Transcript CURRENT ISSUES IN ABORIGINAL LAW
Alberta’s First Nations Consultation Guidelines on Land Management and Resource Development
Presented by Graham Statt A/Executive Director International, Intergovernmental and Aboriginal Relations September 2007
Alberta Context
Alberta in the strongest growth ever 230,000 + active dispositions for resource development 17,000 - 20,000 dispositions/year 100 million acres of Crown land 47 First Nations in 3 treaty areas
Recognized Rights
“The existing Aboriginal and Treaty rights of the Aboriginal peoples of Canada are hereby recognized and affirmed” Section 35, Constitution Act, 1982 Supreme Court of Canada decisions
Strengthening Relationships: Alberta’s Aboriginal Policy Framework (2000)
Alberta’s Duty to Consult
Crown has a duty to consult Only procedural aspects may be delegated Alberta’s role: support, guide, review proponent-led consultation Crown has authority to judge consultation, approve/deny projects
Alberta’s Policy to Consult
Recognizes duty, outlines principles Potential for adverse impacts triggers consultation process Consult before decisions are made Two years, hundreds of meetings
Alberta’s First Nations Consultation Policy on Land Management and Resource Development
May 16, 2005
Guidelines Development
Cross-ministry team Consultation Policy May 2005 Draft guidelines framework Dec 2005 Final framework, 1 May 2006 st draft guidelines Final guidelines Sept 2006 Information sessions 500 participants
Guidelines Implementation
Staff orientation and training sessions Staff knowledge survey
Fast Facts
Issues management strategy Guidelines Annual Quality Assurance Assessment
Guidelines Overview
Duty to Consult Practical, efficient process Delegate procedural aspects – Assessment and Notification – Consultation Procedures Adequacy review Decision making Department specific approaches www.international.gov.ab.ca
Best Practices
Site visits Community meetings
Best Practices cont.
Cultural awareness training
Best Practices cont.
Pre-application consultation Business, employment and training Built by joint-venture company “Log Technologies Inc.” owned by Chip Prairie First Nation and EnCana
Best Practices cont.
Long-term relationship building Community investment
Outcomes Alberta Policy & Guidelines
Avoid and mitigate impacts to rights and traditional uses Engagement in decision making earlier in process Opportunity for resolution of issues Effective resource development Increase certainty for all parties Manage legal risk
First Nations Consultation
Capacity Investment Program
Core funding program based on area’s resource activity $6.6 million annually Designated First Nations’ consultation office with hired staff Regional Capacity Coordinators Regional Consultation Tables
Government Information Sessions
Traditional Use Studies Initiative Traditional Use Studies Initiative – $9 million over 3 years
First Nations Economic Partnerships Initiative (FNEPI) Designed to increase First Nations participation in the economy by: – Supporting partnerships between First Nations, industry, GOA and stakeholders – Strengthening First Nations economic capacity – Assisting in the development of a viable First Nations private sector
Aboriginal Community Link
Guidelines Annual Quality Assurance Assessment
Four aspects: 1. Written/verbal feedback 2. Web-based survey 3. Focus groups (industry/government) 4. First Nations, through third-party consultant
First Guidelines Revision
Feedback, first season, six themes A. Consultation Fees B. Clarity C. Key Concepts D. Data Driven System E. Capacity F. Communication Guidelines revised by October 2007
Unresolved Issues
Trilateral process to discuss, resolve: – timelines – notification – capacity Unresolved broader issues affect consultation process – appropriate mechanisms for issues unrelated to consultation
Future of Consultation in Alberta
Monitor implementation closely Discharge duty to consult Remain responsive to change Resolve issues in a timely manner Increase capacity Regulatory or legislative changes Begin work on Métis consultation Review Policy in 2009 Take a proactive approach
Contact Information www.international.gov.ab.ca
– Policy and Guidelines – Frequently Asked Questions – Fast Facts on Consultation – Capacity and Economic Development
Grant programs
– Consultation Contact Information for First Nations and government