Canadian Journal of Forest Research

Strategic approaches to Indigenous engagement in natural resource management: Use of collaboration and conflict to expand negotiating space by three Indigenous nations in , Canada

Journal: Canadian Journal of Forest Research

Manuscript ID cjfr-2018-0253.R2

Manuscript Type: Article

Date Submitted by the 09-Dec-2018 Author:

Complete List of Authors: Wyatt, Stephen; University of Moncton, Hebert, Martin;Draft Université Laval, Departement d'anthropologie Fortier, Jean-François; Université Laval Blanchet, Edouard-Julien; Université Laval Lewis, Nathalie; Université du Québec à Rimouski, Département Sociétés, territoires et développement

Indigenous people, Governance, Forest policy, Collaboration, Economic Keyword: development

Is the invited manuscript for consideration in a Special Indigenous Forest Governance Issue? :

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1 1 Strategic approaches to Indigenous engagement in natural resource management: Use

2 of collaboration and conflict to expand negotiating space by three Indigenous nations in

3 Quebec, Canada

4

5

6 Stephen Wyatt *

7 École de foresterie

8 Université de Moncton, campus d’Edmundston

9 [email protected]

10

11 Martin Hébert, 12 Département d’anthropologie Draft 13 Université Laval

14 [email protected]

15

16 Jean-François Fortier

17 Département de sociologie

18 Université Laval

19 [email protected]

20

21 Édouard-Julien Blanchet

22 Département d’anthropologie

23 Université Laval

24 [email protected]

25

26 Nathalie Lewis

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2 27 Département Sociétés, territoires et développement

28 Université du Québec à Rimousk

29 [email protected]

30

31 * Corresponding author: 165 boulevard Hébert, Edmundston, New Brunswick, E3V 2S8;

32 phone: 506-737-5243; email: [email protected]

33

Draft

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3 34 Abstract

35 Indigenous peoples’ roles in Canadian forestry have expanded enormously during recent

36 decades, encouraged by a variety of policies and programs from governments, industry and

37 indigenous organisations. Many Indigenous communities have chosen to engage with non-

38 indigenous actors in multiple ways, both collaborative and conflictual, and this study

39 investigates the extent to which these represent strategic choices. Through a study with the

40 Nehirowisiwok, Huron-Wendat and Mi’gmaq nations in Quebec, Canada, we

41 examined processes used to present and promote their visions and objectives for their

42 traditional forestlands, over more than thirty years. This analysis highlights the number and

43 diversity of processes in which Indigenous peoples engage. Examining the series of processes

44 and the roles of indigenous participantsDraft in them, allowed us to characterize the strategies

45 adopted by each nation. This analysis helps understand factors such as the roles of

46 transformative and incremental change, the interactions between processes, and the

47 importance of governing organisations. We conclude that, rather than being stakeholders in

48 State-sponsored initiatives, these Indigenous nations are constantly and actively using such

49 processes as an institutional and procedural space where they are able to negotiate, promote,

50 implement, and articulate multiple strategies that contribute to enhancing their role in forest

51 and resource management.

52

53 Keywords

54

55 Indigenous people; Governance; Forest policy; Collaboration; Economic development

56

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4 57 1 Introduction

58 Over the last forty years, Indigenous peoples across Canada have made significant progress in

59 asserting their sovereignty and self-determination over traditional lands and resources. In

60 particular, access to forestlands has given rise to a number of conflicts and landmark

61 jurisprudence, as well as to an expanding variety of institutions and mechanisms that seek to

62 take account of the varied interests of governments, industry, Indigenous groups and non-

63 indigenous civil society (Curran and M'Gonigle 1999; McGregor 2011; Nadasdy 2017; Nikolakis

64 and Nelson 2015; Takeda 2015; Wyatt et al. 2013). Asserting their rights in this way has led the

65 vast majority of Indigenous communities to engage with the forestry sector in one form or 66 another (Fortier et al. 2013). As control Draftof forestlands and resources typically remains with 67 government agencies or private companies (Brubacher 2007), Indigenous communities usually

68 need to negotiate these engagement options with governments and forestry companies,

69 adapting to and contesting the policies and legislation of the former and the interests and

70 priorities of the latter. This has led to what Wyatt et al. (2013, 29) describe as an “almost

71 bewildering variety of arrangements between Indigenous peoples, companies and governments

72 in Canada’s forest sector”, raising the question of whether Indigenous nations are simply

73 adopting various options proposed by others, or are they acting in a more strategic way to

74 achieve certain objectives.

75 Maclean et al. (2015), looking at cases in Canada (Innu in Labrador) and Australia (Girringun in

76 the Northern Territory), considered that these groups made strategic choices about the use of

77 both consensus building and constructive conflict in order to bring about institutional changes

78 that would enable them to take a greater role in resource management. They noted that

79 consensus-building was useful for iterative and incremental change, while constructive conflict

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5 80 was more effective in provoking transformative change (Maclean et al. 2015, 208). The study by

81 Fortier et al. (2013) of Indigenous engagement in forestry in 474 communities across Canada,

82 found that 220 of these communities were engaged simultaneously in three or more different

83 processes. These authors considered that interactions between such processes were likely, and

84 suggested that Indigenous nations (along with governments and forestry companies) would

85 need to make choices about which forms of engagement could best advance their own

86 objectives. In describing choices about forestry, Salée and Lévesque (2010) refer to

87 “agency”, but recognising that this concept can be used too broadly, we have opted to frame

88 these choices more narrowly as strategies. As Roberts (2017) points out, agency does not

89 necessarily imply a will or a capacity to shape the institutional framework in which one is

90 embedded. It may as much imply willingDraft and uncritical adhesion to given order as efforts to

91 influence it (Einspahr 2010). Thus, here we focus on specific expressions of agency oriented

92 toward furthering self-determination and characterized by explicit and self-reflexive strategic

93 thinking regarding the paths toward achieving that goal. This raises the question of possible

94 strategic articulations between forms of engagement and, more specifically, whether the

95 observations of (Maclean et al. 2015, 208) are common to other Indigenous communities. As

96 the forms of engagement become more varied and extend over a long period, these strategic

97 issues are expected to gain in importance.

98 This study considers the experiences of three Indigenous nations in Quebec, Canada, to

99 examine how different forms of engagement, both collaborative and conflictual, could

100 contribute to a strategic approach within a broader context of achieving Indigenous objectives

101 (whatever these may be).We begin by reviewing some of the different approaches to studying

102 Indigenous engagement, with a view to establishing a framework that will enable us to consider

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6 103 strategies as they play out between engagement processes, rather than within them. We then

104 present the experiences of three Indigenous nations in Quebec who have all engaged in a

105 variety of processes over a period of thirty years. Finally, we consider how these engagement

106 processes could be understood as part of a broader negotiating strategy for each nation aimed

107 at greater roles in forestland management.

108 2 Indigenous engagement and collaboration in Canadian forestry

109 There has, of course, been extensive research on different forms of Indigenous engagement in

110 Canada’s forest sector, and it is useful to briefly review key themes and schools of scholarship.

111 Anthropological studies have the longest tradition, providing insights into relationships

112 between Indigenous peoples and their lands,Draft and also with contemporary actors (eg. Feit 1973;

113 Poirier 2001). More recently, scholars of Indigenous-settler relations have recast many of these

114 themes, stressing the place of Indigenous knowledge in decision-making, of Indigenous

115 governance, and of rights and responsibilities (Corntassel 2012; Mcgregor 2014; Nadasdy 2003).

