What We Heard Report
Engagement on Crown-Indigenous Collaboration in Federal Impact Assessment

February 2019- February 2020

Acknowledgements

The Impact Assessment Agency would like to thank all First Nations, Métis, and Inuit peoples who participated in workshops and engagement sessions across the country, as well as for welcoming federal officials on their traditional territories, including them in sacred ceremonies, and for sharing their wisdom, stories, advice, and sacred knowledge.

In particular, we would like to recognize the contributions of national and regional Indigenous organizations who assisted during this process and/or organized regional workshops, including:

The Assembly of First Nations, the Assembly of First Nations Alberta Association, the Assembly of Manitoba Chiefs, the BC First Nations Energy and Mining Council, the Federation of Sovereign Indigenous Nations, the First Nations Major Projects Coalition, the Institut de développement durable des Premières Nations du Québec et du Labrador, Matawa First Nations Management, Métis National Council, Métis Nation of Ontario, Metis Settlements General Council, Mi’gmawe’l Tplu’taqnn Incorporated, Mi’kmaq Confederacy of Prince Edward Island, the Tsimshian Environmental Stewardship Authority (represented by the Gitxaala, Kitsumkalum, Kitselas, Gitga’at, and Metlakatla First Nations), and Wolastoqey Nation in New Brunswick.

Introduction

This report provides a summary of what was heard during a national engagement process undertaken between February 2019 to February of 2020 to support policy work by the Impact Assessment Agency of Canada (IAAC) related to cooperation and collaboration with Indigenous peoples during federal impact assessment (IA) processes. The results of the engagement process also continue to inform ongoing and future work related to the development of policy and regulatory options for the s.114 Indigenous cooperation agreement regulations by considering input from Indigenous nations and communities seeking a larger leadership role in IA.

The engagement sessions included technical discussions related to the implementation of the new Impact Assessment Act, and were intended to support the Government of Canada’s collaborative approach to development of impact assessment policies and guidance. Opportunities to collaborate with the Agency already exist throughout the IA process, and include activities such as carrying out Indigenous-led studies and drafting parts of key IA reports.

The national engagement process included over a dozen sessions (see Annex A). The Agency worked in partnership with regional Indigenous organizations across the country to hold workshops to seek Indigenous peoples’ views on collaboration in federal IA.

This report summarizes what was heard from Indigenous organizations, representatives, and communities. The report is organized around two central themes: capacity building and collaboration throughout the IA process.

1 Who We Heard From

Over a dozen engagement sessions on Crown-Indigenous Collaboration and Participation in the Impact Assessment process were held across the country. Participants included leadership, and members of Indigenous communities, National and regional Indigenous Organizations. A list of the engagement sessions held between February 2019 to February of 2020 can be found in Annex A.

2 What We Heard

During our engagement, we heard experiences and perspectives on principles and best practices to support the development of policy related to Crown-Indigenous collaboration in impact assessment.

This report is organized around three main themes that arose during the engagement sessions:

  1. Capacity building: Capacity building is required to support Indigenous peoples in engaging in all steps of the process.
  2. Collaboration throughout the IA process: Government representatives must take time to build relationships with Indigenous people and communities. This requires transparency, open communication, and engagement that is ongoing and meaningful.
  3. Respect for Indigenous rights, jurisdiction, and stewardship: Opportunities for collaboration and for Indigenous leadership exist throughout the IA process, and the recognition of Indigenous rights needs to be at the forefront of any IA.

2.1. Capacity building

Participant Funding

In order to participate meaningfully, funding should be made available to allow communities to prepare for engagement, as well as during the early stages of project reviews and regulatory decisions. Indigenous communities require funding to cover site visits for Elders, Indigenous knowledge holders and other community members.

Ongoing Capacity Building

Ongoing operational funding, and a coordinated government approach to funding, would assist communities in building and sustaining capacity. Indigenous communities should receive funding that allows capacity to reach a level that ensures that communities are able to engage on both project and non-project specific matters (such as training on the assessment process more broadly).

Indigenous communities need to have the means to be able to keep up with engagement requests from government and proponents, and to be able to engage with them in the early stages of any assessment on equal footing.

Indigenous communities also require adequate resources to be able to consider leading assessments, or parts of the process. This includes the capacity to be able to hire their own specialists (i.e. lawyers, biologists, mappers, etc.), the capacity to engage and consult with their community, and the capacity to conduct their own technical and legal reviews of government materials.

