Negotiating with First Nations in the Ring of Fire may be tricky, and take time, but the country can no longer justify ignoring or exploiting its aboriginal communities, a former supreme court judge said Tuesday.

"The project does illustrate how government and industry can, and should, take First Nations seriously in economic development," Frank Iacobucci told a Greater Sudbury Chamber of Commerce luncheon series audience.

The veteran lawyer, who brokered an agreement in 2013 with the Matawa Tribal Council chiefs on behalf of the Ontario government, said he has been impressed with the leadership of aboriginal communities and the efforts they have made to engage their members.

"With that leadership and that engagement, there is more opportunity for agreements," he said, while cautioning patience is often required.

"It’s not a matter of being quick," said Iacobucci. "It’s a matter of being right."

As deputy minister of justice in the Mulroney government of the 1980s, Iacobucci worked on a constitutional amendment that would have afforded more political autonomy to First Nations.

"That attempt narrowly failed," he said. "But what is really fascinating to see is that self-government has been developing on a de-facto basis. There is a growing recognition that we deal with these communities on a government-to-government basis, not with a constitutional amendment but as a matter of practical reality."

Iacobucci admitted there is still much work to do to repair injustices of the past and build trust with First Nations people, calling it a "Herculean task," but said it is essential that Canadians rise to the challenge.

"I regard it as the most important societal issue facing Canada," he said, noting the socioeconomic situation on many reserves is comparable to developing nations.

"The list of serious ailments is huge, but I don’t think we can hold our heads high internationally while these conditions exist," he said.

Iacobucci said moving forward requires an honest reckoning with the past, which since contact has not been kind to the country’s original inhabitants.

He pointed to sparsely worded treaties that divied up land and resources, mostly to the benefit of the European newcomers; the patronizing installment of Indian agents, whose permission was required if a band member wanted to leave a reserve; and a policy of forced assimilation that was reflected in the residential school system.

"It’s one of the most important and significant reasons why, through our history, we have alienated First Nations people," he said.

While financial settlements and apologies have helped, the wounds run deep, he said, in part because, as an oral culture, First Nations pass on stories verbally from generation to generation.

"I think that has more of an impact than if you read something in a book," mused Iacobucci. "The ugly episodes from history take on a greater emphasis as they are told through generations."

The lawyer of 65 years also pointed to issues with the Indian Act, noting the legislation and its successive amendments "have raised and continue to raise controversial issues about lack of independence, freedom and respect."

Given its divisive elements, Melanie Debassige, a M’Chigeeng First Nation band member who attended the luncheon speech, wondered if the time had come to scrap the act.

"I see it as a major barrier to building a good relationship," said the Anishinabe woman, who works as an executive with Milman Industries, as well as serves on the board of the Ontario Clean Water Agency. "Are there steps Canada and industry should be taking to abolish the Indian Act?"

Iacobucci advised a more patient and indirect approach. "I’d rather continue to try to build something positive than to go to court and dismantle it," he said. "It might die on the vine, so to speak, because we are building a good relationship."

In 2011, Iacobucci was engaged by the province to look at aboriginal representation on jury rolls, which he found severely lacking.

"It was typical of other areas in being a case of neglect and not making enough effort," he said, adding there has since been "some real progress made on that issue."

Looking ahead, the former court justice said a change in attitude is required among both aboriginal and non-aboriginal Canadians, with the goal being to establish a relationship "founded on mutual respect and trust."

He said history should be a lesson but not an obstacle. "We need to acknowledge our history but not dwell on it," he recommended. "Let it serve as an incentive to move forward fairly."

jim.moodie@sunmedia.ca