116 The efforts of Indigenous nations to establish a role in forest management, long dominated by

117 governments and private companies, has been the subject of numerous case studies in

118 collaborative management, particularly by researchers in geography, sociology and resource

119 management. Although a variety of models exist, including complex co-management

120 arrangements, there are few cases where Indigenous peoples hold primary responsibility for

121 decision-making (Curran and M'Gonigle 1999; Mabee and Hoberg 2006; Smith 2013; Wyatt et

122 al. 2013). Consultation processes are now common across Canada, and are often required by

123 legislation, but extensive research has shown the disadvantages faced by Indigenous people in

124 effectively participating in these. McGregor (2011) reviewed progress in Aboriginal – non-

125 Aboriginal relations since the 1996 Royal Commission on Aboriginal Peoples, concluding that

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7 126 while there had been some improvements, notably with industry partners, governments had

127 not demonstrated the leadership needed to fundamentally restructure the relationship.

128 Focusing on Indigenous participation in government mandated multi-party consultative

129 committees, Fortier and Wyatt (2014) found that these required extensive human and financial

130 resources, that Indigenous representatives were significantly outnumbered by other interest

131 groups, and that they had only limited influence on decisions. . Indigenous engagement in

132 forestry businesses provides opportunities for revenue sharing and employment, for developing

133 capacity and responsibilities, and as a contribution to autonomy (Beaudoin et al. 2015; Hickey

134 and Nelson 2005; Trosper et al. 2008). However, such mechanisms are also criticised for being

135 poorly adapted to Indigenous needs and an insufficient recognition of rights (Brubacher 2007;

136 Nikolakis and Nelson 2015; Ross and SmithDraft 2002).

137 This expansion in Indigenous engagement in resource management, and associated research,

138 reflects an evolving context of rights, policies and law for Indigenous peoples in Canada

139 (McGregor 2011; Newman 2014). Indigenous rights, derived from ancestral occupation and

140 from colonial treaties, have seen a resurgence since the 1980s as a result of activism and

141 Section 35 of the Constitution Act of 1982. A series of landmark decisions by the Supreme Court

142 of Canada has clarified the extent and significance of these rights, and developed concepts such

143 as the “Duty to consult and accommodate”, establishing guidelines for both governments and

144 the private sector in negotiating access to resources on Indigenous lands. In recognition of this,

145 federal and provincial governments have adopted policies and programs to promote

146 consultation and encourage Indigenous engagement in resource exploitation and management.

147 International initiatives such as forest certification (Teitelbaum and Wyatt 2013) and “Free,

148 prior and informed consent” (UNDRIP 2007) are also providing additional mechanisms for

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8 149 Indigenous engagement. This evolving environment of rights, policies and law creates new

150 opportunities and new spaces for Indigenous peoples to both challenge and cooperate with

151 state authority, and also suggests that Indigenous leaders will need to make choices between

152 various options available to them.

153 Although there is an extensive literature of case studies of Indigenous communities engaged in

154 a single process, or of comparisons of the same process across several communities, much less

155 attention has been paid to the possible interactions between multiple processes. Among the

156 few studies that touch upon this subject, Hickey and Wilkinson-Chapman (2001) showed that a

157 community that had developed a trust relationship with a local company was prepared to 158 undertake other engagements that requiredDraft greater commitment. Conversely, Peckett (2003) 159 noted that consultation activities that had little real impact lead to declining interest in

160 participating in future activities. It is not unreasonable to expect that the success or failure of

161 one collaborative process could have an effect upon other processes, whether these occur

162 simultaneously or at a later date (Fortier 2017).

163 Many studies of these different forms of engagement (but by no means all) are increasingly

164 framed around themes such as collaboration and collaborative governance (including papers in

165 this special issue). Extensive research on collaboration, both in Canada and internationally (eg.

166 Agrawal 2007; Beierle and Cayford 2002; Ostrom 1990; Padgee et al. 2006), has provided a

167 range of different meanings, with Thomson et al. (2007, 25) defining it as ‘a process in which

168 autonomous or semiautonomous actors interact through formal and informal negotiation,

169 jointly creating rules and structures governing their relationships and ways to act or decide on

170 the issues that brought them together’. Using similar terms, Kooiman (2003, 4) defines

171 governance as “the totality of interactions, in which public as well as private actors participate,

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9 172 aimed at solving societal problems or creating societal opportunities”. However, Ansell and

173 Gash (2008) criticise such a wide-ranging definition, instead offering a definition of

174 collaborative governance that emphasises an initial role for public agencies (interpreted as the

175 state), formal arrangements (excluding informal), and consensus-based decision-making.

176 Despite these differences in definitions, collaborative governance is seen as a way of creating

177 new models of governance that offer greater openness and enhanced capacity to address

178 complexities associated with both problems and actors, reducing conflict, enhancing mutual

179 understanding and helping find new solutions (Lemos and Agrawal 2006; Theys 2003). Much of

180 this literature stresses the importance of processes and negotiations in collaboration,

181 presenting it as dynamic and evolutionary relationship, rather than as a stable equilibrium. The

182 collaborative governance model proposedDraft by Ansell and Gash (2008) is cyclic, with a loop

183 comprising dialogue, trust-building, commitment to process, shared understanding and

184 intermediate outcomes (or small wins). Repeated iterations of this loop contribute to desired

185 outcomes, but are also dependent upon the starting conditions, institutional design and

186 leadership. As such, collaborative governance is not just a decision or rule making process or a

187 means of obtaining economic or other benefits, but also offers a space for making claims, for

188 expressing differences and for negotiating the terms of the governance model itself (Armitage

189 et al. 2007; Natcher et al. 2005; Rodon 2003).

190 But there are weaknesses in framing indigenous engagement in natural resources in terms of

191 collaboration. Collaboration has a positive connation (which probably contributes to the

192 popularity of the term), and underplays the role of conflict and confrontation – although

193 constructive conflicts appear to be compatible with the broad definitions offered by Kooiman

194 (2003) and Thomson et al. (2007). The collaboration literature also appears to be dominated by

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10 195 studies that view Indigenous people as stakeholders who needed to be empowered, rather

196 than framing Indigenous engagement in terms of self-determination or nationhood (von der

197 Porten and de Loë 2014, 12-13). In a study of Cree politics and engagement with the state

198 (Canada and Quebec) over land and rights, Salée and Lévesque (2010) criticise this framing,

199 instead stressing the importance of the strategic choices that the Cree have made in positioning

200 themselves in relation to the state. In the Yukon, Nadasdy (2017, 365-366) concludes that the

201 process of establishing settlement lands under Indigenous governments was both an assertion

202 of Indigenous sovereignty and an acceptance of Euro-Canadian forms of governance and the

203 place of self-governance within the Canadian state. In the light of these insights, the

204 collaborative arrangements presented above may not simply be ways of “solving societal

205 problems” or deciding “issues that broughtDraft them together” as Kooiman (2003) and Thomson et

206 al. (2007) suggest. Maclean et al. (2015, 208) concluded that plans negotiated through a

207 process were not endpoints, but “rather, they constitute a new platform from which Aboriginal

208 groups will continue to develop strategies as they work toward natural resource rights

209 recognition.” They may also be part of greater strategy for self-determination in which solving a

210 problematic issue could be a useful step in the process, or maybe just an interim objective of

211 minor importance.

212 In framing this study, we draw upon both approaches. The collaboration literature provides a

213 wealth of studies, tools and concepts for interpreting the ways in which Indigenous peoples

214 engage with the state over management of forests and other resources. However, it is

215 important to recognise that Indigenous peoples may also be using these tools and concepts in

216 order to pursue broader goals– effectively making use of state-provided mechanisms to further

217 strategies of self-determination. Hence our objective in this study is to consider whether

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11 218 Indigenous nations are behaving passively in adopting (or not) options proposed by

219 governments and industry, or if they are exhibiting a strategic approach, and the form of

220 agency it implies, by using different engagement processes over a period of decades to enhance

221 their role in forest and resource management. We include engagement options that are both

222 collaborative and conflictual, looking for both incremental and transformative change, as

223 suggested by (Maclean et al. 2015, 208). We also consider that the Ansell and Gash (2008)

224 model of collaboration is useful in distinguishing elements that may be considered as internal

225 (process, trust, understanding and leadership) and others that help frame possible linkages

226 between different engagement options, notably starting conditions, dialogue and outcomes.

