| Title | Indigenous Economic Development and Sustainability: Maintaining the Integrity of Indigenous Culture in Corporate Governance |
|---|---|
| ID_Doc | 66531 |
| Authors | Young, F |
| Title | Indigenous Economic Development and Sustainability: Maintaining the Integrity of Indigenous Culture in Corporate Governance |
| Year | 2021 |
| Published | Mcgill International Journal Of Sustainable Development Law And Policy, 17, 2 |
| Abstract | Economic development provides a pathway for Indigenous peoples to become self-sustaining. Yet, constraints in current Canadian laws and legislation impact the ability of Indigenous Nations to create and develop sustainable economies on their own terms. Consequently, alleviating the poverty and economic disadvantage plaguing Indigenous communities in Canada, while preserving Indigenous culture, requires some creativity. One solution is to integrate Indigenous economies into the "mainstream economy." However, the Supreme Court of Canada has ruled that when Indigenous peoples participate in the mainstream economy, they do so on the same terms as non-Indigenous peoples. This approach results in the danger that an Indigenous Nation's cultural and traditional values - that which makes them a Nation - are at risk of being compromised in the course of doing "mainstream" business. While various contemporary forms of asset governance, including non-profit or corporate structures, may assist in advancing Indigenous economies, an unconventional hybrid structure may more closely align with the ambitions of Indigenous communities seeking to merge business enterprise with social purpose and the communal values inherent to many Indigenous cultures. This article first discusses the various corporate structures available to Bands in Canada then critiques the newly available hybrid structures for how they may or may not meet the sui generis needs of Indigenous Nations. I argue that ultimately these structures are not likely to assist in achieving the goal of economic reconciliation. Rather, Canada could take guidance from both the United States and Australia in establishing its own unique Indigenouscentric model. |
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