Shocking new environmental assessment process

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April 19, 2012

Honourable Joe Oliver
Ministry of Natural Resources Canada
House of Commons
Ottawa, ON, K1A 0A6

Sent via facsimile: 613-943-1562

OPEN LETTER: Federal Announcement of the Responsible Resource Development Plan (April 17th, 2012)

Dear Minister Oliver:

We are writing with respect to your government’s shocking announcement to completely gut the environmental assessment process. We are gravely concerned with this announcement to eviscerate the process for environmental review on resource development projects after the changes lay waste to the credibility of the process. These environmental laws and the associated processes do not replace the judicially-recognized and constitutionally-protected Aboriginal Title, Rights and Treaty Rights but there are vital parts of the Crown’s relationship with First Nations. Fundamental changes to the environmental assessment process and other environmental protection laws can only be undertaken with meaningful consultation with First Nations. We urge the federal governmental to work with First Nations to improve environmental protections rather then weaken them with the reduction of assessment timelines and the reduction of required organizations responsible for such reviews.

First Nations have legal and constitutionally protected rights and responsibilities to protect their traditional territories and all that this encompasses, and are not merely stakeholders in resource development projects. Both domestic and international law recognize the importance of Indigenous Peoples’ relationship to resources and all activities that take place on our traditional territories. A recent report by the United Nations Committee on the Elimination of Racial Discrimination emphasized the need for Canada to include Indigenous peoples in decision making, recommending that Canada “Implement in good faith the right to consultation and to free, prior and informed consent of Aboriginal peoples whenever their rights may be affected by projects carried out on their lands, as set forth in international standards and the State party’s legislation.” Further, the United Nations Declaration on the Rights of Indigenous Peoples sets out in Article 26(1) that “Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied, or otherwise used or acquired.” We fully expect Canada to uphold its commitment to this important international doctrine.

We remind you that the Crown cannot legislate itself out of its duties to consult and accommodate First Nations. With upcoming projects that require further review such as Taseko Mines Ltd’s Prosperity Mine, expansion of the Kinder-Morgan pipeline, Enbridge Northern Gateway Project as well as other resource development projects, the Federal government must engage in good faith and meaningfully consult with First Nations. Removing or weakening environmental reviews for projects will only result in greater uncertainty and heightened conflict on the land.

We are keenly aware that the British Columbia government is simultaneously working to create regulations to exempt some so-called “low-risk activities” from the requirement to hold a Mines Act permit. The regulatory changes to the Mines Act were set out in Bill 19, which was introduced on November 14th and rushed through the House to receive Royal Assent on November 24th, the last day that the Legislative Assembly sat in 2011. We wish to put you on notice that we are monitoring the dovetailing approaches taken by both the provincial and federal governments to categorically erode the approval process for environmental projects in favour of industry and in complete disrespect for Aboriginal Title and Rights and Treaty Rights.

Again, we are deeply disturbed by these developments and we urgently request a meeting with the First Nations Leadership Council to further discuss how these proposed changes to the environmental assessment process and other environmental protection laws will impact on the Aboriginal Title, Rights and Treaty Rights of First Nations in BC.


FIRST NATIONS LEADERSHIP COUNCIL

On behalf of the FIRST NATIONS SUMMIT:

Grand Chief Edward John
Chief Douglas White III Kwulasultun
Dan Smith

On behalf of the UNION OF BC INDIAN CHIEFS:

Grand Chief Stewart Phillip
Chief Bob Chamberlin
Chief Marilyn Baptiste

On behalf of the BC ASSEMBLY OF FIRST NATIONS:

Regional Chief Jody Wilson-Raybould


CC: BC First Nations

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Wednesday, April 18, 2012 FOR IMMEDIATE RELEASE
NAN WARNS PROPOSED ENVIRONMENTAL ASSESSMENT CHANGES COULD LEAD TO UNREST

THUNDER BAY, ON: Nishnawbe Aski Nation (NAN) is warning that changes to the environmental regulatory process will lead to direct confrontation on the ground. Yesterday, the federal government released details of a plan to overhaul the environmental review process for major projects as announced during the recent federal budget.

Currently, Environmental Assessment processes are underway in the Ring of Fire region within NAN, and more major projects are expected to take place. In November 2011, First Nations in the Matawa region, within the Ring of Fire, filed a judicial review against the Environment Minister's decision to proceed with a comprehensive environmental assessment process for the proposed Cliffs Chromite Project, as opposed to a joint panel review they had called for. This judicial review is expected to be heard in the fall of 2012.

"Consultation and accommodation, let alone consent, have not been met with First Nations. I am concerned with how regulatory reform will affect First Nations, including their ability to meaningfully participate in an environmental assessment process that is proposed to be fast-tracked and unchanged in funding capacity," said Grand Chief Stan Beardy. "No matter how the regulatory system might be changed, First Nations will exercise their inherent authority to provide free, prior and informed consent to any major project taking place in their territories after an environmental assessment takes place."

