Why "Governance" In ESG Is Particularly Important For Indigenous Businesses

ML
McKercher LLP
Contributor
McKercher LLP is a full-service law firm with offices in Saskatchewan, Canada with roots tracing back to 1926. With over 70 lawyers and locations in both Saskatoon and Regina, we have played an integral role in Saskatchewan’s most significant commercial projects and have led litigation cases that have shaped Canadian law.
ESG or Environmental, Social and Governance, is a growing consideration for investors and can generate value for businesses, including those organized by Indigenous communities in pursuit of economic development objectives.
Canada Corporate/Commercial Law
To print this article, all you need is to be registered or login on Mondaq.com.

ESG or Environmental, Social and Governance, is a growing consideration for investors and can generate value for businesses,1 including those organized by Indigenous communities in pursuit of economic development objectives. Many of these businesses are organised by Chief and Council, as the elected government (the "Government"), who are faced with the dilemma of how much control or oversight they should maintain. Hence, the first important ESG consideration is the level of participation that Government will have in the business' governance.

It is no secret that Government is affected by community politics, and it is common knowledge that running a community is busy work. Considering this with the potentially conflicting duties to the community and to the business, too much oversight or control by Government can result in governance challenges. These challenges include opportunities for political interference or capture, and delays in decision-making.

Political interference or capture occurs when the interest of the business is subjugated to outside interests. For example, a business may need to make a decision on a matter that will have long-term benefits but is opposed by the community because of the short-term impacts. In this situation, the Government may feel pressure from the community to veto the decision despite that it may be overall beneficial.

Click here to continue reading . . .

Originally published by Industry West Magazine.

Footnote

1. Witold Henisz, Tim Killer & Robin Nuttall, "Five ways that ESG creates value", McKinsey Quarterly (November 2019).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Why "Governance" In ESG Is Particularly Important For Indigenous Businesses

Canada Corporate/Commercial Law
Contributor
McKercher LLP is a full-service law firm with offices in Saskatchewan, Canada with roots tracing back to 1926. With over 70 lawyers and locations in both Saskatoon and Regina, we have played an integral role in Saskatchewan’s most significant commercial projects and have led litigation cases that have shaped Canadian law.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More