Indigenous Communities and Resource Development is an elective course in Osgoode’s Professional LLM in Energy and Infrastructure Law that examines the legal and policy issues arising at the intersection of Indigenous rights and natural resource development in Canada. The course explores constitutional rights, the duty to consult and economic development, focusing on how these principles shape relationships between Indigenous nations, governments and resource developers.
The course is taught by Larry Innes, a partner at Olthuis, Kleer, Townshend LLP who has worked in Indigenous rights and environmental law for more than 25 years. His practice involves advising Indigenous governments on major resource projects, conservation and land use planning initiatives across Canada.
“The relationship between Indigenous law and just about anything to do with resource development anywhere in Canada is something that over the last 30 years has been made abundantly obvious,” Larry says. Professionals working in government, legal practice, policy or the resource sector need to understand how Indigenous constitutional rights influence development decisions.
These rights carry significant implications for projects involving mines, hydroelectric facilities, transmission lines and pipelines. Governments and developers must undertake meaningful consultation with affected Indigenous communities and, increasingly, seek their free, prior and informed consent. Larry explains that projects which fail to address these obligations can encounter opposition, delays and financial consequences. Conversely, effective agreements can support development while creating social and economic opportunities for Indigenous communities.
The course begins with the historical foundations of Indigenous rights in Canada, tracing relationships from early European contact through Confederation, the Indian Act, residential schools and the contemporary recognition of Indigenous rights. Students examine treaties, the Royal Proclamation, Canada’s Constitution and court decisions interpreting section 35. They also evaluate government consultation policies and their application to contemporary resource projects.
“I think a sense of curiosity and an interest in Canadian history is really important for understanding the course,” Larry says. This historical background provides essential context for understanding the legal and political questions surrounding resource development today.
A distinctive aspect of the course is the range of perspectives students bring to the classroom. Lawyers study alongside professionals working in resource development, government and policy, as well as Indigenous participants who contribute their nations’ perspectives. These experiences make discussions “far more real world than an otherwise academic exercise might be,” Larry says.
Larry also invites Indigenous leaders he has worked with to share their experiences with students, offering insight into the challenges facing their nations and the legal and other approaches they use to pursue outcomes for their communities.
His teaching approach emphasizes narrative as a way of connecting legal developments with their historical context. “I try to do this through narrative. So I tell stories,” Larry explains. These stories range from the formation of early treaties to contemporary negotiations and disputes involving Indigenous nations, governments and resource developers.
Storytelling also informs his legal practice. When working with a new community or client, Larry begins by listening to their story and considering how it relates to the legal principles that shape decisions in courts and legislatures.
Classroom learning combines extensive reading, seminar discussions and practical application. Assessment centres on a major research paper examining a current resource development proposal, allowing students to apply course concepts to issues they may already encounter professionally.
“I hope that they will better understand the central significance of Indigenous constitutional rights in shaping Canada today,” Larry says. Beyond developing legal knowledge, he hopes students will recognize how historical relationships continue to influence contemporary decisions.
“My big hope is that people will invest themselves in making that relationship better by having a better understanding of how it is we got to this place where we are today.”
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Larry Innes – Partner, Olthuis, Kleer, Townshend LLP