The regulatory reform process is being driven by the Government of Canada's Responsible Resource Development initiative under Canada's Economic Plan 2012. It includes a reduction in the number of federal departments and agencies for environmental reviews from 40 to three and fixed timelines for assessments of major projects. It will exempt "smaller" developments from the review process completely while placing the responsibility for many large projects under provincial governments.

"Instead of fast-tracking projects and circumventing environmental concerns, the federal government should work with the province to develop an approach to resource development that recognizes and respects the rights and interests of First Nations," said Deputy Grand Chief Terry Waboose. "The first step would be to initiate substantive discussions with us on the recognition of First Nation jurisdiction over our lands, including resource revenue sharing and opportunities for our communities through education and training, employment and business development."

April 17, 2012 marked the anniversary of Canadian Charter of Rights and Freedoms and s. 35 of the Constitution Act, 1982 which recognizes and affirms existing Aboriginal and Treaty rights. "It is ironic that after 30 years, we are still here talking about a government trying to run roughshod over First Nations Treaty rights in the name of resource development - that is not acceptable," said Beardy.

NAN is a political territorial organization representing 49 First Nation communities in James Bay Treaty No. 9 and Ontario portions of Treaty No. 5 - an area covering two thirds of the province of Ontario in Canada.

For more information please contact Christina Filazzola, Communications Officer - Nishnawbe Aski Nation (807)625-4928 or cell (807)251-6386 or by email cfilazzola@nan.on.ca

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Turtle Island Native Network
http://www.turtleisland.org

April 19, 2012

First Nations are warning Canada of the threat of increased conflict, as they lash out at the Harper government's radically revised environmental assessment process for major projects.

Nishnawbe Aski Nation (NAN) is warning that changes to the environmental regulatory process will lead to direct confrontation on the ground. Grand Chief Stan Beardy's reaction includes, "No matter how the regulatory system might be changed, First Nations will exercise their inherent authority to provide free, prior and informed consent to any major project taking place in their territories after an environmental assessment takes place."

The regulatory reform process is being driven by the Government of Canada's Responsible Resource Development initiative under Canada's Economic Plan 2012. It includes a reduction in the number of federal departments and agencies for environmental reviews from 40 to three and fixed timelines for assessments of major projects.

It will exempt "smaller" developments from the review process completely while placing the responsibility for many large projects under provincial governments. "Instead of fast-tracking projects and circumventing environmental concerns, the federal government should work with the province to develop an approach to resource development that recognizes and respects the rights and interests of First Nations," said Deputy Grand Chief Terry Waboose. "The first step would be to initiate substantive discussions with us on the recognition of First Nation jurisdiction over our lands, including resource revenue sharing and opportunities for our communities through education and training, employment and business development." This week Canadians marked the anniversary of the Charter of Rights and Freedoms and s. 35 of the Constitution Act, 1982 which recognizes and affirms existing Aboriginal and Treaty rights. "It is ironic that after 30 years, we are still here talking about a government trying to run roughshod over First Nations Treaty rights in the name of resource development - that is not acceptable," said NAN Grand Chief Beardy. Currently, Environmental Assessment processes are underway in the Ring of Fire region within NAN, and more major projects are expected to take place. In November 2011, First Nations in the Matawa region, within the Ring of Fire, filed a judicial review against the Environment Minister's decision to proceed with a comprehensive environmental assessment process for the proposed Cliffs Chromite Project, as opposed to a joint panel review they had called for. This judicial review is expected to be heard in the fall of 2012. "Consultation and accommodation, let alone consent, have not been met with First Nations. I am concerned with how regulatory reform will affect First Nations, including their ability to meaningfully participate in an environmental assessment process that is proposed to be fast-tracked and unchanged in funding capacity," said the Grand Chief.

