Introduction

In Canada, the resource sector—comprised of energy, minerals and metals, and forests—is a major economic contributor; the sector represents approximately 16% of Canada’s nominal gross domestic product (GDP) and employed 1.9 million people directly or indirectly in 2020.^[1] More than 900 communities are economically reliant on at least one of the resource sectors, two thirds of which are significantly or highly reliant on those sectors.^[2] The Government of Canada estimates that, as of April 2022, there were 470 major resource projects^[3] under construction or planned for the period 2022–2032, representing $520 billion in potential capital investment.^[4]

Resource development projects have direct impacts on communities located nearby. Part of the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (the National Inquiry) focussed on the relation between resource development projects and violence against Indigenous women and girls. It concluded that resource development projects can “exacerbate the problem of violence against Indigenous women and girls” from non-Indigenous men as well as within Indigenous communities.^[5] The report cited several contributing factors such as “transient workers, harassment and sexual assault in the workplace, rotational shift work, substance abuse, and addictions and economic insecurity.”^[6] The National Inquiry completed its work in 2019 and delivered 231 Calls for Justice, some of which aimed to eliminate violence against Indigenous women and girls with regard to extractive and development industries (Calls for Justice 13.1 to 13.5).^[7]

To ensure that resource development projects in Canada are conducted in environments that are free from violence, the House of Commons Standing Committee on the Status of Women (the Committee) agreed on 1 February 2022 to undertake a study on resource development and violence against Indigenous women and girls. The Committee adopted the following motion:

That, pursuant to Standing Order 108(2), the committee undertake a study on the relationship between resource development and increased violence against Indigenous women and girls, as it relates to Calls for Justice 13.4 and 13.5 of the National Inquiry into Murdered and Missing Indigenous Women and Girls; that the committee dedicate at least four meetings to this issue, report its findings and any recommendations to the House; and that, pursuant to Standing Order 109, the committee requests a comprehensive Government response to the report.^[8]

Between 26 April 2022 and 22 September 2022, the Committee heard from 47 witnesses: the Minister of Crown-Indigenous Relations and the Minister for Women and Gender Equality and Youth, representatives from five federal departments and bodies, witnesses representing 14 organizations, and three witnesses appearing as individuals. The Committee also received 15 written briefs. The Committee would like to express its gratitude towards all individuals who contributed to its study. The Committee thanks them for their valuable contributions and for having taken the time to meet with the Committee or to send a written brief.

This report focusses and makes recommendations to the Government of Canada on the following main issues:

• describing the relationship between violence committed against Indigenous women and girls and resource development projects;
• ensuring that resource development in Canada respects the rights of Indigenous peoples;
• increasing corporate responsibility in the resource development sector; and
• guaranteeing Indigenous women and girls’ access to wraparound services.

Violence against Indigenous Women and Girls in Canada

The National Inquiry concluded that resource development projects can “exacerbate the problem of violence against Indigenous women and girls” from non-Indigenous men as well as within Indigenous communities.^[9] Communities located near resource development projects usually see an influx of temporary workers coming in to work on these projects, primarily non-Indigenous men lodged in temporary housing (described as “man camps”^[10] or “boom towns”^[11]). The culture in these environments is “misogynist and hypermasculine,” and dehumanizes Indigenous women.^[12] Harmful and dehumanizing stereotypes about Indigenous women and girls that stem from colonization and are perpetuated by Canadian society, such as “[Indigenous] women will do anything for money” or Indigenous women and girls “are there to be exploited,” as well as the hyper-sexualization of Indigenous women and girls, can give a sense of entitlement to men.^[13] They can believe that Indigenous women and girls “are there to be exploited” and that they can exploit them because people “can get away with it.”^[14]

This situation causes “increased rates of physical violence, including but not limited to domestic violence, high rates of sexual exploitation and sex trafficking, sexual assaults and rapes, and increased rates of disappearance”^[15] in communities located near the resource development projects. In a written brief, the Centre to End All Sexual Exploitation told the Committee that men’s demands for accessing women’s bodies “fuels the sex trade, especially when women have few economic options. Where there is a demand, there are also those who see a business opportunity to traffic in human beings.”^[16] Martina Saunders, Community Engagement Coordinator for the York Factory First Nation, described how Indigenous women and girls were affected by the Keeyask Project on the lower Nelson River in northern Manitoba, a partnership between four First Nations^[17] and Manitoba Hydro:

York Factory First Nation quickly learned that covert and overt racism, sexism, homophobia and sexual violence was being experienced by our [I]ndigenous women and [T]wo-[S]pirit people in these hydroelectric projects as a result of this historic and ongoing relationship with Manitoba Hydro. Not only have our young women and [T]wo-[S]pirit people experienced these human rights abuses, our women—including me—have faced bullying, harassment, racism and discrimination by industry workers at the corporate offices of Manitoba Hydro in the urban centre of Winnipeg, Manitoba.^[18]

The Committee was told that other types of activities, such as major infrastructure projects, also create the same high-risk environments for Indigenous women and girls.^[19]

Indigenous women who work in the resource development industry can also experience violence and abuse in the workplace. According to a representative from the Department for Women and Gender Equality, some studies about Indigenous and racialized women’s experience in mining camps show that “three-quarters of the women working in these industries have experienced discrimination: gender-based discrimination and discrimination based on indigeneity or sexual orientation.”^[20]

For Indigenous women and girls, the threat of experiencing violence in their communities can mean that they choose to alter their daily activities to ensure their safety. For example, women might choose not to visit certain sites or not to participate in selected activities.^[21] Some Indigenous women might choose to leave their communities to go to cities to find safer spaces, which in turn can create new health and economic challenges for them.^[22] As well, witnesses explained that social and economic changes in Indigenous communities caused by resource development projects can lead to family breakdowns, increased human trafficking, and a rise in substance use and addiction problems in communities.^[23]

Colonization and Violence against Indigenous Women and Girls

In its final report, the National Inquiry stated that violence is more likely to occur when the following four forms of colonial violence are present in the lives of Indigenous women and girls:

• “historical, multigenerational, and intergenerational trauma;
• social and economic marginalization;
• maintaining the status quo and institutional lack of will; and
• ignoring the agency and expertise of Indigenous women, girls, and [Two-Spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex and asexual] people.”^[24]

These pathways to violence do play out in the context of resource development projects.

