forging partnerships building relationships, aboriginal canadians and energy development 23 january...
TRANSCRIPT
FORGING PARTNERSHIPS BUILDING RELATIONSHIPS,
ABORIGINAL CANADIANS AND ENERGY DEVELOPMENT
23 January 2014 Douglas R. Eyford
PRESENTATION TO BC CONSTRUCTION ROUNDTABLE
TOPICS FOR DISCUSSION
What are best practices for First Nations consultation and engagement
Do First Nations want equity ownership, contracting, and employment opportunities
What is the role of industry when the Crown is not able or willing to invest necessary efforts with First Nations
OVERVIEW
Why do Aboriginal rights have special status in Canada
Why is BC different from other jurisdictionsMandateKey issuesWhat happens next
Royal Proclamation 07 October 1763
And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds.
ABORIGINAL RIGHTS
Survived European settlementCalder v. British Columbia (Attorney
General), [1973] S.C.R. 313Guerin v. Canada, [1984] 2 S.C.R. 335Constitution Act, 198235(1) The existing aboriginal and treaty
rights of the aboriginal peoples of Canada are hereby recognized and affirmed
Haida Nation v. British Columbia (Minister of Forests), [2004] 3 S.C.R. 511
WHY IS BC DIFFERENT
Relationship between Crown and Aboriginal peoples unique
Lack of historic treaties in provinceMore than 200 Indian Act bandsReserves account for less than ½ percent of
land mass in province
MANDATE
How will projects affect Aboriginal interestsAboriginal interests in pipeline and marine
safety issuesEmployment and business opportunities for
Aboriginal CanadiansEnvironmental and socio-economic factors
that may affect Aboriginal participation in projects
MANDATE cont….
Geographic scope – Alberta and British Columbia
289 meetings48 First Nations communities28 Aboriginal organizations16 project proponents29 government departments and agencies25 individuals and groups
MANDATE cont….
Interim report to Prime Minister, July 2013Final report to Prime Minster, December
2013
WHAT DO BC FIRST NATIONS WANT
Recognize Canada’s role in promoting projects of national importance
Interests and objectives must be met if projects are to proceed
Projects undertaken in an environmentally sustainable manner
Involved in project planning and decision making
Linked to broader reconciliation agendaRecognition of unextinguished aboriginal
rights
Key Issues
The scope and content of the Crown’s duty where deep consultation is required
Territorial overlap disputes
Duty to Consult and Seek Accommodation
• Cases to be approached individually
• Crown must demonstrate flexibility• Are regulatory processes adequate to
discharge duty
• Role of industry
• Role of Aboriginal groups
Territorial Overlaps
The challenge of resolving territorial disputes
Strength of claim analysis
Encourage Aboriginal initiatives to resolve disputes
WHAT HAPPENS NEXT
Declining U.S. demand for Canadian oil and natural gas
Rapidly expanding opportunities for energy exports overseas, particularly in Asia
Pipelines and terminals needed to deliver landlocked oil and natural gas to tidewater
Two proposed oil pipelinesFour proposed natural gas pipelinesSeveral proposed LNG facilities in Kitimat and
Prince RupertHow will aboriginal interests be addressed
THANK YOU
Report available at:http://www.nrcan.gc.ca/sites/www.nrcan.gc.ca/files/www/pdf/publications/ForgPart-Online-e.pdf