227 While Ansell and Gash built their model after reviewing 137 collaborative case studies, we

228 consider that this also helps understandDraft the role for constructive conflict. Starting conditions or

229 failed dialogue could start a feedback loop of declining trust and mutual incomprehension that

230 exacerbated conflict, or interventions in design or leadership could create a new shared

231 understanding and a small win, thereby launching a new, more collaborative cycle.

232 Our study is firmly situated a strategic level, considering a large number of processes over a

233 long time frame. We acknowledge the importance of understanding the mechanisms within

234 each process (both collaborative and conflictual), but we consider that other research (cited

235 above) has already addressed these questions, and so we focus on the possible interactions

236 between these processes. Given the diversity of engagement options (Fortier et al. 2013; Wyatt

237 et al. 2013), we specifically seek to distinguish between different mechanisms, rather than

238 remaining with the broader view of “consensus” used by Maclean et al. (2015, 208). This also

239 allows us to better characterise different types of outcomes, relating these to starting

240 conditions and to possible choices between different engagement options.

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12 241

242 3 Methods

243 Our objective in this study is to consider the extent to which engagement processes used by

244 Indigenous nations in relation to land and resources management represent a strategic

245 approach to enhancing their role. Accordingly, this study has four key methodological elements.

246 Firstly, it is a multiple case study, examining three Indigenous nations that have been actively

247 seeking a greater role in the management of forest resources on their traditional lands – lands

248 on which each nation asserts traditional rights. Secondly, our basic analytical unit is the

249 individual engagement process. Such an engagement process could take a variety of forms,

250 including formal agreements with a government,Draft contracts with a private company,

251 employment agreements with such a company, participation in consultations organised by non-

252 indigenous groups or structured opposition to non-Indigenous occupation or management of

253 the land. We sought to identify all processes used by each nation, looking to see whether or not

254 different processes were influencing others, rather than undertaking detailed analysis of any

255 single process. Thirdly, we consider a time period exceeding thirty years, depending on each

256 nation’s specific history of engagement with the forest sector. This allows us to consider how

257 the role of each nation may have changed, and to recognise that the political and legal context

258 for Indigenous forestry in Canada is in constant evolution. Finally, we rely upon qualitative

259 analysis of newspaper articles, reports and other secondary sources, supplemented by previous

260 published research, including ethnographies of specific processes.

261 We chose three Nations within a single province, Quebec, in order to provide some

262 homogeneity among actors and in the policy and regulatory context. Nevertheless, every First

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13 263 Nation has its own distinct characteristics, whether in relation to their traditional lifestyle, their

264 experience of colonisation, or the opportunities and threats associated with their engagement

265 with other actors on their traditional lands. We used previous research (Fortier et al. 2013;

266 Wyatt et al. 2010) to identify Nations that were actively asserting land rights and which were

267 already engaged in a variety of different processes. Three Nations agreed to participate in this

268 research: the Atikamekw Nehirowisiwok, located in the valley of the St-Maurice river, between

269 Quebec City and Montreal; the Huron-Wendat, in the greater region of Quebec City; and the

270 Mi’gmaq, who occupy the Gaspé peninsula and the coast of the Gulf of St-Lawrence. Previous

271 research has been conducted with the Atikamekw Nehirowisiwok and the Huron-Wendat (eg.

272 Blanchet 2015; Cyr 2016; Fortier 2017; Houde 2011; Poirier 2001; Théberge 2012; Wyatt 2004)

273 but less so for the Mi’gmaq of the GaspéDraft peninsula (Metallic 2010).

274 All three Nations have a long history of relations, both conflictual and collaborative, with French

275 and English settlers, and subsequently with Quebec and Canadian governments. However, our

276 timeline for each Nation commences in the late twentieth century, when Section 35 of the

277 Constitution Act of 1982 opened new possibilities for Indigenous groups across Canada in

278 asserting their identity and their rights. For each Nation, we were able to identify a key event

279 that launched the post-1982 era of their actions relating to the use of forestlands. Using

280 documents provided by each Nation and from governments, supplemented by local

281 newspapers, we then sought to identify the main processes in which the Nation engaged

282 significantly in relation to forestlands between that event and 2015 – a period of at least thirty

283 years. Each Nation allowed us to examine reports and documents which described such

284 processes. We also examined previously published research (cited above, and referred to

285 specifically in the following analysis) for secondary data including interviews, detailed

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14 286 descriptions of processes and explanations. Local newspapers were also searched (in paper,

287 microfilm and electronic formats) to identify articles relating to claims, conflicts, negotiations or

288 other consultation processes involving the Nation and its access to or use of forestlands.

289 Through this approach we identified a significant number of processes for each Nation (Table

290 1), and constructed a chronological sequence of the different ways in which each nation had

291 engaged with non-indigenous actors (governments, private sector and sometimes civil society)

292 in relation to management of their land and resources. Undertaking a detailed analysis of each

293 and every process is beyond the scope or resources of this study, although we did draw upon

294 existing studies of certain processes for each case study. Our listings of processes (Table 1, 295 Figures 1 to 3 and supplementary data)Draft do not include every event in each Nation during the 296 period, but include all those that appeared significant – processes that were identified as such

297 by our informants, that were referenced extensively in reports (either government or

298 Indigenous), or that generated repeated mentions in public media. In our description of

299 processes for this study, we focused on information about starting conditions, dialogue and

300 outcomes – three of the variables in the Ansell and Gash (2008) model that contribute to

301 linkages between different engagement options. In particular we looked for evidence that the

302 outcomes of one process were shaping starting conditions for another, and what dialogues

303 were being produced between processes when two or more were running concurrently.

304 Recognising our limited resources, we did not seek to examine exactly how each actor was

305 engaged in each and every process, what their perceptions were of each process, or how any of

306 the factors could have changed over time. Instead we sought to identify synergies and

307 strategies revealed by the number and variety of processes used over a lengthy time scale.

308

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15 309 4 Results

310 The range and variety of individual processes in which each nation has engaged over the years is

311 quite surprising. We identified a total of 28 different processes for the Huron-Wendat, 29 for the

312 Atikamekw Nehirowisiwok and 24 for the Listuguj Mi’gmaq (Table 1). The majority were clearly

313 delimited, whether in terms of actors, duration, actions or outputs, although a small minority

314 were less clear – either merging into another process or slowly fading away (to be explored

315 further in the Discussion). Here we provide a chronological description of the variety of

316 engagement processes for each nation. If we were able to determine a linkage between two or

317 more processes, we briefly explain this, but more comprehensive exploration of strategies and 318 linkages will be provided in the Discussion.Draft We also provide a graphical representation of the 319 processes for each nation, arranged along a time line. This helps to illustrate how different

320 processes were running at the same time, and how some processes have followed others.

321 Additional details on each process, including sources, are provided in supplementary data.

322 < Insert Table 1 near here>

323 Maclean et al. (2015, 208) distinguished between consensus and conflict, but we considered that

324 different forms of consensus were present and so we differentiate between five broad groups of

325 processes, making the timeline easier to understand and highlighting different approaches to

326 collaboration adopted by each nation. These are inductive groups based on our interpretation of

327 these three case studies, drawing partly upon categories proposed by Wyatt et al. (2013).

