Do You Want a Lawsuit or a Legacy? The Business Case for Indigenous Equity and Early Investment

For over 20 years, I’ve been saying this:

And I don’t mean just ticking boxes. I mean truly engaging communities early, with respect, equity, and partnership at the core. But guess what? Too often, proponents want to do the bare minimum upfront, then spend millions (yes, millions) on lawyers, court battles, and endless delays.

It baffles me. Why not invest in good faith conversations early on? Why not build relationships that last instead of hoping to slip under the radar with minimal effort? Spoiler: Courts don’t love that strategy — communities certainly don’t — and your reputation? Well, good luck recovering that. Well, good luck recovering that.

Years ago, as a junior impact assessment practitioner, I advised a mining company to reach out to Indigenous Nations early – ‘bring them in as partners, build trust early – if you have their consent, permitting through the province will be a no-brainer if you do this right’.

The company’s legal counsel piped up, 'FPIC is aspirational. It's not legally required. All you need to do is notify the communities about your intentions'.

My advice was dismissed as the expensive, not-technically-required route.

Long story short, the legal advice in that boardroom saved some dollars in the moment, but it cost dearly in the end. Communities blocked the site. Court injunctions followed. The company lost serious credibility with the Nations, local people and stakeholders.

Meanwhile, the legal team did just fine. No shade - I’ve got a lot of great lawyer friends who would’ve backed my rookie advice.

Bottom line: It baffles me to this day how many proponents choose to do the bare minimum and risk it. Meanwhile, they argue they want more certainty. How they don’t see the contradiction and in what they want and how they go about it blows my mind.

Fast forward to today, Manitoba is setting a commendable example with its 600 MW wind energy procurement, as outlined in the Affordable Energy Plan. This initiative mandates that projects be First Nations and Métis-majority-owned (51% or more). To facilitate this, the province has introduced an Indigenous loan guarantee program, providing the necessary capital support for First Nations and Métis governments to participate in the energy transition.

This approach goes far beyond empowering Indigenous governments - it aims to ensure that projects are deeply rooted in local knowledge and priorities. By fostering genuine partnerships, Manitoba is paving the way for sustainable and inclusive energy development.

In this political and economic climate that is exploring ways to fast-track major projects, if you’re a proponent bringing forward any natural resource sector, renewable energy, food, major infrastructure projects and finding yourselves still skipping early conversations, it’s time for a reality check:

Who Do You Want to Be in Business With?

• The shortcut-takers who cut corners and hope nobody notices? (trust me, everybody sees it — we’re not in the ’70s anymore.)
• Or the ones who know their lands, know their people, and understand that true investment pays dividends for decades, not just 20 years, but 200?

That’s not just good ethics - it’s good economics. Early investments and equity partnerships build trust, reduce risk, and make for smoother project delivery.

So, Respectfully, Here’s My Challenge to You, Project Leaders:

• Who are your partners? Are they truly partners or just names on a list?
• Are you investing in those relationships early enough, or waiting until you have to?
• What legacy do you want your project to leave behind?

Because here’s the hard truth: If you’re not having those investment and equity conversations from day one, you’re the ones introducing uncertainty into your projects – it's not First Nations, Métis, or Inuit governments making things difficult for you – it’s you. Let me say that again.