true north solution

“We are at a crossroads in the North. We have got to get it right, we will not repeat past mistakes, a big part of getting it right is with the provincial government, they can work with us or against us.”

Chief Charlie O’Keese. Eabametoong First Nation. Northern Ontario 2004

A Strategy for an IntegratedLand & Resource Management Plan

The growth of public participation in major resource-based decisions is one of the

salient policy developments of the last years of the twentieth century. Public participation

promises to be an essential component of resource development projects in the age of new

legal requirements. The competence with which participatory issues are handled will make the

difference between successful resource development or development that either fails and/or

leaves in its wake a large number of dissatisfied constituents.

Resource development within Northern Ontario is not a new phenomenon. What is

new, however, is the increasing number of First Nations that are currently engaged in develop-

ing and implementing strategic plans in order to deal with these multi-sectoral challenges and

opportunities. This planning is territorial in nature. These First Nation communities are strug-

gling with a steep learning curve with respect to the complexities involved in forestry opera-

tions, mineral exploration and mining, consumption based tourism, energy initiatives including

generation, transmission, and utility services, commercial fishing, and infrastructure develop-

ments, to name a few. In addition, First Nation communities are now being forced to look

beyond their reserve boundaries and traditional land use areas in order to deal with unique First

Nation issues such as overlapping traditional territories and differing uses of the land.

What is becoming increasingly apparent and of concern is the heightened attention by

multinational corporations to the resource development potential within Northern Ontario,

combined with previous provincial initiatives that did not a take a comprehensive approach to

the multi-sectoral activities in Northern Ontario and more specifically, in the Far North

(generally speaking, north of the 50th parallel). This existing disconnection between First

Nations, the province and stakeholders is problematic. A regionalized approach to land and

resource management planning has not been, but should be, given due consideration.

This discussion paper’s primary purpose is to stimulate the broader discussion among

provincial line-ministries in order to give serious thought to the possibility of an integrated

regional framework. In other words, the starting point for the development of a dual strategy of

community-based engagement and regional planning.

page 1


There have been a number of engagement processes by the previous provincial govern-

ments that attempted to provide site specific planning from individual ministries. These isolated

bureaucratic approaches have never attempted to collaborate with First Nations at the commu-

nity level to benchmark minimal standards for community engagement. In fact, if one reviews

past and current documents related specifically to ‘Aboriginal consultation’, one can find

conflicting ministerial recommendations to specific activities and varied suggested processes.

No ministry has successfully developed a collaborative position with First Nation communities

in the Far North to accommodate multi-sectoral planning initiatives, let alone recognizing

interrelated intricacies and cumulative impacts.

For those of us who have dealt with First Nations’ opportunities and issues with respect

to resource development projects, we can speak with authority as to the level of complexities

around First Nations initiatives and the challenges in dealing with different ministries and

governmental agencies. Moreover, the various agreements between the provincial ministries

and First Nations, once signed, have had different interpretations. This really highlights the

need for a more focused inter-ministerial collaborative approach with First Nations communi-

ties. In addition, there is now a growing paradigm shift among the leadership of First Nations,

particularly in the Far North, to be dealt with directly by provincial ministries and not have their

community interests and projects mediated through either a Provincial Territorial Organization,

Tribal Council, or any other organizations, unless specific community direction is given. The

issues related to First Nations development projects are much more practical in nature and do

not directly concern Aboriginal and Treaty rights per se, even though, these rights are implicit in

this document and do underpin such discussions. There is a growing position amongst the

communities that Aboriginal and Treaty Rights, while being protected, should not hinder the

development of a ‘new approach’ and ‘new partnership’ between First Nations and Province of

Ontario. This is a window of opportunity that should not be overlooked and missed.

page 2


The above list of First Nations activities are being conducted by rural and remote communities in Northern

Ontario; while the various initiatives by the province are being conducted through several line-ministries’ departmental

heads. The present provincial approach is un-coordinated and disjointed for a Far North multi-lateral engagement.

An initial review would indicate that there are numerous efforts of “Aboriginal consultation” activities being

undertaken within all levels of the provincial government. However, their approaches are often different and

sometimes, act at cross-purposes. The crucial difference in the approaching of First Nations by most ministries has

more to do with style than with substance, more to do with competing strategies than with aligning goals. The main

disadvantage to this mode of operation has been the lack of a consistent set of principles, and the sharing of best

practices and possible alternatives across line ministries.