The contamination and destruction of lands and waterways affect “all aspects of Indigenous community and family life.”^[25] It negatively impacts Indigenous peoples’ livelihoods, food security as well as the “social and cultural fabric of Indigenous communities.”^[26] This contributes “to widespread cultural loss and [results] in ongoing vulnerabilities that affect community social structures and relationships.”^[27] For this reason, the Committee was told that the contamination and destruction of lands and waters as a result of resource development constitutes violence against Indigenous communities, and particularly against Indigenous women who have strong spiritual and cultural connections to lands and waters.^[28]

Resource development projects can prevent Indigenous peoples from living on their lands^[29] and from using the lands and waters to practise and teach Indigenous culture.^[30] The Honourable Michèle Audette, Senator and Former Commissioner of the National Inquiry, who appeared as an individual, told the Committee:

Beyond physical and sexual abuse, resource exploitation has consequences across the board for [I]ndigenous women, and for women in general. I would suggest to you that it is important to link this issue to the spiritual, physical and mental relationship we have with water, nature, flora, animals and all that nature and the land allow us to honour. Holistic health and environmental health are also affected.^[31]

Ellen Gabriel, Indigenous Land Defender from Kanehsatà:ke, who appeared as an individual, explained that “the colonial project is, in fact, overriding, oppressing and suppressing traditional knowledge and traditional rights.”^[32] Kilikvak Kabloona, Chief Executive Officer of Nunavut Tunngavik Incorporated, explained that the “racist and discriminatory legacy of colonization disrupts, undermines and ignores Inuit women's place in society, and diminishes their roles and responsibilities as Inuit.”^[33]

While in some cases resource development could foster positive socio-economic outcomes for Indigenous communities, the Committee heard that Indigenous peoples “have not authentically been involved in an empowering way” in resource development.^[34] This affects their socio-economic conditions to this day. Within the resource development industry, Indigenous individuals “tend to have low-paying jobs and they tend to not stay in the industry, because they do not have the continued opportunities for development to take on more powerful positions.”^[35]

Access to Data and Information

The Committee was told that having access to data about violence against Indigenous women in the context of resource development projects is important to evaluate the extent of the problem and address it.^[36] Witnesses noted that while research and qualitative data exist on the link between resource development projects and violence against Indigenous women and girls, there remains a lack of “nationally representative statistics” on this issue.^[37] For example, Statistics Canada indicated that police-reported data on victims and perpetrators of crime collected via the Uniform Crime Reporting Survey (UCR) are not disaggregated by Indigenous identity. In addition, not all crimes are reported to the police; reporting rates are lower among Indigenous populations compared to those of non-Indigenous populations. Indigenous peoples’ historical experiences with law enforcement, and the resulting distrust of police forces, can be a barrier to Indigenous women’s and Indigenous populations’ crime reporting.^[38]

During this study, witnesses recommended the Government of Canada earmark funding to study the relation between resource development projects and violence against Indigenous women and girls to determine the best approach to supporting Indigenous women and communities located near such projects.^[39] In particular, witnesses noted their concerns about the lack of awareness in Indigenous communities on the connection between resource development and gender-based violence, particularly regarding human trafficking, and recommended further research on the topic and on violence mitigation strategies.^[40] Ramona Neckoway, Associate Professor, Wa Ni Ska Tan: An Alliance of Hydro-Impacted Communities, shared some factors that can affect Indigenous women’s knowledge about the relationship between resource development projects and gender-based violence and ability to provide consent for such projects:

I think there certainly has been an absence of women. I think that's partly due to the structures that are being used in the consent process. Again, when we think about the level of education in the communities, not everybody speaks English as their first language. There are a lot of pressures that may impact the ability to provide consent or even provide enough of a description so that folks know what's going on in the communities. That can be problematic at times. I haven't investigated that myself, but from having conversations and from the work that we've done with people, I think an observation that can be drawn is that there isn't a lot of direct involvement of women in that process.[41]

As well, the Committee was told that funding should be allocated to Indigenous community-led research: “Regulators and industry need to collaborate with Indigenous communities to define data needs and ensure that analysis and reporting of socioeconomic indicators [meet] the information needs of Indigenous communities and are coupled with clear requirements for action.”^[42]

A representative from the Department for Women and Gender Equality indicated that funding has been allocated for expanding “national data with respect to the impacts of resource extraction on [I]ndigenous women and girls and violence.”^[43] Statistics Canada explained that it is collaborating with the Canadian Association of Chiefs of Police to collect Indigenous and racialized identity data of all victims and accused persons through the UCR and that it sought feedback from diverse groups on this initiative, including Indigenous and racialized organizations and police services.^[44] However, Marjolaine Étienne, President of Quebec Native Women Inc., expressed concerns that too few studies are funded, which does not allow for the experiences of Indigenous women and girls to be heard.^[45]

Another way to gather data is via public inquiries. The second part of the National Inquiry’s Call for Justice 13.4 requests a public inquiry into the sexual violence and racism at hydroelectric projects in northern Manitoba. Several witnesses supported this Call for Justice.^[46] In a written brief, the York Factory First Nation indicated that this public inquiry is needed to:

• “… build understanding inside and outside host communities, and to de-normalize the gendered violence;
• … understand the structural and systemic issues underpinning acts of racism, harassment, discrimination, and violence being experienced by Indigenous peoples, and in particular Indigenous women and Two-Spirit individuals;
• … understand gendered violence and its impacts;
• … help our people to speak and document their experiences, many of which have never been shared;
• … help our people come to terms with what they have experienced as a result of development in our lands;
• … overcome the inherent bias of proponent-led project monitoring; and
• … present recommendations specific to the cultural and historical context of northern Manitoba.”^[47]

In addition, Wa Ni Ska Tan: An Alliance of Hydro-Impacted Communities called for the federal government to support “a public inquiry into the gendered violence associated with historic and contemporary 'man camps' and construction sites.”^[48]

Therefore, the Committee recommends:

Recommendation 1—Data Collection

That the Government of Canada increase funding to relevant federal departments and other organizations, in particular to Indigenous-led research projects, that are studying violence against Indigenous women, girls, and Two-Spirit individuals, to expand their capacity to collect qualitative and quantitative data on the relation between resource development projects and Indigenous women, girls and Two-Spirit individuals’ experiences of violence.

