Issuu

Wachay! •

Community Leadership

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Mushkegowuk Council

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Odonaterra

How the session will run •

New to on-line engagement

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Technical assistance call: Delta

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Mute, and asking questions

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Materials on Google Drive and HUB (soon!)

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Live recorded

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Polls throughout

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Survey at the end . . . Prize draw

What will be covered in this session •

Definition and purpose

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Types of impact assessment (IA)

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Indigenous peoples and IA

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Federal IA process

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What you can do to get ready

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Closing survey and prize draw

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Training opportunities

"a planning and decision-making tool used to assess the positive and negative environmental, economic, health and social impacts of a proposed project;

impacts to Indigenous groups and rights of Indigenous peoples”

Source: IAAC Overview of the Impact Assessment Act Level I Training

Federal

Harmonized

Provincial

Companymandated

On-Reserve

Indigenousled

1 - Planning and Issues scoping

5 -Monitoring

2 - Guidance

3 - Document impacts and mitigations

Foundations: •

Constitution Act (1982, Section 35)

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Various court decisions

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United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

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Principles respecting the Government of Canada’s Relationship with Indigenous Peoples (2018)

Mining activities • construction • operation • closure

Physical Environment

• Air • Land • Water

Biological Environment

Direct effects due to employment / procurement from the mine

• Animals • Plants • Fish

Example 1: Stk’emlupsemc te Secwepemc Nation •

Based on cultural laws / teachings / governance structures

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Cultural perspectives and knowledge

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Principle of walking on 2 legs (western and Indigenous information)

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Appreciates intergenerational impacts (and pre-contact past)

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In-depth examination of intangible impacts to spirit, cultural & immeasurable impacts lost in current IA process

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Informed consent

https://stkemlups.ca/

Example 2: Sufficiency of Resources Approach •

The identification of enabling factors required for rights-based practice to occur on land or in water (Gibson 2017)

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Example: Carrier Sekani Tribal Council

➢ good, safe and well known transportation routes ➢ Adequate experience of remoteness and solitude ➢ Faith in the quality of foods from the land ➢ Generally, the look, smells, tastes and noises of the environment stay the same over time http://www.carriersekani.ca/

Example 3: Wahgoshig First Nation •

Rights and values-based Framework ➢ WFN culture, traditions and how WFN uses land and their territory ➢ The natural environment ➢ WFN’s ability to earn a living and share benefits from activities in WFN territory ➢ WFN community well-being and safety related to impacts from potential Project spills and accidents

Indigenous / Rights-based IA

Typical Canadian IA

Context heavy

Context light

Continuity

Temporally restrictive

Interconnectedness

Discrete and partitioned

Qualitative richness

Quantitative and reductionist

Community-driven

Top-down, expert driven

There is a need for convergence . . .

Source: IAAC Overview of the Impact Assessment Act Level I Training

Canadian Context:

Inherent Rights

• Rights to land (title) • Rights to harvest resources e.g. hunting, fishing, trapping • Rights to self-determination and self-government • Rights to practice one's own culture and customs • Right to enter into treaties

• held by an Indigenous group • established through treaties or court cases (Slattery 2007)

Source: IAAC Overview of the Impact Assessment Act Level I Training

Purpose:

• • • • •

What is the project? Does the project need an IA? what are the issues and concerns? How will indigenous peoples and others participate? What needs to be assessed and how?

Key documents:

• • • • • • • •

Initial Project Description (proponent) Summary of Issues (Agency) Detailed Project Description (proponent) Public Participation Plan (Agency) Indigenous Engagement and Partnership Plan (Agency +) Impact Assessment Cooperation Plan (Agency +) Permitting Plan (Agency) Tailored Impact Statement Guidelines (Agency)

Timelines:

180 days

Indigenous participation:

• Review and comment on Initial Project Description • Work with Agency to prepare the Indigenous Engagement and Partnership Plan • Work with Agency to prepare the Tailored Impact Statement Guidelines

Purpose:

What are the impacts of the project? Determination if project will be assessed by Agency or Review Panel (45 days of Notice of Commencement)

Key documents:

• Notice of Commencement (start of IA timeline; Agency) • Impact Statement (proponent) • Notice of Determination (Impact Statement meets Guidelines; Agency)

Timelines:

Up to 3 years

Indigenous participation:

As specified in the Indigenous Engagement and Partnership Plan could include: • Review of Review Panel’s Terms of Reference (if Review Panel IA) • Community meetings and other consultation activities • Technical review of baselines • Creation of rights impact methodologies • Indigenous-led baseline studies • Indigenous-led impact assessment • Review of completeness of the IA

Purpose:

• Agency or Review Panel review of the proponent’s impact statement • Is the project sustainable? • How significant are the impacts on environment, health, economy, vulnerable people? • How significant are the impacts on indigenous rights, knowledge and culture? • What are the conditions of approval?

Key documents:

Impact Assessment Report (Agency, or Review Panel) Draft conditions of approval (Agency)

Timelines:

Up to 300 days (IA by Agency) Up to 600 days (IA by Review Panel)

Indigenous participation:

• • • • • •

As specified in the Indigenous Engagement and Partnership Plan Review of IA Report Review of summary of consultation Participation in Review Panel hearings Representation on the Review Panel Run your own impact assessment process (as agreed in the Planning phase)

Purpose:

Is the project in the public interest based on: • contribution to sustainability, • significance of impacts, • mitigation measures, • impacts on indigenous groups, and • ability for Canada to honor environmental and climate change commitments

Key documents:

Decision statement (Minister or Governor in Council)

Timelines:

90 days

Indigenous participation:

• Minister briefings to resolve issues as needed

Purpose:

• Where the predictions of impacts in the IA Report correct? • How effective are the mitigation measures? • What other measures need to be taken to protect the environment and communities?

Key documents:

• Follow-up reports (proponent or as specified) • Other reports as required in conditions of approval • Permits – federal and provincial

Timelines:

• Life of Project / Ongoing

Indigenous participation:

• • • • •

As determined in the Conditions of approval or agreements Monitoring / guardian initiatives Environmental decision-making committees Ongoing community consultation Review of permits

Source: IAAC Overview of the Impact Assessment Act Level I Training

Source: Aroland First Nation

• Negotiate agreements with proponent

to work with your community

• Prepare Consultation Policy/Communication • Discuss what would have to happen for the Procedures community to give consent to the project • Establish a vision for the future: land use plans, economic development, others

• Establish what a rights impact assessment might look like for your community

• Create partnerships with key industry players • Consider community members for committees or create your own and guardian responsibilities – ensure opportunities for training and skills • Document your knowledge base: Indigenous development land use maps, community profile • Discuss what thresholds would need to be • Regularly check the Impact Assessment reached to revise/rethink mitigation Agency website: https://iaac-aeic.gc.ca/ measures • Deliver cultural awareness training

1. Reconciliation is the basis of the IA Act process. 2. There are different types if IA, Indigenous people may choose to have their own or influence / collaborate with others. 3. Your community can take steps to get ready for IA.

4. Convergence of indigenous and ‘settler’ approaches to impact assessment and environmental stewardship – the opportunity is finally here, let’s do this together. 5. IA is a planning and decision-making tool, but is also an opportunity to assert and establish rights and jurisdiction.

Caroline Coburn 613-894-5296 caroline@odonaterra.com