regional session ii treaty 8 first nations of alberta joseph jobin director of livelihood treaty 8...

Regional Session II

Treaty 8 First Nations of Alberta

Joseph JobinDirector of Livelihood


02.17.2011 For Informational Purposes ONLY T8FNA 1


Mandate:TO PROTECT, PROMOTE, BRING TO LIFE, IMPLEMENT AND SUSTAIN THE TRUE SPIRIT AND INTENT OF TREATY No. 8 AS LONG AS THE SUN SHINES, THE GRASS GROWS AND THE WATER FLOWS . Adopted by a Quorum of Treaty 8 (Alberta) Chiefs on June 15, 2009


Values/Guiding Principles:LIFERESPECT FOR EACH OTHERRESPECT FOR AND BEING PART OF THE LANDOUR ABILITY TO USE OUR LANGUAGE

Treaty 8 Alberta Chiefs Position Paper on Consultation


• Submitted on September 30, 2010 to Prime Minister Stephen Harper, Premier Ed Stelmach, Minister Len Webber

• cc’d to all Alberta Ministers• Signed by 21 First Nations of 24 in Treaty 8

(Alberta) September 20, 2011

Process / Timeline

• Elders, Chiefs and technicians from Treaty 6, 7 & 8 met on:– April 12 – 14, 2010– August 24 - 25, 2010

• Elders, Chiefs and technicians from Treaty 8 met on:– June 2 - 4, 2010

• Raw notes/comments were compiled and formed basis of draft versions

• Robert Freedman (JFK) and Clayton Leonard (MLT) drafted and advised on legality


Treaty No. 8 is the foundation of our

relationship with the Crown


Position Paper Objectives

• Set out common consultation objectives, interest and principles including:– Livelihood participation– Greater participation in decision making

• Discuss concerns with Alberta’s current approach (16 concerns in Appendix A)

• The core elements of a new, mutually developed, approach (Appendix B)


Key Consultation Objectives

• To maintain and protect our way of life including history, culture, language, tradition and economy which are connected to our lands

• To ensure that capacity and opportunity to build, enhance and maintain a strong culture, language, traditions and economy connected to our lands, our inherent and Treaty rights



• To ensure the security and protection of our constitutionally-protected rights – and that we have a meaningful opportunity to exercise those rights now and into the future

• To ensure the meaningful participation in decision-making processes related to the planning and management, use and disposition of lands and resources throughout our traditional territories



• To ensure that we have an equal opportunity to share in the wealth of the Province

• To Enable First Nations to attain and maintain a level of economic, social and political self-sufficiency


General Concerns with Alberta Approach

1. Alberta has too narrow a view of First Nations’ rights

2. Alberta’s approach to consultation lacks precision

3. There are no standards against which to assess consultation and accommodation

4. Alberta has failed to recognize and implement Duty to Accommodate



5. Alberta delegates substantive aspects of project specific consultation to industry

6. Environmental Assessments and similar processes are developed without the participation of First Nations

7. Consultation must be structured on a government-to-government basis

8. The capacity to consult is a persistent hindrance to meaningful consultation



9. There is a general lack of clarity regarding what role First Nations input should have

10. Consultation occurs on a project-by-project basis, devoid of critical information about cumulative impacts on First Nations’ rights

11.Consultation rarely , if ever, occurs at the strategic planning stage

12. There is a Duty to Consult in relation to Private Lands



13. The Duty to Consult and Accommodate applies to decisions that affect Reserve Lands

14. Municipal decisions and actions can impact First Nations’ rights

15. Alberta has an obligation to be forthright about consultation

16. Alberta must be flexible and conduct itself honourably with respect to Traditional Territories and Traditional Knowledge


Suggested Approach to Consultation

• Recognizes that some First Nations have already developed their own consultation protocols

• Will differ based on nature of the project or issue in question, the degree of potential impact on First Nations’ rights and the interests and concerns of the particular First Nation


Negotiating Process

• Chiefs of Treaty 8, Government of Alberta, Government of Canada, and Industry

• Create an agreement that is jointly developed


•Treaty No. 8 is the foundation of our

relationship with the Crown


regional session ii treaty 8 first nations of alberta joseph jobin director of livelihood treaty 8...

Documents

informational purposes

treaty rights

alberta approach

language slide

intent of treaty

quorum of treaty

nations of alberta mandate

t8fna5 slide