Ensuring that Resource Development Projects Are Beneficial to All

During its study, the Committee heard of many actions that could be taken to ensure resource development projects are beneficial to everyone involved, but particularly to Indigenous women and girls. Witnesses focussed on the importance of respecting Indigenous peoples’ rights and of holding resource development companies accountable. These elements are detailed in the sections that follow.

Respecting Indigenous Rights

Adopted in 2007 by the United Nations General Assembly, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) provides a “universal framework of minimum standards for the survival, dignity, wellbeing and rights of the world's [I]ndigenous peoples.”^[49] It details both individual and collective rights, including the right to self-determination and self-government over local matters.^[50] According to witnesses, Canada is responsible for upholding these rights, as well as women’s rights,^[51] and must comply with its obligations.^[52] In addition, witnesses emphasized the fact that Canada must respect Indigenous ancestral and traditional laws and rights to the lands.^[53]

In Canada, the United Nations Declaration on the Rights of Indigenous Peoples Act (the Act) was given Royal Assent in June 2021. The Act affirms that the UNDRIP has application in Canadian law and provides a framework for the Government of Canada to implement it.^[54] Lisa J. Smith, Senior Director, Governance, International and Parliamentary Relations for the Native Women's Association of Canada, told the Committee that when the UNDRIP is fully implemented and that Canada's policies and legislation are aligned with it, it will “ensure the minimum human rights of [I]ndigenous women, transgender and gender-diverse people will be upheld.”^[55]

However, Ellen Gabriel noted that, despite the Act, the status quo remains:

The rights to [resource] development threaten our existence as [I]ndigenous peoples of Turtle Island. Indigenous peoples must constantly fight to protect our lands, waters and natural resources. Now is the time to put action into words. There has to be a movement to bring the political rhetoric to a decolonial framework and relationship in order to help [I]ndigenous peoples, protect them on the front lines, and protect our security and who we are as the [F]irst peoples of Turtle Island.^[56]

The Committee was told that the federal government should direct funding towards initiatives that ensure Indigenous peoples have control over their lives, such as self-determination, implementation of Indigenous peoples’ laws, supporting Indigenous women as decision makers.^[57]

Therefore, the Committee recommends:

Recommendation 2—Indian Act

That the Government of Canada, in its commitment to uphold the United Nations Declaration on the Rights of Indigenous Peoples, including respecting the right to free, prior, and informed consent of Indigenous peoples, work in partnership with Indigenous peoples to undo federally imposed systems of governance and administration in favour of control and delivery, including working with Indigenous peoples to support them in their work to rebuild and reconstitute their nations, advance self-determination and, for First Nations, facilitate the transition away from the Indian Act and toward self-governance.

Obtaining Free, Prior, and Informed Consent

Among other principles, the UNDRIP recognizes Indigenous peoples’ right “to determine and develop priorities and strategies for the development or use of their lands or territories and other resources,” as well as the right to redress, including “just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.”^[58]

However, the Committee was told that resource development projects in Canada are often conducted without Indigenous communities’ consent and in a way that does not respect their human rights.^[59] Witnesses stressed the fact that resource development projects should not take place without Indigenous communities’ free, prior, and informed consent.^[60] To achieve this, Indigenous communities should be meaningfully consulted at all stages of the project development (before, during and after) to decide on the project going forward or not.[61] The effects of resource development projects should also be evaluated while they are underway.^[62] Ellen Gabriel stated:

It's sitting down and having everybody who is a rights holder able to make a decision on what kind of development takes place on our territories, on our lands, and what the consequences are, and for businesses to understand that we have the right to withhold consent if we feel it is a serious infraction and has serious consequences to the environment and to the health and well-being of the people.^[63]

The Committee heard that Indigenous communities must provide their free, prior, and informed consent, and not just be consulted. Specifically, the Honourable Marc Miller, Minister of Crown-Indigenous Relations, told the Committee that Indigenous women’s voices should be heard during the consultation processes.^[64] He added that companies are starting to realize that getting Indigenous communities’ approval for projects and doing the consultation properly improve outcomes for communities surrounding the projects as well as for the industry.^[65] Furthermore, Diane Redsky, Executive Director of the Ma Mawi Wi Chi Itata Centre Inc., told the Committee solutions to end violence against Indigenous women and girls should be derived from the community level, which is why there should be a co-development approach between government, industry and Indigenous communities.^[66]

Therefore, the Committee recommends:

Recommendation 3—Respecting Indigenous Rights

That the Government of Canada ensure the full implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) under Canadian law, and that resource development in Canada is grounded in UNDRIP.

Implementing All Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls

The Committee was told that the Government of Canada must implement all Calls for Justice of the National Inquiry “and follow through with a concrete, timely and actionable plan for implementation across all levels of government and within industrial sectors where violence is pervasive.”^[67] The Government of Canada published the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People as its contribution to the 2021 Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan: Ending Violence Against Indigenous Women, Girls, and 2SLGBTQQIA+ People.^[68]

However, witnesses noted that little has been done to implement the 231 Calls for Justice of the National Inquiry since 2019^[69] and stressed the need for enhanced monitoring of the implementation of these Calls for Justice.^[70] More specifically, witnesses highlighted the importance of implementing Call for Justice 1.7 and 1.10, which call for the establishment of an independent National Indigenous and Human Rights Ombudsperson and a National Indigenous and Human Rights Tribunal (Call for Justice 1.7) and an independent mechanism to report on the implementation of the Call for Justice (Call for Justice 1.10), to hold governments accountable.^[71] Diane Redsky stressed that the implementation of the Calls for Justice must be done while respecting the principles for change and acknowledging the four pathways to colonial violence outlined in the National Inquiry’s final report.^[72] The pathways to colonial violence are listed in this report the section entitled “Colonization and Violence against Indigenous Women and Girls.”