328 Conflicts were the most common group of processes, with 23 occurrences, including “high-

329 profile” actions such as blockades and court cases as well as opposition to particular proposals

330 or actions. Indigenous nations initiated some of these conflicts, often to draw attention to

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16 331 problematic situations. Others were a response to the government or private sector actors.

332 Formal agreements, with 20 occurrences, typically result from negotiations between

333 Indigenous and provincial governments, often in order to resolve a conflict or to establish a

334 framework for some other collaboration. We identified 18 consensual processes, partnerships,

335 round tables and committees, often oriented towards management of certain natural

336 resources. Some of these have become permanent, but many continue to be dynamic, with

337 evolving goals, membership and capacity. They are typically characterised by representatives

338 from both Indigenous and non-indigenous organisations sharing in planning, decision-making

339 and implementation of actions that are expected to provide mutual benefits. Business

340 arrangements are the fourth group, with 12 examples, both in forestry and in other fields

341 related to using the traditional lands. Finally,Draft we found eight cases where the case study nation

342 has created a governance organisation, both by engaging professional staff to take

343 responsibility for certain land management activities and by establishing rules or a system for

344 controlling land use.

345

346 4.1 Huron-wendat

347 Our timeline for the Huron-Wendat commences in 1968 with an agreement in which this nation

348 and the Quebec government sought to “regularise” certain aspects of hunting and trapping

349 practices. The Huron Grand Chief at that time, Max Gros-Louis, became a key figure in a series

350 of protests through to the 1990s as the Huron-Wendat and the Quebec government disputed

351 terms or the implementation of the agreement. Of particular importance for the Huron-Wendat

352 nation was the Sioui case (1982 – 1990), which began when four huron-wendat brothers were

353 charged with cutting trees, camping and lighting a fire in the Jacques-Cartier Park, north of

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17 354 Quebec City. After an initial condemnation and a series of appeals, the Supreme Court of

355 Canada finally ruled in 1990 that the Huron-Wendat had traditional rights on these lands as a

356 result of a 1760 treaty with the British. In 1983, while the Sioui case was still in its early stages,

357 the parties formed a working group to find consensus on ways to accommodate Huron-Wendat

358 aspirations in relation to hunting. Similarly, in 1987, the Quebec government delegated the

359 management of the Tourilli section of the Laurentides Fauna Reserve to the Huron-Wendat –

360 an arrangement that continues to this day. However, consensual actions between the Huron-

361 Wendat and Quebec on some issues did not prevent conflicts around other issues, including

362 trapping (1988), goose hunting (1992), the building of a traditional longhouse (1992-94), and

363 hunting camp building in the Laurentides Faunal Preserve. In 1992, several huron-wendats were

364 charged with illegal moose hunting, butDraft a government offer of an agreement on hunting to

365 resolve this conflict was rejected by the Huron-Wendat as being insufficient. Negotiations

366 resumed in 1995 before reaching an agreement in 1997. This agreement on hunting was

367 followed by others: a framework agreement for future negotiations in 2000 (with funding for

368 economic development); an agreement on hunting for ritual and other purposes in 2002; and

369 an agreement with the government park management authority in 2002.

370 < Insert Figure 1 near here>

371 The last ten years have seen the Huron-Wendat seeking to establish their position as land

372 managers, initially through the creation of a land management office in 2006. This was followed

373 by new consensual processes with the government on ecosystem management pilot project

374 (2006), a college training program (2012), and the FSC certification process of the

375 Montmorency Forest managed by the Université Laval (2013). In 2010, the Huron-Wendat

376 raised objections during the environmental impact assessment process for a new highway

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18 377 across their traditional lands. While plans were amended to address these concerns, the Huron-

378 Wendat were also able to establish business partnerships with construction contractors (2011),

379 providing them with employment and economic development benefits from the project.

380 Nevertheless, our study period closed with the failure of an attempt by the Huron-Wendat to

381 establish a protected area (2011 - 2016) and their decision to unilaterally change hunting

382 seasons legislated by the Quebec government (2016), potentially placing hunters from the

383 community in contravention of provincial laws once again.

384

385 4.2 Atikamekw Nehirowisiwok

386 Private forestry companies began large-scaleDraft exploitation of the timber resources of the St- 387 Maurice river valley, referred to as Nitaskinan (“our land”) by the Atikamekw Nehirowisiwok, in

388 the early 1800s. The Atikamekw Nehirowisiwok were frequently employed in this industry as a

389 seasonal labour force (Gélinas 2003), but this changed in the 1970s as the industry mechanised

390 and moved to year-round operations. Our timeline begins in 1982 with two distinct but related

391 events: the unification of three Atikamekw communities in a tribal council, the Conseil de la

392 nation Atikamekw (which eventually replaced an alliance with the Innu or Montagnais that

393 dated from 1975); and the establishment of a forestry company, Services forestiers Atikamekw

394 Aski to undertake contracts, notably tree planting and thinning, for the major companies

395 (Wyatt 2006). This engagement in forestry through contracts and partnerships with private

396 companies continues to this day, with the community of Opitciwan establishing another forest

397 company in 1992 and a sawmill in 1998 as a joint venture with a major forest industry company

398 (the Atikamekw Nehirowisiwok are majority shareholders). Beginning in 1996, the community

399 of also worked to establish a sawmill in partnership with two other companies, but

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19 400 this effort was finally abandoned in about 2004 (Wyatt 2006), although the community

401 subsequently bought a hunting lodge to develop as a recreo-tourism venture. These business

402 activities were not without concern for the Atikamekw Nehirowisiwok, but they were

403 nevertheless able to use these opportunities to develop a series of consensual arrangements

404 aimed at modifying forest management practices related to wildlife and non-timber uses of the

405 land. Of particular importance were the creation of a hunters’ association (1990 to 2001) and

406 the development (in 1999) of a process to negotiate “harmonisation measures” with the

407 forestry companies responsible for harvesting. The harmonisation process was subsequently

408 institutionalised by being adopted into provincial legislation in 2002 and by the creation of

409 technical units in each community responsible for negotiating these arrangements with

410 professional foresters from the industry.Draft

411 < Insert Figure 2 near here>

412 While collaborating with industry and the government through commercial and consensual

413 engagements, the Atikamekw Nehirowisiwok have also challenged their partners on a number

414 of occasions. The negotiation of a framework agreement in 1988 offered hope for a resolution

415 of Atikamekw land claims, but an offer by the Quebec government in 1994 was deemed

416 insufficient, with a subsequent agreement in 1997 serving to continue negotiations. Atikamekw

417 Nehirowisiwok fatigue over lack of progress in resolving their land claims led to road blockades

418 in 2003 and 2012 and then to a unilateral declaration of sovereignty in 2014. The provincial

419 government responded to this declaration by renewing its commitment to negotiating, but

420 there has been no new agreement since. Similarly, changes to provincial forestry legislation in

421 2010 created a new multi-party consultative committee, but also impacted the harmonisation

422 process, with the Atikamekw refusing to participate meaningfully in the new government run

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20 423 processes (Fortier and Wyatt 2014; Fortier and Wyatt 2018). Atikamekw Nehirowisiwok

424 relations with Hydro-Quebec, the state-owned hydro-electric power authority, also provide an

425 interesting example of engagement with a commercial organisation seeking to invest on

426 Atikamekw territory. Starting in 1988, agreements between the parties led to Hydro-Quebec

427 financing the hunters’ association to undertake extensive research on traditional land use

428 (1992-94), contributing to the development of the harmonisation measures (Fortier 2017;

429 Houde 2011) and to several agreements related to possible dam construction on the St-Maurice

430 River. However, in 2004 a decision to go ahead with construction at a specific site provoked

431 substantial opposition from a part of the Wemotaci community. A revised plan and a

