A fairer way to develop Canada’s natural resources
One of the litmus tests of Justin Trudeau’s pledge to renew Canada’s relationship with First Nations will be his handling of resource development.
The current flashpoints are pipelines and petroleum. But the issue is bigger than that. It encompasses minerals, forestry, commercial fishing, electricity generation and waste management. These industries account for 20 per cent of Canada’s gross domestic product. They all impinge on the rights, territories and way of life of life of aboriginal communities.
The only tool the federal government now has to reconcile these competing interests is a 40-year-old environmental assessment process, which is not meant for this. It was designed to identify and mitigate potential sources of pollution.
Over the past decade, in the absence of other forums, it has ballooned into a grievance-laden catch-all that sidelines First Nations, drags on for years and satisfies no one. It pits indigenous communities against corporate lobbyists, scientists, economists and prominent environmentalists who aren’t always on their side. Aboriginal leaders may not hear about a project until it’s too late to change its design or location. They often lack the technical knowledge to make their case effectively.
In frustration, they resort to roadblocks, protests, threats and litigation.
Trudeau will have to do more than untangle this mess to fulfil his commitment to treat Canada’s indigenous peoples as “full partners at those tables where shared decisions about the future of our country are made, from resource development to environmental stewardship.” He will have to go back to square one and carve out a central role for aboriginal communities in deciding how — and whether — Canada’s resources should be exploited.
Presciently, the Macdonald-Laurier Institute drafted a step-by-step workplan. The Ottawa think-tank, which specializes in resource management, just published a report titled “Protectors of the Land.” Its authors — a professor of environment assessment at the University of Saskatchewan and a chemical engineer whose PhD research is on aboriginal engagement — argue that it is possible to protect the ecosystem, honour its guardians and get projects moving. But it will take legislative reform, better training for aboriginal negotiators and a lot of bridge building.
“Tinkering with the current process will not fix all of the enduring challenges” say Bram Noble and Aniekan Udofia. “Before any particular project is being considered, the responsible government departments or agencies should be on the ground working with local communities to identify needs, opportunities and help set expectations. This should happen before project proponents enter the scene.”
The pair analyzed every major resource development proposal from the Mackenzie Valley pipeline of the 1970s to today’s Ring of Fire in Northern Ontario to come up with its prescriptions. Here are the steps Noble and Udofia recommend: The Canadian Environment Assessment Act should be amended, making it mandatory for the proponent of any resource development to consult any First Nation whose territory or residents will be affected.
Government, not industry, should be “the first boots on the ground.” Federal and provincial officials should go into an aboriginal community before any resource project is proposed, explain how the environmental assessment process works and how aboriginal leaders can get their people’s priorities on the table before the die is cast.
They should clarify what falls within — and outside — the confines of an environmental assessment. This entails providing more appropriate forums to talk about big-picture issues such as aboriginal rights, commercial development on traditional native lands and resource stewardship that lie beyond the purview of regulators.
Ottawa should insist on transparency. All documents should be public, all plans available, all side-deals between stakeholders known to everyone who testifies.
Resource companies and government should invest in training aboriginal negotiators. They need courses in land management, hydrology, economics and resource law.
In order to gain approval, resource companies should be required to provide post-project funding to affected aboriginal communities, allowing them a continuing say in the development.
This can’t all be done overnight. But the Liberals have four years and eight aboriginal MPs. They have — at least for now — the goodwill of First Nations. The minister of indigenous affairs and northern development, Carolyn Bennett, has 18 years of parliamentary experience and a strong commitment to aboriginal justice. And the prime minister has made it a priority.
No one wants another decade of head-butting. The Noble-Udofia plan may need refinements, but it would get the Trudeau government off to a promising start.
Environmental process pits indigenous communities against corporate lobbyists, scientists and economists