Therefore, the Committee recommends:

Recommendation 4—Calls for Justice

That the Government of Canada implement all Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls that are directed to the federal government.

Impact Assessment of Resource Development Projects

The Committee heard that resource development projects should undergo a socio-economic impact assessment and/or a culturally relevant Gender-based Analysis Plus (GBA Plus) prior to being implemented,^[73] a recommendation consistent with Call for Justice 13.2 of the National Inquiry.^[74] Lisa J. Smith explained that culturally relevant GBA Plus allows for the impacts of colonization and intergenerational trauma to be considered during the analysis process, and for policy to not “perpetuate colonial attitudes.”^[75] The Committee was told that projects that put Indigenous women and girls at risk of experiencing violence should not go forward unless there are guarantees in place for their protection.^[76] Women’s safety should be considered “during all stages” of resource development projects.^[77]

In 2019, the Impact Assessment Act replaced the Canadian Environmental Assessment Act, 2012.^[78] The scope of the Impact Assessment Act is broader: it requires that “a project's impacts on the rights of [I]ndigenous peoples and effects to [I]ndigenous health, social and economic conditions be considered,” and that “[I]ndigenous knowledge be considered.”^[79] It also requires that GBA Plus be applied “to understand the disproportionate effects that major projects have on diverse subgroups of people.”^[80] The Impact Assessment Agency of Canada (IAAC) is responsible for conducting these impact assessments,^[81] and for supporting the Minister of Environment and Climate Change and the Governor in Council in making decisions on those projects.^[82] To date, the IAAC requires that project proponents provide information about risks to Indigenous women's safety and security posed by their projects.^[83]

The impact assessment process allows for the identification and mitigation, where possible, of adverse effects of projects on communities. Mitigation measures can be added as enforceable conditions in decision statement by ministers. These measures can include actions to ensure Indigenous women and girls’ safety and security.^[84] Examples of possible mitigation measures shared with the Committee include “physical site and security measures, employee support programs, employment policies and conditions related to harassment or anti-harassment, education awareness programs and support for community social infrastructure.”^[85] Under the Impact Assessment Act, these conditions would be binding and subject to monitoring and enforcement.^[86] An IAAC representative told the Committee that 19 projects were currently undergoing an impact assessment; however, since this process is new, no project has completed the cycle yet.^[87]

The Committee also heard that community benefit agreements can be negotiated between companies and communities located near resource development projects. Kilikvak Kabloona shared some examples of Inuit Impact and Benefit Agreements (IIBA) negotiated between Inuit organizations and mining companies with the Committee. She indicated that all IIBA have Inuit employment and training, as well as contracting requirements, which are not usually met.^[88] She added that clauses on daycares and funding for social initiatives were under consideration for IIBA currently in the negotiation phase.^[89]

Therefore, the Committee recommends:

Recommendation 5—Impact Assessment

That the Government of Canada ensure that a culturally relevant Gender-based Analysis Plus is undertaken by the Impact Assessment Agency of Canada in each natural resource development project review with the goal of informing decision-making and identifying mitigation measures that could be implemented to prevent violence against Indigenous women, girls, and Two-Spirit individuals for approved projects.

The Case of Nunavut: The Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada

Under Article 23 of the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada (Nunavut Agreement), the Government of Canada must ensure, in Nunavut, Inuit employment in government to a representative level.^[90] The Committee was told that “Government of Nunavut is at approximately 50% Inuit employment, and the Government of Canada is at approximately 30% Inuit employment.”^[91] The Nunavut Agreement “outlines the steps to achieve representative Inuit employment, including pre-employment training.”^[92] Kilikvak Kabloona told the Committee that the Government of Canada is not honouring these commitments, which has direct impacts for Inuit women’s economic security and safety: “We are still concerned with the slow pace of this training and, as a result, Inuit women often have no choice but to accept low-paying [employment] on a rotational basis at camps such as mining camps.”^[93]

The Committee was told that three mines are operating on Inuit-owned land covered under article 23 of the Nunavut Agreement. IIBAs are in place and require training for Inuit; however, the Committee heard that those “mining companies have lower Inuit employment levels than the government,” and that while they have “more robust training programs for their staff under the IIBAs … they have all stagnated on Inuit employment and largely employ Inuit at the lower levels of income.”^[94] Kilikvak Kabloona indicated that operations are not suspended if industry does not respect those requirements.^[95]

Therefore, the Committee recommends:

Recommendation 6—Inuit Employment

That the Government of Canada, as per its commitment in the Agreement Between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada, work to increase Inuit employment to a representative level in the federal public service in Nunavut, and that accountability mechanisms be implemented if companies fail to meet the agreed upon requirements outlined in Inuit Impact and Benefit Agreements.

Corporate Responsibility

Witnesses emphasized the need to hold resource development companies accountable for the impacts that their projects have on Indigenous lands and communities.^[96] They indicated that companies should invest in communities they work in and take action to ensure that Indigenous women they employ, as well as those living in nearby communities, are safe and do not suffer from unintended consequences of the resource development projects.^[97] As well, witnesses stated that there is a need for both government and Indigenous oversight of the activities of resource development companies.^[98]

The Committee heard that resource development companies can establish several policies in the workplace to protect the safety and security of Indigenous women and girls. Those include, for example, supporting community safety initiatives, providing employment training, creating safety protocols for the workplace, tracking and reporting on incidents of gender-based violence, increasing Indigenous women’s representation in the industry, and adjusting recruitment procedures and educating workers.

