomy to very good effect. Communities near the oil sands in Alberta have used their involvement in resource extraction to create substantial autonomy for themselves. Near-urban and urban First Nations are supporting metropolitan redevelopment. Joint ventures and economic cooperation have become the norm rather than the exception. Struggles continue; generations of paternalism and government oversight are not overcome in a flash.

But the primary lesson is simple. State paternalism has been a force for disruption and manipulation of Indigenous communities. Re-empowerment, autonomy, and economic independence have demonstrated the potential to rebuild, enhance, and strengthen First Nations, Métis, and Inuit communities. Decades of government mismanagement of Indigenous affairs must be put in the rear-view mirror. It is time for the re-empowerment of Indigenous communities to become the new normal.

Indigenous realities have changed dramatically, particularly related to Indigenous rights, expectations, capacity, financial settlements and community expectations.  Government administration and policy-making, as current constituted, is not sufficiently community-centric, properly funded, appropriately responsive or driven by Indigenous imperatives.  Despite generations of large-scale spending and many programs and announcements, basic conditions are far too often seriously substandard and real progress slow and unimpressive.  With Indigenous people and their governments in the forefront, Indigenous governance and support requires a dramatic rethinking and Indigenous empowerment in order to respond properly to the challenges and opportunities of the 21st century.

Ken Coates is a Distinguished Fellow and Director of Indigenous Affairs at the Macdonald-Laurier Institute and a Professor of Indigenous Governance at Yukon University

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Energy

Indigenous-led Projects Hold Key To Canada’s Energy Future

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From the Frontier Centre for Public Policy

By Maureen McCall

Indigenous leaders call for policy reforms and Indigenous equity ownership to unlock Canada’s energy potential

A surprising twist in Canada’s pipeline debate emerged on Jan. 21, 2025, when Alberta Premier Danielle Smith called for a revival of the Northern Gateway pipeline.

Unexpectedly, Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, voiced support, warning that if Canada doesn’t act, Donald Trump will. Yet just a day later, Phillip abruptly retracted his statement, raising fresh questions about external influence and the future of Indigenous participation in energy development.

Northern Gateway, a pipeline once proposed to carry Alberta oilsands crude to the B.C. coast for export to Asia, was cancelled in 2016 after years of environmental opposition and legal challenges. Its demise became a symbol of Canada’s broader struggles to balance resource development, environmental concerns and Indigenous rights. Now, amid rising global energy demand and growing Indigenous interest in ownership stakes, calls to revive the project are resurfacing, with political, legal and economic implications.

Adding to the intrigue, Phillip has long been a vocal critic of major resource projects, including Northern Gateway, making his initial endorsement all the more surprising.

Some observers, like Calvin Helin, a member of the Tsimshian Nation and principal at INDsight Advisers, see deeper forces at work. A lawyer specializing in commercial and Indigenous law and a best-selling author, Helin believes the incident highlights how environmental activists are shaping the conversation.

“Environmental groups have infiltrated some Indigenous organizations,” Helin said in an interview. “They managed to support a government that championed their agendas, particularly Alberta-focused objectives like the coastal pipeline ban and changes to the regulatory approval system. In this era of Trump, all they’ve managed to do is weaken Canada’s position.”

Nonetheless, Helin emphasized that the energy industry has learned the importance of genuine engagement with Indigenous interests. He pointed out that Indigenous leaders increasingly support responsible natural resource development. Inclusion and recognition from the outset, Helin argued, are essential for energy projects in 2025 and beyond.

After the cancellation of Northern Gateway, Indigenous leader Dale Swampy, who helped establish the Northern Gateway Aboriginal Equity Partners, formed the National Coalition of Chiefs, a pro-development alliance of First Nation chiefs advocating for oil and gas development in their communities.

Swampy continues to champion the idea of a pipeline dedicated solely to moving bitumen to the coast, arguing that Canada has been “putting all its eggs in one basket” by selling almost exclusively to the United States while competitors, including the U.S. itself, have entered global markets.

According to the Canadian Energy Centre, global demand for oil and gas in emerging and developing economies is expected to remain robust through 2050. With the added pressures of U.S. tariffs, conversations about Canadian pipelines to tidewater have gained urgency. Swampy advocates for a policy reset and the revival of Northern Gateway, this time powered by Indigenous equity investment.

“First, we’ve got to get rid of the oil tanker ban (Bill C-48),” Swampy said. “We need more fluid regulatory processes so we can build projects on a reasonable timeline, without costing us billions more waiting for approvals—like TMX (Trans Mountain Expansion Project). And you’ve got to get the proponents back to the table. Last time, 31 of the 40 communities were already signed on. I believe we can get them on board again.”

Swampy continues to work with industry partners to develop an Indigenous-led bitumen pipeline to the West Coast. “We can get this project built if it’s led by First Nations.”

He also noted that other Indigenous leaders are increasingly recognizing the benefits of collaborating on resource development, whether in mining or B.C. LNG projects, which he says enjoy widespread First Nations support.

Discussions with Helin, Swampy and other Indigenous leaders resulted in the following policy recommendations for 2025 and beyond.

