Call to Action 92 presents an opportunity for the commercial real estate and land development industry to realize many social, economic and project-specific paybacks linked to respectful relationships and economic reconciliation with Indigenous peoples. Newly released guidance, sponsored by the Urban Land Institute (ULI) Toronto chapter, arises from a three-year initiative exploring the industry’s role in Canada’s truth and reconciliation efforts.
Participants from 33 real estate and affiliated organizations worked with Indigenous advisors and other facilitators to consider what is involved in “meaningful consultation” and “equitable access” to benefits in the context of project development and broader business operations. Those are key concepts in Action 92 — one of 94 recommendations the Truth and Reconciliation Commission released in 2015 following the national inquiry into the residential schools system — which are also grounded in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), to which Canada is a signatory.
“This guide is more than a resource — it’s a call to leadership,” asserts Richard Joy, ULI Toronto’s executive director. “It challenges our industry to go beyond land acknowledgements and make reconciliation a living, measurable part of how we build and operate.”
Shared Path Consultation Initiative, a not-for-profit advisory focused on the intersection of land use changes and Indigenous treaty rights, led a series of workshops that informs the new guidance. Bob Goulais, president and senior principal with Nbisiing Consulting, a firm that facilitates Indigenous relations, was among other key advisors and contributors to the document.
It is organized around four action areas to advance reconciliation:
- governance and co-development;
- education;
- equity and economic opportunity; and
- relationship building.
The guide also provides illustrative insight on Northcrest Developments’ memorandum of understanding (MOU) with the Mississaugas of the Credit First Nation and the process the two parties have undertaken around the redevelopment of the former Downsview Airport lands within Toronto.
“Our hope is that this guide is used as a tool to foster more collaboration and inclusion of Indigenous voices across the land development industry,” observes Carolyn King, president and board chair of Shared Path. “We see it as a tool to inspire corporate Canada to embrace true collaboration, co-development and Indigenous leadership.”
Users of the guide are advised to look inward, to educate themselves and their employees, find ways to incorporate Indigenous perspectives into decision-making and make efforts to learn about the specific First Nations and/or Metis or Inuit group or groups with whom they’re seeking to engage. There are a range of resources that can help companies on this learning journey, and many of the suggested elements to help the commercial real estate and development industry fulfill Call to Action 92 are relevant to more than one of the four proposed action areas.
An understanding of UNDRIP and its concept of “free, prior and informed consent” and Section 35 of Canada’s Constitution Act, which affirms the rights of Indigenous peoples, are essential to engagement and reconciliation. Companies are also advised to consult documents like the National Indigenous Economic Strategy (NIES) and various Band Councils’ websites and publications, and to examine the commitments and action steps that government bodies, other industry associations and public interest organizations have made.
Relationship building and fostering equity and economic opportunity are largely parallel steps that require inclusivity within real estate organizations and a willingness to provide technical supports and financial arrangements that could enable Indigenous partners to attain an equity stake in projects. That also means employing Indigenous workers, suppliers and service providers. Given that Indigenous peoples make up roughly 5 per cent of Canada’s population, it’s suggested this could be a starting target for company-wide procurement and hiring, regardless of any project-specific considerations.
In associated advice, Goulais reiterates that relationships differ from deals, and the best ones involve interaction that is respectful, meaningful and collaborative.
“Far too often, the only time Indigenous people hear from the Crown, municipalities, agencies or proponents is when they need something from us. We need to begin the practice of developing relationships first, long before we need them,” he maintains. “Relationships serve us well when undertaking challenging projects or situations.”
Notably, the MOU between Northcrest Developments and Mississaugas of the Credit First Nation (MCFN) evolved from two formative years of relationship building and two subsequent years of joint work on the tenets of the agreement. The resulting MOU outlines the two parties’ shared agreement on their commitments and responsibilities, which are tied to strategic objectives, work plans and accountability measures.
This establishes expectations and sets the course for MCFN to participate in and gain economic development benefits from the massive redevelopment project. That also includes the integration of MCFN history and culture into the project design, landscape and on-site features and events programming. The MOU is not legally binding, but is defined as a “clear point of reference” for a mutually beneficial working relationship.
“Proactive and collaborative problem-solving through early engagement allows Indigenous Peoples and companies alike to avoid disagreements and potential conflicts later in a project’s lifecycle,” the guidance document states. “It is a risk mitigation strategy with many additional upsides like equity partnership and procurement.”