432 partnership agreement to build a mini-generating site were negotiated in order to resolve this

433 conflict. Draft

434

435 4.3 Listuguj Mi’gmaq

436 The Mi’gmaq community of Listuguj is located at the head of the Chaleur Bay, between Quebec

437 and New Brunswick, where salmon migrate up the Restigouche River. As a result, both salmon

438 and forest resources are of vital importance to the Mi’gmaq. In 1980, actions by provincial and

439 federal fisheries officers to enforce salmon fishing regulations lead to Mi’gmaq protests and the

440 blocking of the inter-provincial bridge. The following year, the situation escalated with a raid by

441 more than 300 armed officers (Quebec police and conservation officers, supported by

442 helicopters and thirty boats) to seize salmon and fishing equipment from the Mi’gmaq, leading

443 to a tense confrontation, occupation of the bridge and arrests (Obomsawin 1984). Although a

444 number of Mi’gmaq were convicted in provincial court, the conflict also lead to an agreement

445 with the Quebec government in 1982 to initiate a joint management process for salmon fishing

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21 446 on the river. Despite some problems (including more net seizures in 1986), the Mi’gmaq have

447 steadily expanded their role in management of the salmon fishery, and began collaborating

448 with non-government organisations concerned with ensuring healthy salmon populations. Of

449 particular importance was the unilateral enactment of the Listuguj Mi’gmaq First Nation

450 Government Law on Fisheries and Fishing in 1993, as an alternative to provincial and federal

451 laws (NNI-NCFNG 2010), and the establishment of a team of Rangers to enforce this law.

452 < Insert Figure 3 near here>

453 With an established and recognised role in fisheries management, the Listuguj Mi’gmaq turned

454 to forests. Mi’gmaq harvesting of a small volume of timber in 1998 led to charges of illegal 455 logging and to two blockades (1998 andDraft 2000) of a provincial highway that passed through the 456 Listuguj reserve. In 1999, the Supreme Court of Canada ruled on the Marshall case (which had

457 begun in 1993), confirming the treaty rights of Mi’gmaq to engage in commercial fishing. This

458 paved the way for the establishment by Listuguj of a commercial fishing fleet (currently nine

459 boats), and also supporting Mi’gmaq arguments in favour of greater access to forest resources.

460 In 2001, the Quebec government agreed to allocate an annual volume to the Listuguj Mi’gmaq

461 and a variety of other measures have since been negotiated to expand their role in both

462 forestry planning and harvesting. In 2001, Listuguj joined with the two other Mi’gmaq

463 communities of Gaspésie to form the Mi'gmawei Mawiomi Secretariat (MMS) to strengthen

464 negotiations with the provincial government over land claims, resources and other issues. In

465 2002, the collaborative arrangements with other organizations for salmon management were

466 strengthened with the establishment of the Restigouche River Watershed Management

467 Council. However, collaborative agreements in forestry have been relatively uncommon and

468 the Mi’gmaq have chosen to adopt a minimal role in multi-party round tables established by

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22 469 the Quebec government in 2013. Most recently, Listuguj has worked with MMS and private

470 companies to take advantage of government policies to encourage the expansion of wind

471 energy in eastern Quebec, further demonstrating their interest in both managing and deriving

472 economic benefits from natural resources on their traditional lands.

473

474 5 Discussion

475

476 5.1 Differing approaches and strategies to engagement

477 All three First Nations addressed here have engaged in management of their traditional lands 478 and resources in a variety of different ways,Draft using all five types of processes that we identified. 479 As Table 1 illustrates, the frequency of the different types varies between the cases.

480 Furthermore, the sequencing of different processes and the apparent connections between

481 them (to be discussed in greater detail below) also varies greatly between the case studies.

482 Between 1968 and about 2005, the Huron-Wendat case may be characterised by an alternating

483 series of conflicts and agreements, suggesting that the conflicts lead to a negotiated agreement

484 on certain issues, but that further action was subsequently required to resolve remaining

485 issues. Consensual arrangements were attempted during this period, but have become more

486 common since about 2005. This corresponds to the establishment of the land management

487 office, but also reflects capacity and a desire to participate as experts in these collaborative

488 processes, rather than simply as stakeholders (Blanchet 2015). Finally, business arrangements

489 relating to forestland use have been uncommon in this case, although the Huron-Wendat are

490 very active in other economic sectors, including tourism (Bédard 2015).

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23 491 Conversely the Atikamekw Nehirowisiwok have long been engaged in forestry and our timeline

492 in this study begins not with a conflict (as with the Huron-Wendat or the Listuguj Mi’gmaq) but

493 rather with organisational measures to enhance their engagement in private sector activities.

494 They have sought to build their role from that of a relatively unskilled forest workforce to more

495 skilled operational and planning responsibilities and subsequently as owner-operators of

496 sawmills, requiring significant capital but also providing greater returns and a central role in

497 forest management. Through this evolution, the Atikamekw Nehirowisiwok have sought to

498 develop a forest management model that meets both their own values and objectives and

499 those of the forest industry, while simultaneously negotiating with both the government and

500 the private sector to obtain recognition of their occupation of their traditional lands.

501 Nevertheless, it also appears that the AtikamekwDraft Nehirowisiwok have found that this process

502 has been too slow in delivering either economic benefits or treaty-style recognition, and so we

503 see an increase in conflicts since the early 2000s, including road blockades in 2003 and 2012, a

504 boycott of government-organised consultations in 2009 and the declaration of sovereignty in

505 2014. Despite these conflicts, the Atikamekw Nehirowisiwok maintain effective collaboration in

506 both business and forest management arrangements, demonstrating that conflict in one area

507 does not necessarily cause the breakdown of relations in others. This is consistent with work by

508 historian Claude Gélinas (2003) and anthropologist Sylvie Poirier (2001) who have concluded

509 that the Atikamekw Nehiroswisiwok have adapted their own practices on the land to take

510 advantage of settler intrusions such as railways, dams, forestry and roads to enhance their

511 ability to access and occupy their traditional territories.

512 The Mi’gmaq of Listuguj present certain similarities with that of the Huron-Wendat in that we

513 observe alternating conflicts and formal agreements, but the extent of their business

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24 514 arrangements resembles that of the Atikamekw Nehirowisiwok. It is interesting to note that the

515 1981 police raid to seize fishing equipment effectively led to a situation in which the Migmaq

516 now have recognised rights, their own legislation and management staff, as well as significant

517 commercial capacity. Both confrontational and collaborative approaches appear to have

518 contributed to this, and the support of outside groups as allies appears to have contributed to

519 recognising Mi’gmaq expertise and capacity. The adoption of their own fishing law was also a

520 significant act of ”assertion and manifestation of the nation’s right to fish and to govern its

521 people, lands, and waters in its own ways” (NNI-NCFNG 2010, 2). A similar approach is

522 underway with forestry and with wind energy, but these are not yet so developed. The Quebec

523 government’s attempts to exercise state power in 1981 appear to have had an opposite effect

524 to that intended, promoting Mi’gmaq autonomyDraft rather than overpowering it. Consensual

525 arrangements appear to be less common in Listuguj, but where these exist (such as in river

526 management) they have proved effective in enhancing Mi’gmaq institutions.

