Aboriginal Law Bulletin --- "Update Part Two February 1994: Aboriginal Peoples and Mining in Canada" [1994] AboriginalLawB 10; (1994) 3(66) Aboriginal Law Bulletin 15

• Update-Part Two February 1994
• Aboriginal Peoples And Mining In Canada
• Aboriginal Minerals Industry Issues: Brief Overview
• Aboriginal Sector Policy Development: Process

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Update - Part Two

February 1994

Aboriginal Peoples and Mining in Canada

In light of continuing antagonism of important segments of the mining industry in Australia to the recognition and protection of native title, it is instructive to learn of recent developments in Canada in exploring for common ground.

Set out below are the introductory sections of a draft paper entitled, "Whitehorse Mining Initiative - Issues and Recommendations to increase Aboriginal Development in the Minerals Industry". The draft paper was developed in consultation with the Canadian Aboriginal Minerals Association; Assembly of First Nations, Inuit Tapirisat of Canada, Native Council of Canada, Metis National Council and Nunavut Territory.

Aboriginal Minerals Industry Issues:
Brief Overview

Relations between the mining industry and Aboriginal peoples in Canada have ranged from poor to nonexistent. Mineral exploration and development have occurred in many parts of Canada on lands where Aboriginal peoples have maintained a use, affinity for the land, and occupation for thousands of years. Aboriginal Communities have depended on the land for a warehouse of goods such as wildlife, plants, water and air for survival. In the past, mineral activity has disrupted the traditional lifestyle of many Aboriginal peoples to a point where there are few traditional economic opportunities available for the Community.

Where mineral exploration and mining have occurred near a Community, Aboriginal peoples have not been consulted nor invited to participate in environmental and infrastructure planning. In addition, Aboriginal peoples have not received cash compensation, been included in business opportunities, nor been offered opportunities for quality training and quality employment. Similarly, environmental organizations do not consult Aboriginal peoples. In many cases, environmentalists' lack of respect for Community economic development goals and objectives hinder Community well being and economic growth.

Mining companies mine the minerals, vacate the land and leave Aboriginal peoples with a landscape that is uninhabitable due to the poor environmental management practices and lack of understanding of the importance of holistic management.

Through participation in the Whitehorse Mining Initiative (WMI), Aboriginal peoples have an opportunity to seek widespread consultation, share information (particularly the aspirations of Aboriginal peoples)and present key issues to all stakeholders. The WMI process will identify recommendations and solutions to bind and improve relations between the Aboriginal peoples and the minerals industry, for the present and future generations. This paper describes the WMI Aboriginal Sector consultation process and derived issues and recommendations.

Aboriginal Sector Policy Development:
Process

Background - In September 1992, at an annual conference of federal and provincial Mines Ministers held in Whitehorse, Yukon, the Mining Association of Canada proposed a consultative initiative in which industry, governments, Aboriginal organizations and labour organizations would work together to develop a new strategic vision for the Canadian mining industry for the 21st century. Since that time, a Working Group, comprising stakeholders, was established to implement the initiative. Four issue groups were also developed to address the following areas of concern: workforce/workplace; environment; finance/taxation; and land access. Aboriginal groups participate in all issue groups due to the importance of all issues for Aboriginal Community development.

Considering the broad range of issues that must be addressed and the need to involve Aboriginal peoples throughout the process, the Working Group allocated a working budget of $235 000 to the four Aboriginal political organizations to cover coordination and consultation costs. Due to the very broad and dispersed constituency of Aboriginal groups, internal costs of coordination and consultation are essential if a consensus on issues is to be reached.

Current commitments will allow the WMI to operate into the spring of 1994. The prime objective for the Aboriginal participants is to develop a consensus on issues and recommendations so that all Working Group participants are consistent in their approach to making recommendations to the Leadership Council in September of 1994.

An attempt was made to present the issue [of a relationship between Aboriginal communities and mining] in a general sense. Some communities may have resolved issues and perhaps may serve as models in proposing recommendations.

Aboriginal consensus will be obtained through consultation with regional leaders and Aboriginal organizations and through input of all four Aboriginal organizations. This position paper (Policy Paper) is a summary of all the issues and recommendations based on the input of the Aboriginal organizations. All Aboriginal Working Group members, Aboriginal Issue Group participants and consultants will receive final versions of this document. Aboriginal participants and consultant(s) will table "Policy Paper" issues through Issue Group and Leadership Council forums.

The priority behind the development of a policy paper as part of the WMI process was to document the barriers for greater Aboriginal participation in all aspects of the minerals sector. This was accomplished through widespread consultation and literature review. The Canadian Aboriginal Minerals Association made available background papers on issues that were brought to their attention by . Aboriginal groups throughout Canada. This list formed a base on which issues were built and recommendations developed.

Aboriginal leaders through consultation with the Community made recommendations enhancing the role of the mining industry in these areas: community socio-economic development; industry business opportunities; legislation; Aboriginal employment; Aboriginal education training needs; and integration of Aboriginal and private sector attitudes to environmental management, land management and business development.

Recommendations involving all stakeholders are proposed. This paper contains recommended roles and functions for all parties, mineral companies, governments and Aboriginal communities.