The following are concrete examples of some current activities in Northern Ontario. We have identified the

range of resource development activities currently being undertaken within Northern Ontario, which are enormous and

multifaceted. A more structured and integrated approach to land and resource management planning in Northern

Ontario, specifically in the Far North, should be the operating principle. One of the essential elements for the coordina-

tion of the multiple, and sometimes, divergent interests in the Far North, is a regional planning structure and process

that could be housed in some form of a Northern Authority.

page 3


Forest Management Planning

Water Management Planning

Hydro Site Allocation Policy Development

Wind Site Policy Development

Mineral Policy Development

Environmental Assessments

Provincial Park Legislative Review

Memorandum of Cooperation Initiatives

Aboriginal Policy Framework Development

New Energy Legislation/Regulation Development

Northern Boreal Initiative

Hydro One Remote Communities Initiatives

Northern Development Councils

Resource/Revenue Sharing Bill 97

Mandate Review of NOHFC

Bi-lateral Table Development

Land Use/Values Mapping

Hydro Sites Assessments/Development

Wind Sites Evaluations/Development

Sunken Log Recovery

Eco-Tourism Development within provincial park

Water Management Plan Reviews

Provincial Gird Line Extension Studies

Winter Road Realignment Planning

All-Weather Permanent Road Studies

Great Lakes Charter Review

Northern Boreal Initiative Inventory Collection

Tourism Development

Prospecting/Exploration

Line Cutting/Surveying

Mine Servicing Contracts

Diesel Generation Hybrid Systems Feasibility Studies

Ontario-Manitoba Interconnect Pre-Feasibility Study

Partnership discussions for existing generation upgrades

Municipal Alliance Formations

1. Improved integration of social, cultural, environmental, and economic goals into resource management

decisions. A regional planning structure and process should be created to address the continuing challenge of striking the

appropriate balance between the economic development of Crown land and the protection of First Nation traditional land

uses and practices in Ontario’s Far North.

2. Better alignment with First Nations’ strategic plans and government regulations and policies with a focus on

sustainable development. A First Nation-driven planning structure and process can assist in streamlining ministries’

policies and programs as it relates to resource development in Ontario’s Far North. There are opportunities for a more

collaborative approach with provincial ministries as it relates to First Nations resource-based initiatives.

3. Stronger emphasis on First Nation services and inter-agency cooperation. Coordination of strategies and the

development and implementation of an integrated, sustainable resource management and planning framework that would

include socio economic impact assessments to help facilitate greater cooperation among provincial resource management

agencies as well as establish a single, integrated regulatory process to support First Nations’ development plans in Ontario’s

Far North.

4. Improved resource-information services. There is growing public demand for accurate and timely resource informa-

tion that is integrated with First Nations traditional land uses and practices. The demand varies widely between different

types of users in terms of their location, the types of information required and the way it will be used. This has a strong

implication in how First Nations should provide such information. A regional planning structure and process would build

partnerships with other agencies to gather sectored information and develop an arrangement with First Nations for

traditional land uses and values mapping. New electronic web applications make it easier to provide information for land

use planning and resource allocation.

5. A more conducive environment for First Nations’ economic and resource development opportunities. Assist First

Nations to achieve economic goals, while reducing the risk of investment uncertainty as it relates to aboriginal and treaty

rights concerning natural resources and land uses.

If one steps back to look at history, one would find that securing the province’s frontiers in its formative

decades often required anticipatory action. Planning was the principal tool. The critical distinction from past planning

exercises and contemporary processes is the element of public participation. There is a need for a multi-ministerial/First

Nation examination of the scope of activities undertaken under the ‘consultation’ rubric as it relates to First Nations in

the Far North. The main reasons for such an examination are to reduce agency isolation, assess regional priorities,

review decision-making processes, and jointly define a First Nation engagement table for streamlining the regulatory

processes/approvals and for developing formal means of arriving at regional joint decisions with First Nations for the Far

North.

In optimistic pursuit of their vision, First Nations in the Far North are confronted by a number of challenges

and opportunities, which would form the Far North planning context for affected First Nations in the future.

The following is what has been identified as needing further progress:

page 4


Goal 1: Inter-Organizational Excellence.

Demonstrate visionary leadership and effective partnership through collaboration with provin-

cial agencies. Create a communication strategy with First Nations and their subsidiary support

services with respect to land and resource management planning processes

Goal 2: Sustainable development of land and resources.

Resource-based economic opportunities supported through land and resource plans, improved

tools for balanced land and resource decisions, and effective participation for First Nations,

while promoting cultural and environmental stewardship.

