Before developers can begin to plan development on Haudenosaunee land, it is crucial that they follow the appropriate steps to ensure a treaty-based mutually beneficial land-use agreement. The key way to execute this balance is through obtaining free prior and informed consent through engagement. 

The principle of obtaining free, prior, and informed consent has been inconsistently and often contentiously practiced since the onset of colonization. It was not until Royal Assent for UNDRIP Act in 2021 that the principle of consent contained in many of the treaties was formally enshrined in Canadian legislation.

This legislation now obligates proponents to secure the free, prior, and informed consent of Indigenous Nations before proceeding with development projects.

It is important to remember that engagement is not always a one-size-fits-all approach nor can it be limited to a strict linear timeline as each project requires a unique threshold of engagement.

For the Haudenosaunee, engagement is a process that involves research, understanding, and care. It is crucial to ensure proponents follow Canadian, Ontario, and Haudenosaunee laws while maintaining and respecting the need to obtain consent before a shovel hits the ground. 

In short, proper engagement involves active communication and collaboration with the Haudenosaunee through its engagement arm HDI.  This requires listening to concerns, remaining transparent, and working together while respecting inherent and constitutionally protected rights.

Below are three stages of engagement that ensure proponents can execute plans ethically and legally on Haudenosaunee land. 

1. 1. PRE-ENGAGEMENT STRATEGY

Understanding the history of Haudenosaunee-Crown relations in Canada and Ontario is crucial to recognizing why trust is not easily given when it comes to land development. Expanding your knowledge on the history of land development and the Haudenosaunee Confederacy is a vital step towards fostering respectful and effective engagement.

Research is the first and foremost important step before engagement. Proponents must conduct preliminary research on process and procedural requirements as part of the initial planning process. 

This is not only important for future planning but it is also a necessary step to ensure that legal requirements are adhered to. 

While independent research is a valuable starting point, HDI is a developer’s most reliable and comprehensive resource for accurate guidance and support. Connect with us on our contact page for further assistance. 

During a proponent’s initial research, it is also crucial to develop an understanding of the history and geography of HCCC’s jurisdiction, and past land disputes within those areas. This knowledge is key to navigating future relationships and identifying past challenges or missteps that may inform a more respectful and effective approach moving forward. 

Gathering information from appropriate and reputable Haudenosaunee resources is also key. While speaking with HDI is the best way to ensure the most accurate and relevant information about your project, the ICTINC offers free ebooks for Indigenous issues and lays out important resources for Indigenous consultation practices.  If you have questions about the resources you are referencing during your research, the HDI is always available. 

Development in areas within the inherent jurisdictions of the Haudenosaunee Confederacy cannot proceed without HDI’s consent. The Haudenosaunee Confederacy Chiefs Council’s (HCCC) eight points of jurisdiction is an essential resource for understanding the capacity of the Haudenosaunee in land development. 

Understanding the land you’re developing on is essential to respect its history, protect its natural and cultural resources, and ensure that your project aligns with the values and laws of the Haudenosaunee people. 

2. 2. ENGAGEMENT STRATEGY

Once proponents feel they have developed an understanding of Haudenosaunee jurisdiction, history, and culture, an engagement application must be filled out to commence the engagement process. 

Those who are planning to undertake development within the HCCC jurisdiction must provide HDI with a completed application. This application ensures that the project’s goals are treaty-based and meet the requirements of land-use agreements. The application form can be found on the HDI webpage. 

Once an application is complete it must be submitted to HDI for approval. From there the application would be reviewed and if it aligns with Haudenosaunee laws and values will receive approval from the HCCC.

While the application is in the review process it is not recommended that construction takes place. Engagement is a process that must be completed before development begins. Once your application receives its final decision then development may be able to proceed with the considerations of the HCCC. 

If consent is not granted and construction proceeds unlawfully, the HCCC has several mechanisms to ensure adherence to Haudenosaunee laws. One option is for the HCCC to issue a cease-and-desist order, halting the project until proper consent is obtained. Alternatively, treaty rights could be asserted directly on the site to prevent further construction.

It is key to remember that the Haudenosaunee Confederacy historically entered into treaties with the British Crown on behalf of the Haudenosaunee people.  These treaties, which predate Canadian Confederation, do not represent surrenders of any kind. They remain central to upholding Haudenosaunee rights within their jurisdiction and by reaching out to the HDI primarily, it ensures developers are maintaining proper adherence. No elected band council, including the Six Nations Elected Band Council, has ever entered into treaty relationships with the Crown. As a result, they do not possess the authority to provide consent on behalf of the Haudenosaunee people.

To maintain good relations with HDI, designating someone within your company to act as a consistent point of contact is also crucial. This role fosters ongoing dialogue, facilitates timely communication, and ensures that issues are promptly addressed and resolved. HDI’s role is to continue to maintain these conversations while monitoring for compliance if conditions are not met. 

3. 3. POST ENGAGEMENT STRATEGY 

To maintain project viability, ensuring a positive relationship with the Haudenosaunee Confederacy is key. Remember this is more than a collaboration, this is the law and the violation of Haudenosaunee, Canadian and Ontario law can result in project delays.  

Continuous compliance is critical.  It is the HDI’s duty to establish and enforce Haudenosaunee environmental standards to protect land and resources. Continuing to hold up your end of the bargain is important to maintain trust and respect Haudenosaunee jurisdiction.  See HDI’s policies as an example of the standards we hold. 

Continuing to honor the land ensures that any project established on Haudenosaunee territory is properly recognized and acknowledged as such.

Beyond just construction, plan for how the project will contribute to the well-being of the Haudenosaunee in the long term—whether through revenue sharing, infrastructure, or other benefits. Showing a lasting commitment goes a long way in solidifying trust. Maintaining engagement is not a box to be checked off but an ongoing practice.