Indigenous Advisory and Monitoring Committee (IAMC): Trans-Mountain (TMX) Line Wide Gathering Environmental Justice Breakout Session Summary

Environmental Justice Breakout Session Summary

Context

On June 20, 2024, Bill C-226 - – An Act Respecting the Development of a National Strategy to Assess, Prevent and Address Environmental Racism and to Advance Environmental Justice (the Act) became law. Through the Act, the Minister will develop, within two years, a national strategy to promote efforts across Canada to advance environmental justice and to assess, prevent, and address environmental racism. The strategy could include measures such as possible amendments to federal laws, policies, and programs. The Minister will also report on progress every five years thereafter.

The Act reflects the Government's commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples, which will be implemented in consultation and cooperation with Indigenous Peoples. To meet the obligations of the Act, the initial strategy must demonstrate an approach that is consistent with the Government of Canada's framework for the recognition and implementation of the rights of Indigenous peoples.

Overview

Environment and Climate Change Canada (ECCC) is developing policy on environmental justice and racism. ECCC participated in the Indigenous Advisory Monitoring Committee (IAMC) Transmountain Expansion and Existing Pipeline Line Wide Gathering. The event took place in Kelowna, British Columbia, from November 12 to 15, 2024.

ECCC participated by hosting three breakout sessions over two days. These sessions gave participants different times to take part and share their thoughts. The breakout sessions raised awareness about the development of a national strategy. The sessions gave space for Indigenous rights-holders to share their views. Participants discussed how engagement should occur and how to conceptualize environmental justice and racism. These sessions were not part of a formal consultation process.

What’s next

ECCC recognizes that the IAMC is not a formal consultation body. ECCC is continuing to engage with partners to prepare for future engagement and consultation. Consultation, as required under the Act, is still in its early stages. ECCC has started conversations with National and Regional Indigenous Organizations.

During the Environmental Justice breakout sessions, those who took part highlighted the need to work together early on. These early discussions will focus on creating a plan to engage Indigenous Peoples. The plan will recognize the heavy burden that consultation places on Indigenous rights-holders. It will also ensure they have enough time and space to participate. This would include:

ECCC will develop an Indigenous-focused strategy on a separate timeline from the national strategy for the general population. Sharing clear information and materials helps communities get involved in environmental issues in a meaningful way
The initial strategy and engagement will reflect Indigenous perspectives, including those shared during IAMC sessions. However, a more tailored strategy that is meaningful for Indigenous Peoples will take time to develop

ECCC values the perspectives shared during the IAMC environmental justice breakout sessions. These insights will help shape early approaches to Indigenous engagement and consultation. We welcome input if the summary below does not reflect what was shared.

Combined breakout session summary

About 30 people attended the environmental justice breakout sessions. They brought a wide range of backgrounds, skills, and interests. Those who took part included Band Council members, technical staff, and coordinators responsible for community consultation.

Individuals raised several key themes during breakout session discussions and Slido activities.

Theme 1: Jurisdictional Challenges

Community members often raised concerns about jurisdictional challenges. These included the difficulty of navigating different consultation and engagement approaches across various levels of government. They also pointed to rights-based issues linked to the Indian Act, such as being excluded from consultation requirements
Individuals were curious about how different governments will be involved in creating the national environmental justice and racism strategy. They also wanted to know how those governments will help implement it. They asked how the strategy will address the unique needs of communities that cross provincial or international borders. It was explained that the Act is federal, so the strategy will focus on national-level actions. Still, there is hope that other governments will want to take part
Groups shared concerns about Indigenous Peoples being left out of regulatory spaces. They also noted that Indigenous knowledge and on-the-land experience are often not included in regulation and enforcement activities

Theme 2: Data Challenges and Opportunities

Groups said it was hard to get good, easy-to-use data. Signaling that there were gaps in the data used to make environmental decisions. They also said current data often leaves out Indigenous Peoples and that industry doesn’t always share enough information about operations, incidents, or pollution
Community members shared that community-led data collection is a valuable opportunity. This includes studies and baseline assessments led by Indigenous communities in both marine and land areas. These efforts support Indigenous ownership of data and reflect local knowledge and priorities

Theme 3: Experiences of Environmental Racism

When talking about experiences of environmental racism, individuals shared concerns about not having access to clean drinking water. They also spoke about being unable to access their traditional territories. They shared concerns about conservation efforts led by colonial governments that leave out Indigenous Peoples’ traditional knowledge. Groups also highlighted:

That environmental justice issues are deeply connected for Indigenous Peoples. Impacts on the land and environment affect many parts of life, including ceremony, traditional practices, language, education, and law. Recognizing these connections is part of what’s called “recognitional justice”
The significance of Indigenous Peoples’ inherent and treaty rights—not just those under section 35 of the Constitution. Environmental racism was described not only as racial discrimination, but also as a form of rights discrimination
Coastal communities shared concerns about marine activities. They talked about how industry affects important species, food and water sources, and their cultural and spiritual connections to the ocean.
Experience of not being properly consulted in environmental decision-making. Community members talked about times when their input was ignored. They also said that the combined effects of different activities were not fully considered

Theme 4: Engagement and Consultation

Community members wanted to know how engagement and consultation will be set up to support Indigenous rights-holders. They were interested in how these activities will make it easier for Indigenous Peoples to take part. They emphasized the need to consider the resources communities require to participate
Communities face challenges with internal capacity, including limited funding, not enough staff, and too many engagement requests from governments. Groups stressed the value of building long-term capacity within communities, including sustainable funding to support meaningful engagement and consultation

In sharing best practices, groups emphasized:

Meaningful engagement often happens in person, within communities, and in culturally respectful ways. This requires planning and ongoing resources to support respectful participation, such as providing honorariums and hospitality
It’s important to reach interested community members, including leaders, so they can take part in engagement and consultation processes
Engagement should be transparent and co-developed. Indigenous rights-holders need to clearly understand how their input was used—or why it wasn’t
Working groups that include multiple Nations can be an effective way to address shared priorities and concerns.
Sharing clear information and materials helps community members take part meaningfully in environmental issues

Annex 1: Slido Results

Slido is a tool that helps people take part in meetings and events. It lets participants share feedback, including anonymously.

The following includes the exact responses shared by participants using the Slido tool. ECCC officials made minor spelling corrections when the meaning was clear.

Question: In your own experience, what does environmental racism look like? How would you describe it? Does your community have specific experiences with environmental racism?

Responses:

Toxicity and pollution on shellfish beaches from offsite sources; Ecosystem degradation and destruction from forest industry activities impacting culturally important species, food and water sources
Yes, decisions are made daily without our consent, nor with consultation with our Nation that impact our territories and us; about our lands, waters, below the surface, to the sky and everything in between
My reservation is on a river system that has been deemed non navigable which excludes it from certain protections and excludes the system from receiving access to funding; 54 communities up stream dump their effluent into the system; Blue green algae has become an increasing problem since the 1970’s

Question: What makes engagement easy or meaningful for communities, without creating additional burden? What has worked? What hasn’t?