Workplace Policies to Ensure Women’s Safety

Resource development companies can work with Indigenous communities, particularly with Indigenous women and Two-Spirit people, to create safety plans prior to a project’s start.^[99] Safety planning should also involve individuals “familiar and well-versed in decolonized approaches, trauma-informed care and gendered violence.”^[100] The Committee was told that the onus should be on companies to create those plans prior to development, and in consultation with Indigenous peoples, Indigenous communities and women, and that “[g]overnment needs to work … to hold that resource sector accountable for these safety plans.”^[101]

As explained in a previous section, the influx of temporary workers in communities can create dangerous situations for Indigenous women and girls. Companies can establish a worker accommodation strategy to deal with this issue. In deciding to house employees in a camp, in hotels or in rental units, companies should consider “the specific location of the camp, the strength of policies regarding drugs and alcohol and harassment, conditions that are set by the regulator, training that is required to be taken by workers, and the depth of relationships that are fostered with local responders and community supports.”^[102] Limiting the length of time a temporary work camp is allowed to operate is also an option to increase safety for Indigenous women and girls.^[103]

The Committee was told that resource development companies should be required to develop and enforce policies and codes of conduct that cover harassment, including sexual and psychological harassment,^[104] and sexual violence.^[105] Proper procedures and mechanisms should be in place to investigate complaints regarding violence.^[106] Leslie Varley, Executive Director of the British Columbia Association of Aboriginal Friendship Centres, stated that there should be no leniency towards men in the resource development sector who commit violence:

I would ask the resource sectors to develop a zero tolerance policy for their workers to make sure that if there is any violence, they are outed. There doesn't have to be this burden of proof through the justice system where women have to take it, and are essentially revictimizing themselves going through the court process. We want to get rid of all that. If we have reports of violence from men working in the sector, then we move them out of that sector, and we don't get them back.^[107]

Witnesses stated that women must be aware of the existing procedures and recourses available to them if they experience violence and want to report the situation.^[108] However, the Committee was told that “there is a lack of awareness and trust in industry-led grievance mechanisms and that industry-led hotlines are not a form of meaningful engagement with Indigenous people.”^[109] Because of the lack of appropriate mechanisms to report violence and a lack of trust that incidents will be dealt with properly, victims of violence are more likely not to report incidents when they occur.^[110] The Honourable Michèle Audette added that “the mechanisms or spaces provided for reporting a situation of violence” must be “overseen by people with expertise.”^[111]

Therefore, the Committee recommends:

Recommendation 7—Workplace Policies

That the Government of Canada, with the goal of preventing and addressing incidences of violence and harassment against Indigenous women, girls, and Two-Spirit individuals by individuals employed for resource development projects, respecting the jurisdictions of and in consultation with provinces, territories, municipalities, Indigenous peoples, and Indigenous communities, require companies conducting these projects to develop corporate social responsibility policies that include addressing and preventing violence and harassment.

Tracking and Reporting Violent Incidents

As previously noted, access to data about violence against Indigenous women and girls in the context of resource development projects is critical. The Committee heard that collaboration between industry, regulators and Indigenous communities is needed to “design appropriate grievance mechanisms and to ensure that reporting of incidents of sexual assault and harassment is transparent so that action can be taken to ensure appropriate support of victims, and to prevent further such incidents from occurring.”^[112] According to Firelight Research Inc.:

There are no tracking mechanisms to record the number of harassment and sexual assault and violence that occur in relation to industrial camps or resource extraction projects. Most companies manage workplace complaints internally, but do not report on them. Similarly, when complaints to get taken to the police or [the Royal Canadian Mounted Police], they are seldom linked back to the project itself. Community members also often experience the violence, but only report incidences to their own trusted sources. Since this data is not tracked, instances of harassment and sexual assault and violence are not accurately reported on or understood.^[113]

In a written brief, the Indigenous Caucus of the Indigenous Advisory and Monitoring Committee for the Trans Mountain Expansion Project and Existing Pipeline explained that “[t]racking the availability and use of services focused on preventing and addressing [gender-based violence] in regions with high levels of resource extraction” could help to trace gender-based violence “back to industrial activity.”^[114]

Witnesses recommended developing a standardized reporting mechanism for cases of violence against women in the context of resource development.^[115] In a written brief, Firelight Research Inc. recommended that funding be provided to Indigenous communities for them “to establish their own monitoring committees and interagency groups so that data reporting, tracking, and coding can be improved at all levels.”^[116] The Committee was told that it should not focus on gathering quantitative data only: “[N]on‑Indigenous society seems to prefer the quantification of stories over the reality of survivors. This is profoundly disempowering to the many survivors of violence. Furthermore, it leaves all these survivors stranded, as the government acts only in response to large numbers of incidents.”^[117] Firelight Research Inc. recommended that data collected include oral testimony.^[118]

Therefore, the Committee recommends:

Recommendation 8—Tracking Mechanisms

That the Government of Canada, with the goal of preventing and addressing incidences of violence and harassment against Indigenous women, girls, and Two-Spirit individuals by individuals employed for resource development projects, respecting the jurisdictions of and in consultation with provinces, territories, municipalities, Indigenous peoples, and Indigenous communities, require companies conducting these projects to establish tracking mechanisms for the reporting of incidences of harassment and violence.

Increasing Indigenous Women’s Representation in the Sector

The voices of Indigenous women, girls and Two-Spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex, asexual and people who identify as part of sexual and gender-diverse communities (2SLGBTQQIA+) are often absent from the discussion table and the decision-making process related to resource development projects even though they face a greater risk of victimization.^[119] The Committee heard that typically companies involved in resource development projects are predominantly led and managed by men, often, white men.^[120] Without a diversity of voices represented in decision-making, resource development projects will continue to exclude Indigenous knowledge and perspectives.