527 Maclean et al. (2015, 207) concluded that the two Indigenous groups in their study “engage

528 strategically to achieve particular natural resource management outcomes” and that they could

529 choose to either work consensually with an institution, or to disrupt it. The strategic choice

530 depended upon which action they felt would provide the best outcomes in a particular

531 situation. Examining our case studies, it is clear that each nation has adopted a distinct strategy,

532 but we do not claim that this was a deliberate choice, made for example in 1982, and followed

533 over the course of several decades. Instead we consider that the strategy reflects the unique

534 combination of factors in each situation – including opportunities, barriers, challenges, local

535 actors, capacity in the community and in other actors, and varying priorities and values – along

536 with new, changing, and contingent circumstances. Similarly, the Maclean et al. (2015) study

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25 537 concluded that success also required that strategic choices be renegotiated as planning

538 environments changed and new opportunities arose. Other detailed analyses of long-term

539 efforts by First Nations to regain their traditional lands, such as Takeda’s (2015) account of the

540 Haïda in British Columbia, Salée and Lévesque (2010) for the Cree in Quebec, and Nadasdy

541 (2017) in the Yukon also demonstrate how each nation has reacted to changing circumstances

542 while progressing towards their goal. These choices demonstrate the importance of recognising

543 Indigenous strategies in relations with non-indigenous groups – the nations presented here

544 have taken advantage of situations to advance their own interests and to create new

545 opportunities for change. Hence, the notion of “strategy” that emerges from our data is one of

546 constant and active reassessment of possibilities for auto-determination rather than one of an

547 overarching and constant plan towards Draftit.

548 5.2 Transformative and incremental change through conflict and consensus

549 All three case studies have used both conflict and consensus and have achieved both

550 transformative and incremental changes, in the terms used by Maclean et al. (2015, 208).

551 Conflicts should not simply be seen as a breakdown in harmonious relations or consensual

552 arrangements, but rather as a means of challenging inequalities associated with natural

553 resource access and use, making these more visible and encouraging correction. The

554 experiences of the Huron-Wendat and the Listuguj Mi’gmaq as presented here both

555 commenced with significant conflicts that lead the way to recognition of rights and an

556 expanding role in managing lands and resources. The Atikamekw Nehirowisiwok began with a

557 more incremental approach, but have also faced situations where conflict was necessary to

558 challenge the status quo at certain times of legislative changes(Fortier and Wyatt 2018).

559 Elsewhere, Takeda (2015) provides a clear example in the way that the Haïda nation in British

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26 560 Columbia used conflict and power. Using research in product development, Song et al. (2006)

561 found that in instances in which conflict proved to be constructive, it contributed to innovation,

562 which again appears consistent with the development of new consensual arrangements,

563 institutions and business partnerships that we see in our case studies. Nevertheless, conflict

564 remains a potentially destructive force and cannot always be instrumentalized in a predictable

565 way. Some conditions in which conflict has more chances of being constructive have been

566 identified. The recognition that there are different cultural models in play and longer timelines

567 for negotiation seem to contribute to constructive outcomes (Horowitz and Boardman 1994).

568 However, Fligstein and McAdam (2011) note that using a conflict to create an opportunity to

569 improve a situation is inherently risky, and that challengers (such as Indigenous peoples) are

570 usually more exposed to these risks thanDraft are incumbents.

571 If conflict is a means of provoking transformational change, then the consensual approaches in

572 our case studies - collaborative processes, agreements and business partnerships - have all

573 proved to be useful in building relationships and capacity through iterative and incremental

574 change. The Atikamekw Nehirowisiwok took their historical experience in the forestry sector

575 and gradually expanded their expertise and skills, becoming increasingly engaged in both forest

576 management forums and in commercial harvesting of the forests (Wyatt 2006). The Huron-

577 Wendat have engaged in a variety of consensual activities in relation to forest management,

578 and are increasingly recognised for their capacity and their expertise (Blanchet 2015). Early

579 collaboration between the Listuguj Mi’gmaq and non-government organisations sharing their

580 concern for salmon conservation has contributed to acceptance of an enhanced role in river

581 management and regulatory capacity (NNI-NCFNG 2010, 2). All three nations have chosen to

582 maintain certain consensual engagements while simultaneously using conflicts to achieve a

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27 583 transformative change – often on the same issue. The Atikamekw Nehirowisiwok blocked

584 logging roads, boycotted one consultation process and made a unilateral declaration of

585 sovereignty in 2014, but continued their commercial activities with the forest industry and their

586 participation in other consultations about forest management. Similar events can be seen in the

587 other two case studies.

588 This pattern suggests that the use of both conflict and consensus in these case studies

589 represents a strategic approach to achieving both transformative and incremental change. All

590 three case studies show evidence of both approaches, and that conflicts are usually (but not

591 always) followed by a new arrangement that provide for future collaboration in ways that are 592 more favourable to Indigenous nations.Draft However, we do recognise the possibility that the 593 conjuncture of conflicts and consensus is not part of a strategy, but is rather a result of

594 uncertain goals or of “one hand not knowing what the other is doing”. Nevertheless, the use of

595 conflict to achieve transformation followed by collaborative incremental change is consistent

596 with the experience of the Cree, who strenuously challenged governments and industries,

597 thereby creating new governance structures in which they could work with the state (Salée and

598 Lévesque 2010). Clearly the particular need for either type of change will depend upon the

599 situation and the actors at any given moment, and upon the capacity of the nation to take

600 advantage of this.

601

602 5.3 Interactions between different engagement options within a strategic approach

603 If Indigenous nations (or other actors) are making choices between different options for

604 engaging in forest and land management, then it is useful to consider how this occurs and what

605 impact different types of interactions could have. Separate work by co-author Fortier (2017)

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28 606 provides a more detailed analysis of the Atikamekw Nehirowisiwok case study than is

607 presented here, proposing five principal forms of interaction: opposition, genealogic, doubling,

608 complementarity and influence. Our analysis of the processes in the Huron-Wendat and the

609 Listuguj Mi’gmaq cases studies highlights particularly the first four of these forms, and helps to

610 demonstrate how the outcomes of one process can affect starting conditions for another

611 Opposition appears quite often in our case studies, most commonly as conflicts that occurred

612 where the nations expressed their dissatisfaction with the existing situation or government

613 positions, as in the Mi’gmaq and Huron-Wendat cases. As discussed above, conflict can be

614 effective in provoking transformative change, providing a basis for subsequent, more 615 collaborative engagements. However, oppositionDraft can also occur if two (or more) engagement 616 processes are pursuing different objectives. The Wemotaci sawmill project was seen by some

617 Atikamekw Nehirowisiwok as being incompatible with their values, resulting in the creation of

618 the Harmonisation Project as a means to reconcile these (Wyatt 2006).

619 Genealogic interactions are also common, denoting one or several processes that are the direct

620 descendants of a previous process, and is the clearest example of incremental change and its

621 contribution to relationship building. This is particularly evident in the Atikamekw

622 Nehirowisiwok case, both with the expanding number of Atikamekw forestry businesses and

623 with the gradual institutionalisation of harmonisation measures from an initial proposition in

624 1991, to a project in 1999 and finally to provincial legislation in 2002. This type of genealogic

625 interaction is of particular importance for building relationships and partnerships between

626 Indigenous nations and the government or the private sector, as it suggests that engaging in a

627 minor project could be followed by others of greater significance. However, the contrary effect

628 is also possible – an Indigenous group that was dissatisfied with previous engagements (or

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29 629 conflicts) may be reluctant to embark upon a new relationship with the same partners, even if

630 the latter say that they are committed to a new beginning.

