Climate Change, Critical Minerals, and Indigenous Engagement with Regulatory Processes

The report examines the historical and current state of Indigenous engagement in Canada's resource sector, focusing on the transition to clean energy and critical minerals. It argues that while regulatory frameworks like the Impact Assessment Act have improved since the colonial era, they remain too complex, costly, and onerous, often failing to adequately recognize Indigenous sovereignty. Through case studies in Quebec, Nunavut, Saskatchewan, Yukon, and British Columbia, the document illustrates the spectrum of engagement from successful modern treaties and equity partnerships to ongoing conflicts over land title. The authors recommend a shift toward Indigenous-led evaluation and approval processes, the formal acceptance of Indigenous laws, and increased capacity support for communities to ensure the energy transition is equitable and grounded in free, prior, and informed consent.

• The transition to a clean economy will require a significant increase in mineral and renewable energy production, with critical mineral demand projected to reach US $325 billion in 2023 and $770 billion by 2040, necessitating approximately $30 billion in additional investment.
• Indigenous experts interviewed for the report unanimously believe that current federal and subnational regulatory procedures, including the amended Impact Assessment Act, are too onerous and do not appropriately support Indigenous aspirations.
• The federal Impact Assessment Act has increased the complexity and cost of project approvals by expanding the geographic and thematic scope of reviews, including gender-based analysis and cumulative effects investigations.
• While the Government of Canada has committed to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the principle of free, prior, and informed consent has not yet been fully integrated into law or regulatory practice.
• Modern treaties, such as the 1975 James Bay Agreement in Quebec, have successfully transformed Indigenous Peoples into partners in development, providing financial settlements and a significant role in infrastructure approvals.
• In the Yukon, the Umbrella Final Agreement of 1993 and subsequent Self-Government Agreements have increased Indigenous authority, though this has led to longer approval processes and corporate frustration.
• The Tahltan First Nation in British Columbia has successfully balanced resource development with cultural protection by requiring companies to adhere to their own protocols and laws, including the right to declare certain areas off-limits.
• The Baffinland mine in Nunavut demonstrates that Indigenous support is not a one-time event; the Nunavut Impact Review Board rejected a mine expansion after local hunters concluded the ecological and cultural risks were too high.
• Capacity constraints often disadvantage Indigenous communities in the regulatory process, as they may lack the technical experts and time to review voluminous technical reports provided by companies.
• The report recommends that governments move toward Indigenous-led processes for evaluation, approval, monitoring, and remediation, privileging Indigenous decision-making over external interventions.

APA

Gladu, J., Coates, K., & Savic, K. (n.d.). Climate Change, Critical Minerals, and Indigenous Engagement with Regulatory Processes. Canadian Climate Institute. https://climateinstitute.ca/wp-content/uploads/2025/05/Critical-minerals-Indigenous-engagement.pdf

Chicago

Gladu, JP, Ken Coates, and Katarina Savic. Climate Change, Critical Minerals, and Indigenous Engagement with Regulatory Processes. Canadian Climate Institute, n.d. https://climateinstitute.ca/wp-content/uploads/2025/05/Critical-minerals-Indigenous-engagement.pdf.

Wikipedia

{{cite report |last1=Gladu |first1=JP |last2=Coates |first2=Ken |last3=Savic |first3=Katarina |title=Climate Change, Critical Minerals, and Indigenous Engagement with Regulatory Processes |publisher=Canadian Climate Institute |url=https://climateinstitute.ca/wp-content/uploads/2025/05/Critical-minerals-Indigenous-engagement.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{gladundclimate, author = {Gladu, JP and Coates, Ken and Savic, Katarina}, title = {{Climate Change, Critical Minerals, and Indigenous Engagement with Regulatory Processes}}, institution = {Canadian Climate Institute}, url = {https://climateinstitute.ca/wp-content/uploads/2025/05/Critical-minerals-Indigenous-engagement.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }