FORGING PARTNERSHIPS BUILDING RELATIONSHIPS,

ABORIGINAL CANADIANS AND ENERGY DEVELOPMENT

23 January 2014 Douglas R. Eyford

PRESENTATION TO BC CONSTRUCTION ROUNDTABLE

TOPICS FOR DISCUSSION

What are best practices for First Nations consultation and engagement

Do First Nations want equity ownership, contracting, and employment opportunities

What is the role of industry when the Crown is not able or willing to invest necessary efforts with First Nations

OVERVIEW

Why do Aboriginal rights have special status in Canada

Why is BC different from other jurisdictionsMandateKey issuesWhat happens next

WHO IS THIS MAN

Royal Proclamation 07 October 1763

And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds.

ABORIGINAL RIGHTS

Survived European settlementCalder v. British Columbia (Attorney

General), [1973] S.C.R. 313Guerin v. Canada, [1984] 2 S.C.R. 335Constitution Act, 198235(1) The existing aboriginal and treaty

rights of the aboriginal peoples of Canada are hereby recognized and affirmed

Haida Nation v. British Columbia (Minister of Forests), [2004] 3 S.C.R. 511

WHY IS BC DIFFERENT

Relationship between Crown and Aboriginal peoples unique

Lack of historic treaties in provinceMore than 200 Indian Act bandsReserves account for less than ½ percent of

land mass in province

MANDATE

How will projects affect Aboriginal interestsAboriginal interests in pipeline and marine

safety issuesEmployment and business opportunities for

Aboriginal CanadiansEnvironmental and socio-economic factors

that may affect Aboriginal participation in projects

MANDATE cont….

Geographic scope – Alberta and British Columbia

289 meetings48 First Nations communities28 Aboriginal organizations16 project proponents29 government departments and agencies25 individuals and groups

MANDATE cont….

Interim report to Prime Minister, July 2013Final report to Prime Minster, December

2013

WHAT DO BC FIRST NATIONS WANT

Recognize Canada’s role in promoting projects of national importance

Interests and objectives must be met if projects are to proceed

Projects undertaken in an environmentally sustainable manner

Involved in project planning and decision making

Linked to broader reconciliation agendaRecognition of unextinguished aboriginal

rights

Key Issues

The scope and content of the Crown’s duty where deep consultation is required

Territorial overlap disputes

Duty to Consult and Seek Accommodation

• Cases to be approached individually

• Crown must demonstrate flexibility• Are regulatory processes adequate to

discharge duty

• Role of industry

• Role of Aboriginal groups

Territorial Overlaps

The challenge of resolving territorial disputes

Strength of claim analysis

Encourage Aboriginal initiatives to resolve disputes

WHAT HAPPENS NEXT

Declining U.S. demand for Canadian oil and natural gas

Rapidly expanding opportunities for energy exports overseas, particularly in Asia

Pipelines and terminals needed to deliver landlocked oil and natural gas to tidewater

Two proposed oil pipelinesFour proposed natural gas pipelinesSeveral proposed LNG facilities in Kitimat and

Prince RupertHow will aboriginal interests be addressed

THANK YOU

Report available at:http://www.nrcan.gc.ca/sites/www.nrcan.gc.ca/files/www/pdf/publications/ForgPart-Online-e.pdf