While B.C. slogs through reforms to comply with a United Nations resolution on Indigenous rights, the private sector has been quietly embracing the benchmarks of its own accord.
B.C. lawyer Merle Alexander said he had worked on two deals between First Nations and resource companies in the past year, both complying in large part with the UN Declaration on the Rights of Indigenous Peoples, which B.C. committed to adopting in 2019.
Alexander, who acts as general counsel to the B.C. Assembly of First Nations and also represents a number of individual First Nations, said the B次元官网网址減re-complianceB次元官网网址� deals involved a mining firm and an LNG industry group.
B次元官网网址淭hose industries are making significantly more progress than the public process,B次元官网网址� said Alexander, who is a member of the Kitasoo XaiB次元官网网址檟ais First Nation. B次元官网网址淏ecause, in a way, itB次元官网网址檚 sort of simpler because itB次元官网网址檚 a bilateral process, and thereB次元官网网址檚 usually only a few parties involved in, say, an impact-benefit agreement negotiation.B次元官网网址�
He said he canB次元官网网址檛 disclose the participants in the projects on confidentiality grounds.
But last June, the Tahltan Nation, the province of B.C. and Vancouver-based Skeena Resources reached a historic, consent-based agreement that made the Eskay Creek gold and silver mine the first project to have permits authorized by a First Nation government.
Nalaine Morin, SkeenaB次元官网网址檚 vice-president of sustainability and the former lands director at the Tahltan Central Government, said the mining company had already been working with the First Nation for years on collaborative consent-seeking, laying the foundation that made the agreement possible.
In January, the three parties came together again to sign a process charter for the approval process of Eskay Creek. The charter establishes the Tahltan Central Government as a key player in environmental assessment and permitting.
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Obtaining free, prior and informed consent of Indigenous communities regarding the use of their lands is a cornerstone of UNDRIP.
B次元官网网址淭hat was basically from Day 1, B次元官网网址� said Morin, who is a Tahltan Nation member. B次元官网网址淭hey signed some of the first agreements B次元官网网址� exploration agreements, communications agreements B次元官网网址� with the Tahltan Central Government,B次元官网网址�
Morin said Eskay Creek is a redevelopment project of a B次元官网网址渂rownfieldB次元官网网址� site occupied by a previous mine, which came with pre-existing permits and an environmental assessment certificate. Skeena only needed to amend the permits to redevelop, but a consent-based agreement needed a new, full environmental assessment to be completed.
B次元官网网址淪keena agreed to do a full environmental assessment,B次元官网网址� Morin said. B次元官网网址淭hey could have done an amendment B次元官网网址� I see the work that we are doing today and into the future as redefining what constitutes sustainable mining in Tahltan territory.B次元官网网址�
With Morin now a Skeena executive, she said the inclusion allows the Tahltan community to control the scope of projects involving its resources and lands like never before.
B次元官网网址淚 think we are going to end up with a project that is mindful of a lot of the values and the needs that Tahltan have as we design the project,B次元官网网址� she said. B次元官网网址淲hereas, quite often, nations have to do that work after the fact. They receive the application to review. We are following a specific process that is inclusive of these principles.B次元官网网址�
Skeena isnB次元官网网址檛 alone. Brian Sullivan, CEO of Conuma Resources based in Tumbler Ridge, B.C., estimated that more than 50 per cent of his duties now involve working on compliance with UNDRIP, First Nations communitiesB次元官网网址� interests and regulatory compliance.
Conuma, which operates three coal mines in northeastern B.C., works closely with four First Nations because its mines operate on Treaty 8 land, referring to territory covered by the 1899 agreement.
Sullivan said Conuma has impact-benefit agreements with all four nations it works with, but the company has been moving away from those types of deals because they are seen as B次元官网网址渢he bare minimumB次元官网网址� for a company.
Instead, Conuma has now appointed an executive full time to Indigenous affairs who sits on an expenditure board that represents First Nation interests for every capital spending item involving the company.
B次元官网网址淲ithout that fundamental respect from the starting point, we donB次元官网网址檛 have that licence to operate in the Treaty 8 territory,B次元官网网址� Sullivan said. He added that B次元官网网址渨e recognize that we have a period of stewardship on that land and that it takes the co-operation of the resource companies, and the nations, and the regulators in order to do it correctly.B次元官网网址�
Alexander said that business interest B次元官网网址� namely, revenue B次元官网网址� is a key reason private adoption of UNDRIP outpaces that of the provincial government.
By getting ahead of regulators in reaching deals with Indigenous governments, companies can speed up processes and prevent costly delays or other disruptions.
B次元官网网址淭he companies are doing it for self-interest because they donB次元官网网址檛 want to be dictated (to),B次元官网网址� Alexander said.
B次元官网网址淐ompanies that have that sort of intelligence and foresight are just sort of rethinking what they need to do more (of) in exchange for a much higher level of legal certainty.B次元官网网址�
Alexander said that in contrast, changing entire suites of laws involving multiple stakeholders across society takes time.
The province has long indicated it would like to reform the Mineral Tenure Act B次元官网网址� which determines where mining can take place in B.C. B次元官网网址� to comply with UNDRIP. Alexander said he was hopeful that process will only take another year or so to complete.
But he said B.C. has hundreds of statutes to look through, and only eight to 10 have been modified to be consistent with UNDRIP, with another 42 B次元官网网址渋n play.B次元官网网址�
B次元官网网址淚B次元官网网址檓 not optimistic that it will be a fast process,B次元官网网址� he said of full UNDRIP adoption by the province. B次元官网网址淚 am hopeful mostly because, in a way, First Nations themselves are just very strong advocates for their own rights. Like, I am optimistic and knowledgeable that we will achieve the legal reform that weB次元官网网址檙e seeking.B次元官网网址�
Morin agreed, saying that momentum is now on the side of more UNDRIP adoption.
B次元官网网址淚 think itB次元官网网址檚 always important to be mindful of our changing landscapes,B次元官网网址� she said. B次元官网网址淏ut right now, we are supportive of, and feeling very positive about, the success we have achieved to date B次元官网网址� And as our team continues to grow, the team is of a similar mindset. ItB次元官网网址檚 a really cool place to be.B次元官网网址�
Chuck Chiang, The Canadian Press
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