Including diverse Indigenous perspectives in decision-making regarding resource development projects is integral to creating safe environments and reducing the potential harms and violence that Indigenous peoples, communities and lands may face.^[121] Various witnesses underscored the need to increase the representation of Indigenous women and Two-Spirit perspectives in all aspects of decision-making and management of resource development projects.^[122] Hilda Anderson-Pyrz, Chair of the National Family and Survivors Circle, added that not only must Indigenous women and girls and 2SLGBTQQIA+ people be included in advisory circles and decision processes for resource development projects, but “safety and accountability mechanisms must be included in all legally binding agreements.”^[123] As well, the Committee heard that Indigenous communities’ women’s groups and organizations should be informed that consultations or discussions related to these resource development projects are happening, and these women’s groups should be responsible for “deciding amongst themselves who should sit at the table.”^[124]

Witnesses emphasized that once invited to participate, Indigenous women and Two-Spirit people must be meaningfully included in discussions and decision-making. For example, Hilda Anderson-Pyrz noted that:

As [I]ndigenous women, girls and [Two-Spirit] people, we've tried to sit at many tables, and we're often silenced or not respected and our rights are not respected. Sometimes it's almost as if we're brought to the table just to say that they met with us, but they're not valuing the contributions that we can bring to the table. I'm not going to say that all tables are like that, but I would say the majority of the tables that I've sat at have often just created a space for me, but not valued what I bring to it. I know that has been the experience of many of my sisters across the country.^[125]

The Committee was told that some federal initiatives have been implemented to address the gaps in participation for diverse Indigenous groups in the resource development sector and its processes.^[126] Despite these investments, some witnesses indicated that gaps remain in many approaches to increasing Indigenous women’s representation and fostering inclusion. For example, Debbra Greig, Clinical Social Worker and Mental Health Services Provider at the Yukon Aboriginal Women’s Council, explained that:

[T]hey are starting at the wrong place. They are offering all sorts of technical skills development, but they haven't addressed the emotional trauma that still permeates everywhere from colonization. If you're coming from a place of low power, you can have all the applications of credentials that you want, but you're still not whole from the inside out and that is what needs to be addressed.^[127]

Witnesses highlighted the need for funding for various initiatives to support and protect Indigenous women, girls and 2SLGBTQQIA+ people in the context of resource development projects. Similarly, the Mining Association of Canada called for funding that would support training and development for Indigenous women and 2SLGBTQQIA+ people, to ensure their full and equal opportunities to participate in the resource development sector.^[128]

Therefore, the Committee recommends:

Recommendation 9—Indigenous Women’s Representation

That the Government of Canada, respecting the jurisdictions of and in consultation with provinces, territories, municipalities, Indigenous peoples, and Indigenous communities, require companies conducting resource development projects to increase and ensure Indigenous women’s participation in all aspects of these projects, including by:

• ensuring that Indigenous women and Two-Spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex, asexual and other gender and sexually diverse people have equitable access to, and are included in, consultations and the decision-making process related to resource development projects in their region; and
• exploring options to increase Indigenous women’s representation in the workforce at all levels on resource development projects, including through accessible skills development training.

Recruiting and Educating Workers

Achieving cultural safety^[129] in the workplace was raised by several witnesses as an important part of addressing the harm that can come with resource development projects. The Committee heard that education that properly portrays Canada’s colonial history, the oppression and disempowerment of Indigenous peoples^[130] and the harmful effects of colonization must be integrated into training for all those involved in the resource development industry.^[131] This education should also be properly “sensitized”^[132] by making space for Indigenous spirituality and culture. Examples of training informed by and/or led by Indigenous peoples that were recommended by witnesses include:

• intercultural and cultural awareness, including Indigenous cultures;^[133]
• human rights, including those of Indigenous women and girls;^[134]
• anti-racism;^[135] and
• unconscious bias awareness and diversity, including on 2SLGBTQQIA+ people.^[136]

Similarly, Firelight Research Inc. recommended that mandatory cultural safety training be a component of “laws, policies and practice within companies, the [Royal Canadian Mounted Police] and governments at all levels.”^[137]

In addition, witnesses spoke about the importance of raising awareness about, and preventing, sexual exploitation and human trafficking.^[138] Notably, several witnesses indicated that training on violence against women and sexual exploitation should be implemented for workers^[139] and community members.^[140] As well, in a written brief, the Indigenous Caucus of the Indigenous Advisory and Monitoring Committee for the Trans Mountain Expansion Project and Existing Pipeline suggested that a national “counter exploitation program” be developed and delivered at industrial sites. The organization said this type of program should include equipping hotel employees to recognize the signs of human trafficking.^[141] Representatives from the Department of Public Safety and Emergency Preparedness shared an example of an initiative. They explained that, through the National Strategy to Combat Human Trafficking, the Government of Canada provides funding to organizations that support survivors and work prevent human trafficking.^[142] Part of this strategy focusses on training professionals to identify suspected cases of human trafficking and support victims:

In hospitality, we're focusing on people like front-desk workers or those who are cleaning hotel rooms. In the health centres, we're focusing on nurses, because we know that many people who are victims of human trafficking enter the health care system through [emergency rooms]. From a transportation perspective, we're focusing on the aviation sector. The last area we're targeting is foreign workers.^[143]

In addition, witnesses suggested developing wellness programs and training that bring men and boys into the conversation^[144] and that help them learn positive masculinity and healthy relationships.^[145]

While training is integral to creating environments of cultural safety, many witnesses expressed the need for accountability from resource developers regarding the individuals they hire^[146] and stricter eligibility requirements for these workers, particularly for those coming in to live in work camps. For example, witnesses explained that “in-depth” reference^[147] and background or criminal record checks including child abuse records^[148] or psychological assessments^[149] could help protect Indigenous women and girls against aggression and violence by workers coming into their communities.

Therefore, the Committee recommends:

Recommendation 10—Training for Workers

That the Government of Canada, with the goal of preventing and addressing incidences of violence and harassment against Indigenous women, girls, and Two-Spirit individuals by individuals employed for resource development projects, respecting the jurisdictions of and in consultation with provinces, territories, municipalities, Indigenous peoples, and Indigenous communities, require companies conducting these projects to implement mandatory training for all employees on gender-based and sexual violence, anti-racism, cultural safety, diversity and inclusion, as well as the effects of colonization on Indigenous peoples.