  • Repeal Bill C-69, the Impact Assessment Act. It blocks not only pipelines but also mines, refineries, export plants and other energy infrastructure in which First Nations want to invest. The Supreme Court of Canada ruled it unconstitutional on Oct. 13, 2023.
  • Cut taxes to offset U.S. tariffs. Reducing taxes on investment and energy projects can neutralize tariff impacts and attract new investment. Eliminate the carbon tax, which Indigenous leaders argue has placed Canada at a strategic disadvantage globally.
  • Repeal Bill C-59, the so-called greenwashing bill. According to Stephen Buffalo, president and chief executive officer of the Indian Resource Council of Canada, this legislation has silenced many voices within the Indigenous energy community.
  • Approve LNG plants and related infrastructure. Canada currently sells gas exports almost exclusively to the United States, but there’s a strong business case for expanding to Asian and European markets. In a recent Canadian Energy Ventures webcast, it was revealed that LNG sold to Europe fetches up to 16 times the price Canada receives from U.S. sales. First Nations are already successfully involved in Woodfibre LNG, Cedar LNG and Ksi Lisims LNG in B.C.
  • Cut regulatory delays. Prolonged approval timelines erode investor confidence. Streamlining processes can help projects proceed in reasonable timeframes.

Finally, clarify reconciliation guidelines. Clearly define what constitutes meaningful consultation. Industry must treat Indigenous peoples as true partners, advancing economic reconciliation through equity partnerships.

A social media stir over Northern Gateway has reignited debate over Indigenous ownership in Canada’s energy future. While some leaders waver, others like Helin and Swampy make a compelling case: Indigenous-led projects are crucial for Canada’s economic and energy security. Their message is clear — repeal restrictive policies, accelerate project approvals and embrace Indigenous equity. If Ottawa removes the roadblocks, Canada can unlock its full energy potential.

Maureen McCall is an energy business analyst and Fellow at the Frontier Center for Public Policy. She writes on energy issues for EnergyNow and the BOE Report. She has 20 years of experience as a business analyst for national and international energy companies in Canada.

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Canadian Energy Centre

First Nations in Manitoba pushing for LNG exports from Hudson’s Bay

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From the Canadian Energy Centre

By Will Gibson

NeeStaNan project would use port location selected by Canadian government more than 100 years ago

Building a port on Hudson’s Bay to ship natural resources harvested across Western Canada to the world has been a long-held dream of Canadian politicians, starting with Sir Wilfred Laurier.

Since 1931, a small deepwater port has operated at Churchill, Manitoba, primarily shipping grain but more recently expanding handling of critical minerals and fertilizers.

A group of 11 First Nations in Manitoba plans to build an additional industrial terminal nearby at Port Nelson to ship liquefied natural gas (LNG) to Europe and potash to Brazil.

Courtesy NeeStaNan

Robyn Lore, a director with project backer NeeStaNan, which is Cree for “all of us,” said it makes more sense to ship Canadian LNG to Europe from an Arctic port than it does to send Canadian natural gas all the way to the U.S. Gulf Coast to be exported as LNG to the same place – which is happening today.

“There is absolutely a business case for sending our LNG directly to European markets rather than sending our natural gas down to the Gulf Coast and having them liquefy it and ship it over,” Lore said. “It’s in Canada’s interest to do this.”

Over 100 years ago, the Port Nelson location at the south end of Hudson’s Bay on the Nelson River was the first to be considered for a Canadian Arctic port.

In 1912, a Port Nelson project was selected to proceed rather than a port at Churchill, about 280 kilometres north.

The Port Nelson site was earmarked by federal government engineers as the most cost-effective location for a terminal to ship Canadian resources overseas.

Construction started but was marred by building challenges due to violent winter storms that beached supply ships and badly damaged the dredge used to deepen the waters around the port.

By 1918, the project was abandoned.

In the 1920s, Prime Minister William Lyon MacKenzie King chose Churchill as the new location for a port on Hudson’s Bay, where it was built and continues to operate today between late July and early November when it is not iced in.

Lore sees using modern technology at Port Nelson including dredging or extending a floating wharf to overcome the challenges that stopped the project from proceeding more than a century ago.

Port Nelson, Manitoba in 1918. Photo courtesy NeeStaNan

He said natural gas could travel to the terminal through a 1,000-kilometre spur line off TC Energy’s Canadian Mainline by using Manitoba Hydro’s existing right of way.

A second option proposes shipping natural gas through Pembina Pipeline’s Alliance system to Regina, where it could be liquefied and shipped by rail to Port Nelson.

The original rail bed to Port Nelson still exists, and about 150 kilometers of track would have to be laid to reach the proposed site, Lore said.

“Our vision is for a rail line that can handle 150-car trains with loads of 120 tonnes per car running at 80 kilometers per hour. That’s doable on the line from Amery to Port Nelson. It makes the economics work for shippers,” said Lore.

Port Nelson could be used around the year because saltwater ice is easier to break through using modern icebreakers than freshwater ice that impacts Churchill between November and May.

Lore, however, is quick to quell the notion NeeStaNan is competing against the existing port.

“We want our project to proceed on its merits and collaborate with other ports for greater efficiency,” he said.

“It makes sense for Manitoba, and it makes sense for Canada, even more than it did for Laurier more than 100 years ago.”

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