In BC, the First Nations Leadership Council has raised red flags over the federal announcement of the Responsible Resource Development Plan. In an open letter to Joe Oliver, Canada's Minister of Natural Resources, the First Nations leaders express their shock and grave converns, and say they are deeply disturbed by the plan to "gut the environmental assessment process". The Leadership Council represents the First Nations Summit, Union of BC Indian Chiefs, and BC Region of the Assembly of First Nations. In their letter, they remind the federal minister that First Nations have legal and constitutionally protected rights and responsibilities to protect their traditional territories and all that this encompasses, and are not merely stakeholders in resource development projects. Both domestic and international law recognize the importance of Indigenous Peoples' relationship to resources and all activities that take place on their traditional territories. "Fundamental changes to the environmental assessment process and other environmental protection laws can only be undertaken with meaningful consultation with First Nations. We urge the federal governmental to work with First Nations to improve environmental protections rather then weaken them with the reduction of assessment timelines and the reduction of required organizations responsible for such reviews." The First Nations leaders point to specific upcoming projects that require further review - Taseko Mines Ltd's Prosperity Mine, expansion of the Kinder-Morgan pipeline, Enbridge Northern Gateway Project as well as other resource development projects. "The Federal government must engage in good faith and meaningfully consult with First Nations. Removing or weakening environmental reviews for projects will only result in greater uncertainty and heightened conflict on the land." But it's not just the federal government that is the cause of First Nations disdain. The British Columbia government is known to be working to create regulations to exempt some so-called "low-risk activities" from the requirement to hold a Mines Act permit. The regulatory changes to the Mines Act were set out in Bill 19, which was introduced on November 14th and rushed through the House to receive Royal Assent on November 24th, the last day that the Legislative Assembly sat in 2011. The leaders are calling for an urgent meeting with the minister to discuss the proposed changes. "We wish to put you on notice that we are monitoring the dovetailing approaches taken by both the provincial and federal governments to categorically erode the approval process for environmental projects in favour of industry and in complete disrespect for Aboriginal Title and Rights and Treaty Rights."

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OFFICE OF THE NATIONAL CHIEF
Assembly of First Nations
April 20, 2012
The Honourable Joe Oliver Ministry of Natural Resources Canada House of Commons Ottawa, ON KlA 0A6

Dear Minister Oliver:

As you are aware, since the Government of Canada announcement of the Responsible Resource Development Plan (April 17th, 2012), First Nations have expressed serious concern across the country. Thirty years after the Constitution recognized and affirmed Aboriginal and Treaty rights, it is an alarming development that Canada would take such steps that will potentially further undermine processes that already do not adequately address clear duties for consultation and accommodation and the clear principle set out in the United Nations Declaration for free, prior and informed consent of Indigenous peoples.

The interaction of the duty to consult and accommodate with existing environmental laws and processes is wholly unsatisfactory and unclear. While the Courts have made it clear that the Crown can use existing processes to fulfill or address the discharge of these duties, this is completely dependant on whether such processes are amenable or have the capacity to do so. At the same time, it is abundantly clear that the Crown is bound by the constitution to uphold its duty to consult and accommodate the Aboriginal and Treaty rights of First Nations, which means it cannot unilaterally reduce these duties through changes to existing legislation. It is the position of the AFN that the honour of the Crown obligates your government to engage with First Nations about these changes before they are finalized and put into effect.

Integration of Aboriginal consultations fails to recognize the distinct legal rights of First Nations and the differential impacts that may be experienced by different Aboriginal groups, Proposed streamlining and aggressive time limitations will only further confuse this situation and further erode the Crown fulfillment of the Constitutional duty.

Canada's plan purports to 'improve Aboriginal consultations' and invests 13 Million over the next two years. Capacity for First Nations is critical to support meaningful engagement and participation in consultation and this investment was welcomed. However we have since learned that this funding may in fact in large part be dedicated to increasing Canada's capacity to manage . . .

READ THE ENTIRE LETTER HERE: https://docs.google.com/open?id=1BJ4xUl ... vxCfvkq7k3

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Turtle Island Native Network
http://www.turtleisland.org

May 1st, 2012

Harper Government Continues Unrelenting Assault Against Aboriginal Title, Rights and Treaty Rights.

That's the header for a news release issued today by the Union of BC Indian Chiefs (UBCIC) reacting to Bill C-38, the Budget Implementation Act which proposes to "drastically weaken the Canadian Environmental Assessment Act, the Fisheries Act and other important legislation which work together to safeguard and protect the environment" according to Grand Chief Stewart Phillip, President of the UBCIC.

"It is clear that Harper's agenda and priorities are the fast-tracking of resource development projects such as the Northern Gateway Enbridge project, expansion of the Kinder-Morgan pipeline and the Taseko Mines Ltd's New Prosperity Mine at the expense of the surrounding watersheds. It is simply repugnant and reprehensible for the Harper Government to shamelessly pander to industry in what should be independent processes and ultimately hold a veto or grant their industry cronies a second chance for any project if an independent review panel conclusions are not the desired conclusions."

The Grand Chief says Bill C-38 bill and its erosion of environmental protections represent a blatant dismissal of Aboriginal Title, Rights and Treaty Rights. This he says, will result in greater uncertainty for industry investments.

"The Harper Government cannot legislate itself out of its duties to consult and accommodate Aboriginal Title, Rights and Treaty Rights."

"Removing and weakening these environmental laws will only create greater political unity and solidarity on the ground as more and more British Columbians realize that once corporate third party interests are granted or expanded; those industry interests are protected at the expense of the environmental values that we all share to the great detriment of all future generations."