Improving Access to Wraparound Supports and Services for Indigenous Women, Girls, and Communities

Services in Indigenous communities located near resource development projects are often limited to begin with,^[150] but the influx of workers where resource development projects take place puts a strain on them.^[151] Witnesses told the Committee that a range of services should be available in Indigenous communities, including services for survivors of violence, housing, policing, and transportation, which is consistent with Call for Justice 13.5 of the National Inquiry. Witnesses also stressed the importance of improving Indigenous peoples’ economic security. Those elements are detailed in the sections below.

Offering Services for Survivors of Violence

The Committee heard that specialized services must be available and accessible to Indigenous survivors of violence to ensure their safety and healing. Martina Saunders explained that there is often no safe space for Indigenous women to report violence in their workplace, or that they do not trust their teams or managers: for this reason, she stressed the importance of having victim services available for Indigenous women outside of their workplaces.^[152] Furthermore, the Committee was told that having access to Indigenous-centred and culturally appropriate services is essential for Indigenous women and girls who were victims of violence to fully heal from their trauma and connect with their “culture, identity, and Indigenous ways of knowing and being.”^[153] In a written brief, the Union of British Columbia Indian Chiefs also indicated that mental health supports “must be widely available for men and boys to prevent future violence.”^[154]

Therefore, the Committee recommends:

Recommendation 11—Services for Survivors of Violence

That the Government of Canada provide funding to organizations offering culturally appropriate supports and services for Indigenous survivors of sexual and gender-based violence, to ensure that Indigenous women, girls and Two-Spirit individuals who experience violence in the context of resource development projects have access to adequate resources to heal.

Accessing Housing

The Committee was told that investing in housing options in Indigenous communities is important to ensure Indigenous women and girls’ safety. First, the Committee heard that housing options for Indigenous women and girls fleeing violence are insufficient to meet their needs.^[155] Witnesses identified increased and long-term funding^[156] for shelters and second-stage housing, including operational funding,^[157] as essential to help eliminate violence against women. The Honourable Marc Miller, Minister of Crown-Indigenous Relations, told the Committee that the Government of Canada has provided funding for the construction of women’s shelters both on- and off-reserve.^[158]

Second, witnesses explained that resource development projects increase housing needs in communities located near these projects. Companies need to house temporary workers: to do so, they take up spare housing in communities. This negatively affects the availability and accessibility of housing and often leaves community members with inadequate housing as their only option.^[159] Leslie Varley stated:

We render a lot of [I]ndigenous people homeless even at the start of any major industrial project because those folks come in, swoop in, and buy up all the housing and stuff because they know they're going to live there for a few years. That's the biggest issue, making sure that we're creating that safe housing for people.^[160]

Therefore, the Committee recommends:

Recommendation 12—Access to Housing

That the Government of Canada, respecting the jurisdictions of and in consultation with provinces, territories, municipalities, Indigenous peoples, and Indigenous communities, increase funding to ensure the right to deeply affordable, safe, and high-quality housing in Indigenous communities, including for shelters and second-stage housing.

Improving Policing Services

Indigenous women and girls living in communities located near resource development projects must have adequate protection and have access to a safe place to report violence they experience. To ensure that happens, the Committee was told that efforts need to be made to support the development of more respectful relationships that police forces have with Indigenous peoples. However, the Committee was told that police forces are “all involved in some way in criminalizing, brutalizing and assaulting [I]ndigenous women and girls, especially in land defence situations.”^[161] Consequently, Indigenous women and girls might choose not to report the violence they experience to police forces because of a lack of trust and confidence. Indigenous women and girls might fear police forces because they believe they will not be listened to, they had previous bad experiences with police forces, or because they may be criminalized themselves after reporting acts of violence.^[162]

Police forces also need to be equipped to respond adequately to reports of gender-based violence. In a written brief, the Indigenous Caucus of the Indigenous Advisory and Monitoring Committee for the Trans Mountain Expansion Project and Existing Pipeline explained how police forces and communities can prepare prior to resource development projects starting:

Establishing a relationship early on, prior to actual incidences occurring, and instituting effective communication of existing policies as well as changes being enacted by policing agencies, can contribute to communities being better prepared and appropriately protected in relation to major projects. This would include an appropriate increasing of policing resources aligned with increases in the non-local population related to an influx of temporary workers.^[163]

In addition, the Committee was told that police services need to have culturally grounded programming; officers should be “thoroughly trained in traditional intervention approaches, harm-reduction strategies, and trauma-informed care.”^[164] A representative from the Department of Public Safety and Emergency Preparedness told the Committee that, in Budget 2021, the Government of Canada announced it would provide “$861 million over five years, beginning in 2021–22, and $145 million ongoing to support culturally responsive policing and community safety services in [I]ndigenous communities.”^[165] This amount includes funding for the co-development of First Nations police services legislation, an ongoing project which aims to “establish [F]irst [N]ations police forces and [F]irst [N]ations policing as an essential service.”^[166]

The Committee was also told that the Government of Canada provides funding for the First Nations and Inuit Policing Program,^[167] whereby policing services in First Nations and Inuit communities are supported through policing agreements between the federal government, provincial and territorial governments and First Nations and Inuit communities.^[168] Pamela Palmater, Chair in Indigenous Governance at Ryerson University, who appeared as an individual, explained that some of the concerns around this program is the lack of jurisdiction for police forces to deal with non-Indigenous perpetrators of violence: “Generally, jurisdiction tends to be limited to the reserve boundaries, or, at best, band members, but statistically, the vast number of people who engage in acts of human trafficking, exploitation, murders and disappearances of [I]ndigenous women are non-[N]ative people.”^[169]

Therefore, the Committee recommends:

Recommendation 13—Policing Services

That the Government of Canada require the Royal Canadian Mounted Police to review its programming for Indigenous peoples and Indigenous communities located near resource development projects to ensure that it is culturally relevant for residents and to provide training to its members on gender-based violence, trauma-informed and harm reduction intervention strategies, and that jurisdictional issues are addressed to deal with non-Indigenous perpetrators of violence.