631 Doubling, when a nation is engaged in two (or more) similar processes concurrently, often

632 requires representatives of a nation to address the same issues with different groups in

633 multiple fora. Consultation round tables, mandated by the Quebec government since 2010, are

634 organised on the basis of government administrative units and so each of the three nations

635 studied here participates in several distinct tables, often involving the same industry

636 representatives or other actors (Fortier and Wyatt 2014). Similarly, in 2011-12, the Huron-

637 Wendat were simultaneously engaged in consensual arrangements around ecosystem 638 management, Laval university’s experimentalDraft forest, management of the Tourilli forest, and the 639 negotiation of harmonisation measures. While a number of parties participated in several

640 processes, no two processes had exactly the same participants, nor addressed the same issues,

641 thereby providing additional opportunities for building relationships. Doubling of processes

642 risks increasing confusion among participants, whether Indigenous or not, and also requires

643 time and human resources, which are often less available in small indigenous communities than

644 they are in large government departments or private companies. However, doubling also

645 provides certain strategic advantages - Atikamekw communities have established individual

646 forest services companies, allowing each community to focus on their priorities and build

647 diversified expertise, while also spreading the risk associated with problems in a single firm.

648 Complementarity occurs when two or more distinct processes contribute to achieving the

649 same goal – although each process may also have other goals which are not shared. The

650 establishment of the Mi’gmaq rangers and their participation in the Restigouche river

651 management council both contribute to exercising control over the management of the river,

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30 652 demonstrating Mi’gmaq knowledge and capacity, improving environmental quality and

653 ensuring respect for the salmon as a key species for the Mi’gmaq. Owning and operating a fleet

654 of fishing vessels complements these goals and builds expertise in fisheries management, while

655 also generating economic returns which contribute to financing control activities.

656 These interactions, especially genealogic, are particularly relevant to the application of path

657 dependency theory, whereby an initial choice or institution continues to shape further practices

658 and processes over a long period - sometimes reduced to “history matters” (Pierson 2000). The

659 key events identified at the start of each of our timelines – the Listuguj raid, the Atikamekw

660 forest company and the defiant cutting of trees by four huron-wendat – each launched a series 661 of processes and events that have contributedDraft to defining the way in which each nation 662 approaches engagement with governments and others. However, our case studies show that

663 engagement options are multiplying and diversifying, rather than coalescing around a single

664 path, as suggested by path dependency theory. We consider that this may be due to the extent

665 of conflicts and transformative change, along with collaborative processes that are fairly

666 dynamic. Our cases appear to support the work of Pierson (2000, 263) who proposed four

667 features that can help determine how path dependent processes could be working: multiple

668 equilibria; contingency; timing and sequencing; and inertia. All four appear to be present in our

669 case studies. The diversity of engagement options in our case studies also appears to highlight

670 Indigenous agency in the form of strategic choices made about whether or not to maintain an

671 existing arrangement, to accept a process or a model proposed by a government, or to

672 commence a new process to transform an existing path. We consider this a rich field for future

673 research.

674

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31 675 5.4 Creating governance organisations

676 A characteristic of all three case studies since the late 1990s has been an increase in Indigenous

677 governance of traditional lands and resources, as all three nations have established

678 administrative units, introduced rules and processes, and employed professional and technical

679 staff. Blanchet (2015) and Cyr (2016) both describe the importance of the Bureau du

680 Nionwentsïo, the land management office, in enabling the Hurons-Wendat to negotiate with

681 the government and other stakeholders, and to implement programs both independently and

682 in conjunction with others. Similarly, the Listuguj Mi’gmaq have employed an increasing

683 number of fisheries and forest rangers, passed their own fisheries law, and established a 684 resources management department (NNI-NCFNGDraft 2010), in addition to creating the Mi'gmawei 685 Mawiomi Secrétariat to coordinate actions between three nations. There is extensive research

686 that examines governance arrangements for Indigenous peoples, often in terms of the

687 negotiation of structures and processes with governments (Nadasdy 2003). While our case

688 studies are consistent with this, they also demonstrate the importance of having organisations

689 with professional and technical staff that are capable of implementing processes, ensuring

690 respect of rules and negotiating as equals with representatives of industry and government.

691 The importance of such institutions was also emphasised by the Harvard Project on American

692 Indian Economic Development, which identified five key factors for successful Indigenous

693 development: 1) sovereignty and practical decision-making powers; 2) capable governing

694 institutions that encourage members to contribute; 3) cultural match between organisational

695 structures and Indigenous values and authority; 4) strategic orientations to plan actions for

696 long-term vision; and 5) leadership capable of promoting the nation’s interest (Cornell et al.

697 2004). The establishment of governance organisations within each nation, whether as a small

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32 698 technical unit or as a more-encompassing political and management team, provides these

699 nations with the capacity to make choices about engagement options based on current

700 situations and on long-term plans.

701 6 Conclusion: The importance of multiple spaces to negotiate indigenous engagement

702 Our objective in this study was to consider the extent to which Indigenous nations exhibit

703 agency through a strategic approach in using different engagement processes within a broader

704 context and over a period of decades to enhance their role in land and resources management.

705 The three First Nations who have participated in this study have all used a variety of

706 approaches to engagement over the years, and the extent of their efforts is likely to be 707 surprising to many readers. Reviewing individualDraft engagements over a long time span suggests 708 the use of distinct strategies by each nation, reflecting the unique combination of factors in

709 each situation, along with new and changing circumstances. This chronological perspective also

710 shows the limitations of focusing too narrowly on individual processes - a conflict may establish

711 new opportunities for collaboration and improving relations, while a negotiation or an

712 economic development initiative that failed in one year may be resurrected in a different form

713 several years later. Multiple engagements are demanding upon human and financial resources,

714 especially for Indigenous nations where these are often in short supply, and the timelines

715 presented here also point to the importance of organisations and expertise within

716 communities. Finally, our work supports the importance of considering both conflict and

717 collaboration within a strategic approach to expanding Indigenous engagement (Maclean et al.

718 2015). Conflicts enable Indigenous peoples to highlight their concerns, to address inequalities in

719 power and resources and to achieve transformative change. Collaboration favours incremental

720 change, which is useful in gaining recognition, strengthening capacity and organisations, and

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33 721 building stable relationships that will in turn contribute to mitigating the negative impacts of

722 eventual conflicts.

723 The diversity of processes and the different strategies adopted in our case studies point to the

724 importance of having sufficient institutional space to allow for different types of processes.

725 Agreeing upon engagement mechanisms between Indigenous and non-indigenous actors in

726 forestland management requires negotiation of competing claims and interests, often involving

727 tension (Natcher et al. 2005; Rodon 2003). This is consistent with contemporary understanding

728 of governance (Lemos and Agrawal 2006; Theys 2003) where institutional openness accepts

729 confrontations and competing viewpoints in order to find solutions to wicked problems. Salée 730 and Lévesque (2010) attribute Cree successDraft in attaining a significant measure of control over 731 management of natural resources to their use of a variety of means to pressure governments

732 and industry to create room for negotiation. For many indigenous peoples, conflicts about

733 environmental issues or resource management are intimately connected to broader issues of

734 recognition, of sovereignty and of their place in the dominant economy (Coombes et al. 2012)

735 and these need to be explored and addressed if the conflict is to be resolved in a constructive

736 way. While we encourage governments, the private sector and Indigenous people to develop

737 organisations, structures and processes to promote Indigenous engagement, we also warn

738 against the imposition of rigid models, the adoption of recipes from elsewhere and the search

739 for “magic bullets”. Instead, we consider that engagement requires continuing negotiation of

740 interests and values among actors, and that this in turn requires both space and time.