Goal 3: Sound governance of integrated land and resource management.

Streamlined policies and regulations to guide land and resource management planning, and to

ensure that Crown land and resource decisions are informed by First Nations’ interest, and to

jointly develop guidelines for the implementation of a sustainable resource management

framework.

Goal 4: Effective delivery of TEK-integrated, science-based land, resource

and geographic information.

Integrate Traditional Ecological Knowledge with land and resource information to ensure

traditional land uses and values are integral with land and resource management plans.

Develop a resource-information warehouse and rationalize and consolidate registry systems

and resource inventories.

Goal 5: First Nations Engagement

Develop an engagement protocol that is acceptable at First Nation community level.

GOAL 6: Capacity Building

Develop the necessary infrastructure and competencies for First Nation land use planning and

negotiations based at the community level.

Goal 7: First Nations/Provincial Negotiations

Develop an approach for resource-sharing.

page 5



From a developmental perspective, a Far North regional planning table is desirable

because it can serve the following ends:

• Increase credibility to provincially regulated processes

• Reduce conflict among competing interests/agendas

• Optimize inter-ministerial collaboration

• Sharing of bureaucratic expertise

• Reduce any resource duplication for consultation

• Facilitate governmental accountability

• Increase local First Nations and public acceptances of decisions reached

• Contribute legitimacy to outcomes

• Raise First Nations’ membership awareness (public education)

• Greater First Nations’ support for provincial initiatives

• Reduced First Nations’ resistance

• Foster a sense of empowerment in First Nations’ membership

• Opportunity for capacity building and continuous learning

• Quicker, clearer, better balancing of bureaucratic and community responses

• Overall positive rapport and ongoing goodwill

• Investment certainty for industry

page 6


Given the above list of provincial initiatives, the following is a suggested integration of

current priorities into a regional planning table:

ONAS’s New Approach to Aboriginal Affairs: A regional planning table would be part of the

provincial government’s overall ‘new approach’

MNDM’s Northern Development Councils: The Far North Northern Development Council would

complement, if not assist, in the creation of a regional planning table.

Liberal’s True North Document: A regional planning table would create the ‘new partnership’ and

‘increase participation’ by First Nations

Bill 97 First Nations Resource Revenue Sharing Act: A regional planning table could replace the

NDP’s private member’s bill in order to provide a joint forum in order to commence a more

realistic and clearer dialogue on resource sharing.

A Review of Ontario’s Protected Areas Legislation: Given the fact that most new parks were created

in the Far North without First Nations’ consultation, a regional planning table would guide First

Nations’ input in Park Management Plans

Ontario-Manitoba Interconnect Pre-Feasibility Study: A regional planning table would facilitate

the complex negotiations and consultations with First Nations

Energy Site Allocation Policies: First Nations still face marginalization because of the unwillingness

of the Province to consider First Nations as developers. A regional planning table could be used

to address policy adjustments that would better reflect First Nations opportunity through a

resource sharing formula.

Mineral Policy: The fact that northern Ontario has the highest geological potential, a regional

planning table would jointly develop and promote a protocol with the mining industry.

page 7


Michael Fox TEL:(807)474-1546Email: [email protected]

Mike RaeTEL: (807) 344-4575CELL: (807) 476-5577Email: [email protected]

• Recognize all values

• Help to achieve cultural ‘peace of mind’

• Encourage economic self-reliance

• Provide certainty for investment opportunities

• Maximize partnership opportunities (First Nations government and industry)

Current rules of engagement dramatically differ among all interested parties. In addition,

the non-functional approach of the existing one-dimensional viewpoint by most governmental

agencies has little place in a complex set of resource-based activities in the Far North. This

path-finding approach is, we believe, the required first step to flesh out a plan for sustainable

resource development within a cooperative framework.

It cannot be stressed enough that good integrated structure and effective organization

is required for the process that will eventually oversee strategic level land use planning for First

Nations and the provincial government in Ontario’s Far North.

Disclaimer: This paper was written based on the experiences of the authors as Northerners and in no

way can it be construed as a First Nation position paper. The individual First Nations maintain the

right for direct engagement at community level with the Province of Ontario based on their Aboriginal

and Treaty rights.

The need for the development of an integrated land and resource management plan-

ning exercise with substantial First Nation involvement is clearly articulated in this document.

The creation of a bi-lateral, inter-ministerial, and multi-sectoral Land and Resource

planning process would:

page 8

WE SHOULD DO THIS

true north solution

Documents