Observation 1—Policing Services

The Committee recognizes that, in many regions of Canada, policing services are not delivered by the Royal Canadian Mounted Police, but by provincial, territorial, municipal, or Indigenous authorities. All policing programming in Canada should be culturally relevant for Indigenous peoples, and all police forces should work towards developing more respectful relationships with Indigenous peoples. Indigenous peoples’ historical and ongoing mistrust of police forces was highlighted by both the National Inquiry into Missing and Murdered Indigenous Women and Girls and the Public Inquiry Commission on relations between Indigenous Peoples and certain public services in Québec: listening, reconciliation and progress. Therefore, the Committee urges provincial, territorial, municipal, and Indigenous police forces to implement this report’s Recommendation 13.

Expanding Transportation Options

Witnesses stressed the importance of improving access to transportation options for Indigenous women and girls living in remote and rural communities to help them escape violence.^[170] Many Indigenous women and girls are forced to hitchhike to access services or visit family because of a lack of transportation options or because they don’t qualify for the transportation services offered in their communities.^[171] This situation puts them at increased risk of experiencing violence. For instance, some drivers might demand sexual services in exchange for a ride^[172] and women might have limited ability to contact help either because they do not have a cellphone or because of a lack of cellular service where they are.^[173] Witnesses recommended investing in transportation routes, including supporting local and Indigenous companies and initiatives.^[174]

Therefore, the Committee recommends:

Recommendation 14—Transportation

That the Government of Canada, respecting the jurisdictions of and in consultation with provinces, territories, municipalities, Indigenous peoples, and Indigenous communities, develop solutions to increase transportation options in rural and remote communities.

Fostering Economic Security

The Committee was told that improving Indigenous women and girls’ economic security could help them escape situations of violence. Indigenous communities, and particularly women and girls are currently not benefiting fully from resource development.^[175] Therefore, the economic marginalization^[176] of Indigenous women and girls may be exacerbated and they can experience increased risks of violence, such as human trafficking. Kathleen Quinn, Executive Director of the Centre to End All Sexual Exploitation, referred to a pilot project granting a monetary allowance for six months to five women who were providing sexual services to make money and indicated that “a guaranteed annual livable income would mean they would not have to sell their bodies.”^[177] Witnesses also stressed the importance of access to education and training to improve Indigenous women and girls’ economic security.^[178]

Funding Indigenous Community Organizations

To provide for the services and supports listed in the previous sections, the Committee was told that Indigenous community organizations must receive adequate funding.^[179] The Honourable Marci Ien, Minister for Women and Gender Equality and Youth, indicated that the Government of Canada invested over $600 million in 2021 to advance the priorities of the National Action Plan to End Gender-Based Violence and $539 million in Budget 2022 to finalize this action plan and prepare its implementation.^[180] She told the Committee that 31% of all Department for Women and Gender Equality funding since 2015 has been for Indigenous women and 2SLGBTQQIA+ organizations to provide gender-based violence prevention programming.^[181] However, witnesses explained that Indigenous organizations are still underfunded, both in terms of meeting the needs of the populations they serve and when compared to non-Indigenous organizations.^[182] As well, the Committee was told that there are “bureaucratic delays in accessing” federal government funding.^[183]

Another point raised by witnesses was the importance of providing long-term funding to Indigenous communities and women’s organizations,^[184] instead of project-based funding. The Committee was told that project-based funding is temporary, whereas the “problems are perpetual.”^[185] The Honourable Michèle Audette stated:

Indigenous women are disappearing or dying every week in Canada. However, we realize that the rules and ways of drafting projects remain as rigid as before. How do you tell women who are saving lives on the ground that they have to meet the criteria set by a particular federal government program?^[186]

Diane Redsky also highlighted the fact that more resources are needed to run programs in rural or northern areas when compared to urban areas. She told the Committee that an “equality-lens” needs to be applied on funding decisions to ensure organizations located in remote areas receive the backing needed to effectively run programming.^[187]

Witnesses told the Committee that providing adequate funding to Indigenous-led organizations and programming was key to address violence against Indigenous women and girls.^[188] The Honourable Michèle Audette also indicated that the Government of Canada should work to ensure smaller community-level organizations are able to secure funding: often, funding is funnelled through bigger or national-level organizations and does not reach organizations that provide services on the ground.^[189] Additionally, the Committee was told that organizations should receive funding to support self-determination and the implementation of Indigenous laws.^[190]

Therefore, the Committee recommends:

Recommendation 15—Funding Community Organizations

That the Government of Canada, through relevant federal departments and respecting the jurisdictions of and in consultation with provinces, territories, municipalities, Indigenous peoples, and Indigenous communities, provide sufficient and sustained multi-year capacity funding for Indigenous community organizations that offer programming for Indigenous women, girls, and Two-Spirit individuals, and ensure that funding provided to organizations serving women living in rural areas is adapted to meet the needs in those regions.

Conclusion

The Committee heard that resource development projects can often put Indigenous women, girls, and Two-Spirit individuals at risk of experiencing gender-based violence. This report highlights some of the ways Indigenous women, girls, and Two-Spirit individuals can be protected against these unintended human rights violations.

Resource development in Canada must be done respecting the rights of Indigenous peoples. Projects must not go forward without the free, prior, and informed consent of affected Indigenous peoples and communities. In addition to providing their free, prior, and informed consent, Indigenous peoples and communities must be meaningfully consulted at all stages of a project development.

Further, resource development companies must be held accountable for their projects’ impacts on Indigenous lands, waters, and communities. This can be done by requiring companies to establish workplace safety plans and policies, track and report incidents of gender-based violence, educate workers about gender-based and sexual violence, cultural safety, and the effects of colonization on Indigenous peoples, as well as increase and ensure Indigenous women’s participation in all aspects of resource development projects.

The Committee put forward 15 recommendations and one observation to improve Indigenous women, girls and Two-Spirit individuals’ safety and security in the context of resource development. The Committee calls on the Government of Canada to implement them rapidly.