741

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34 742 Acknowledgements

743 We gratefully acknowledge the invaluable contribution of the three nations participating in this

744 study – the Atikamekw Néhirowisiwok, the Hurons-Wendat and the Listuguj Mi’gmaq – and we

745 also acknowledge their long-standing stewardship of their traditional lands. Documents,

746 information and advice were provided by representatives of the Conseil de la Nation

747 Atikamekw, three Atikamekw band councils, the Listuguj Mi’gmaq Government, the Mi'gmawei

748 Mawiomi Secretariat, the Conseil de la Nation huronne-wendat and the Bureau du

749 Nionwentsïo. We also recognise the contributions of other parties, including the Quebec

750 Government and forestry companies, who have engaged with these Nations in various ways

751 over a long period. Funding for this research was provided by the Social Sciences and

752 Humanities Research Council of CanadaDraft through grant numbers 410-2009-2624 and 410-2010-

753 996. Julie Raymond and Audrey Fournier, students at UQAR, assisted in fieldwork with the

754 Listuguj Mi’gmaq.

755

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35 756 References

757

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37 844 Newman, D. 2014 The Rule and Role of Law: The Duty to Consult, Aboriginal Communities, and 845 the Canadian Natural Resource Sector No. 4. The Macdonald-Laurier Institute for Public 846 Policy. Ottawa, ON, p. 32. 847 Nikolakis, W. and Nelson, H. 2015 To log or not to log? How forestry fits with the goals of First 848 Nations in British Columbia. Canadian Journal of Forest Research, 45 (6), 639-646. 849 NNI-NCFNG. 2010 Making First Nation Law: The Listuguj Mi’gmaq Fishery. Native Nations 850 Institute for Leadership, Management and Policy (NNI), University of Arizona National 851 Centre for First Nations Governance (NCFNG). Tucson, Arizona. 852 Obomsawin, A. 1984 Incident at Restigouche. NFB/ONF Canada. 853 Ostrom, E. 1990 Governing the Commons: The Evolution of Institutions for Collective Action. 854 Cambridge University Press: Cambridge U.K. 855 Padgee, A., Kim, Y. and Daugherty, P. 2006 What Makes Community Forest Management 856 Successful: A Meta-Study From Community Forests Throughout the World. Society & 857 Natural Resources, 19 (1), 33-52. 858 Peckett, M. 2003 Is This Consultation? In Native Voices in Research. J. Oakes, R. Riewe, K. Wilde, 859 A. Edmunds and A. Dubois (eds.), Aboriginal Issues Press, University of Manitoba, 860 Winnipeg, Manitoba, pp. 243-247. 861 Pierson, P. 2000 Increasing Returns, Path Dependence, and the Study of Politics. The American 862 Political Science Review, 94 (2), 251-267. 863 Poirier, S. 2001 Territories, identity and modernity among the Atikamekw (Haut St-Maurice, 864 Québec). In Aboriginal autonomyDraft and development in Northern Quebec and Labrador. C. 865 Scott (ed.), UBC Press, Vancouver, pp. 98 - 116. 866 Roberts, W.C. 2017 The Idea of Emancipation after Postcolonial Theory. Interventions, 19 (6), 867 747-763. 868 Rodon, T. 2003 En partenariat avec l'État; Les expériences de cogestion des Autochtones du 869 Canada. Les Presses de l'Université Laval: Québec, 320 p. 870 Ross, M.M. and Smith, P. 2002 Accommodation of Aboriginal Rights: The Need for an Aboriginal 871 Forest Tenure (Synthesis Report). Sustainable Forest Management Network, University 872 of Alberta, Canada, p. 51 p. 873 Salée, D. and Lévesque, C. 2010 Representing Aboriginal Self-Government and First 874 Nations/State Relations: Political Agency and the Management of the Boreal Forest in 875 Eeyou Istchee. International Journal of Canadian Studies / Revue internationale d’études 876 canadiennes, 41, 99-135. 877 Smith, M.A.P. 2013 Natural Resource Co-Management with Aboriginal Peoples in Canada: 878 Coexistence or Assimilation? In Aboriginal Peoples and Forest Lands in Canada. D.B. 879 Tindall, R.L. Trosper and P. Perreault (eds.), UBC Press, Vancouver, pp. 89-113. 880 Song, M., Dyer, B. and Thieme, R.J. 2006 Conflict management and innovation performance: An 881 integrated contingency perspective. Journal of the Academy of Marketing Science, 34 882 (3), 341. 883 Takeda, L. 2015 Islands’ spirit rising : reclaiming the forests of Haida Gwaii. UBC Press: 884 Vancouver. 885 Teitelbaum, S. and Wyatt, S. 2013 Is forest certification delivering on First Nation issues? The 886 effectiveness of the FSC standard in advancing First Nations' rights in the boreal forests 887 of Ontario and Quebec, Canada. Forest Policy and Economics, 27 (0), 23-33.

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38 888 Théberge, D. 2012 Rencontre des acteurs et des imaginaires à travers un processus de dialogue: 889 Le cas du Projet pilote d'aménagement écosystémique de la Réserve faunique des 890 Laurentides. Maître ès arts (M.A.), Université Laval. 891 Theys, J. 2003 La gouvernance, entre innovation et impuissance: Le cas de l’environnement. 892 Revue développement durable et territoire, Dossier 2, 1-35. 893 Thomson, A.M., Perry, J.L. and Miller, T.K. 2007 Conceptualizing and Measuring Collaboration. 894 Journal of Public Administration Research and Theory, 19 (1), 23-56. 895 Trosper, R., Nelson, H., Hoberg, G., Smith, P. and Nikolakis, W. 2008 Institutional Determinants 896 of Successful Commercial Forestry Enterprises Among First Nations in Canada. Canadian 897 Journal of Forest Research, 38 (2), 226–238. 898 UNDRIP. 2007 United Nations Declaration on the Rights of Indigenous Peoples. 899 http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf. 900 von der Porten, S. and de Loë, R.C. 2014 How Collaborative Approaches to Environmental 901 Problem Solving View Indigenous Peoples: A Systematic Review. Society & Natural 902 Resources, 1-17. 903 Wyatt, S. 2004 Co-existence of Atikamekw and industrial forestry paradigms: Occupation and 904 management of forestlands in the St-Maurice river basin, QuébecDoctoral Thesis, 905 Université Laval. 906 Wyatt, S. 2006 "Si les autres le font, pourquoi pas nous?" La quête des Atikamekw de Wemotaci 907 pour un rôle dans la foresterie au Nitaskinan Recherches amérindiennes au Québec, 36 908 (2-3), 9-18. Draft 909 Wyatt, S., Fortier, J.-F. and Hebert, M. 2010 Collaboration entre Autochtones et autres acteurs 910 forestiers du Québec: portrait d'une diversité de pratiques et de modèles. The Forestry 911 Chronicle, 86 (2), 243-255. 912 Wyatt, S., Fortier, J.-F. and Martineau, C. 2010 First Nations’ involvement in forest governance 913 in Quebec: The place for distinct consultation processes The Forestry Chronicle, 86 (6), 914 730-741. 915 Wyatt, S., Fortier, J.-F., Natcher, D.C., Smith, M.A. and Hébert, M. 2013 Collaboration between 916 Aboriginal peoples and the Canadian forest sector: A typology of arrangements for 917 establishing control and determining benefits of forestlands. Journal of Environmental 918 Management, 115 (1), 21-31. 919

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Table 1 Frequency of different types of processes used by each of three Nations

Huron Wendat Atikamekw Listuguj Total Nehirowisiwok Mi’gmaq

Conflicts 7 10 6 23

Formal 7 5 8 20

Consensual1 10 5 3 181

Business 2 6 4 12

Institutionalisation 2 3 3 8

Total 28 29 24 81

1 Although each First Nation is currently able to participate in one or more local consultation tables, we count onlyDraft one such process per Nation in this table.

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Figure 1 Timeline of Huron-Wendat engagement in forestland management 1968-2016

Draft

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Figure 2 Timeline of Atikamekw Nehirowisiwok engagement in forestland management 1982- 2016

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Figure 3 Timeline of Listuguj Mi’gmaq engagement in forestland management 1982-2016

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