Local communities should have access to employment opportunities that relate to the conduct of assessments in research, project administration, finance, community liaison roles, review panels, community engagement, as well as in management positions.

We also heard that Indigenous communities require funding to create or co-create their own policies and protocols on collaboration and partnerships.

2.2 Collaboration throughout the IA process

Relationship Building

We heard about the importance of meaningful engagement and relationship building with Indigenous communities. It was raised that there has been a lack of meaningful consultation at both provincial and federal levels of government, leading to mistrust in the assessment process. Government officials at all levels must work to build relationships and trust with communities. Government officials who will be engaging with Indigenous communities should have received cross-cultural training on western and Indigenous approaches to impact assessment. Relationship building takes time. Consideration must be given to the time needed for meaningful consultation and for Indigenous communities to participate in the process. Historically, the amount of time needed by Indigenous communities has not coincided with government timelines. Proponents and governments also need to spend time on the land with land users to foster understanding and respect. These types of land-based engagement activities must be ongoing and meaningful to build relationships.

Engagement and partnership planning requires bilateral agreements outlining roles and responsibilities. Collaboration should occur throughout the assessment process, from concept stage to project end of life. Indigenous communities should have access to credible, reliable, trustworthy sources of information to make informed decisions. Furthermore, governments need to work to ensure consistent understanding and implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

Transparent Communication

Indigenous communities stressed the importance of transparent communication. The assessment process – including pre-engagement, engagement, and follow-up – must be clearly communicated. To be accessible to all members of the community, reports should use plain language and be available in the communities’ language(s).

Community Involvement

Community involvement is central to the discussion of engagement. Workshop participants continually reinforced the importance of involving all community members in the process. Dialogue and participation must involve all community members; inclusion needs to go beyond those in leadership positions to include land users, hunters, trappers, gatherers, and fishers. There was also an emphasis on the importance of including youth, women, and elders in the process.

2.3 Respect for Indigenous rights, jurisdiction, and stewardship

Opportunities for Indigenous Leadership

Opportunities for Indigenous leadership exist throughout the IA process. Indigenous communities expressed interest in being supported to develop their own IA processes. Key interests include Indigenous-led assessments, and directing studies to contribute to assessments. If a community is uninterested or unable to take the lead on the entire assessment, they may still be interested in leading certain components of the process.

If a community is a proponent themselves, the assessment may involve a third party. Indigenous Impact Assessments should be given the same weight as federal impact assessments with consideration for the unique Treaty and Aboriginal rights of the group. Indigenous communities should have the ability to set conditions of project approval and lead monitoring activities and enforcement. There was a suggestion for the formation of an organization or council with the ability to undertake work in parallel to the Agency to ensure protection of Indigenous rights and interests.

Role in decision-making (recognition of inherent jurisdiction and as stewards)

Throughout the workshops, we heard that communities need support to understand how their governing bodies can collaborate with the federal government during IA. Additionally, hereditary and elected systems need time to come together and identify opportunities for collaboration. Throughout the process, there needs to be clear distinction between reserve land, treaty land and traditional territory to ensure that the honour of the Crown is upheld throughout the process and that the rights of Indigenous peoples are protected and respected. In addition, governments must recognize traditional territories and ensure that the recognition of Indigenous rights is at the forefront of any impact assessment.

Participants also emphasized the need for the Agency to respect their inherent jurisdiction, Indigenous decision-making, and for Indigenous communities to collaborate as equal partners with the Crown in working with proponents.

Annex I: Summary of Engagement on the Crown-Indigenous Collaboration in Impact Assessment

Dates

Location

Partner Indigenous Group / Organization

February 12, 2019

Thunder Bay, ON

Matawa First Nations Management

March 6, 2019

Merritt, BC

BC First Nations Energy and Mining Council

March 26-27, 2019

Saskatoon, SK

Federation of Sovereign Indigenous Nations

March 28-29, 2019

Enoch, AB

Assembly of First Nations Alberta Association

April 3, 2019

Edmonton, AB

Métis Settlements General Council

April 24, 2019

Musqueam Territory (Vancouver, BC)

BC First Nations Energy and Mining Council

May 16-17, 2019

Prince George, BC

First Nations Major Projects Coalition

May 21-22, 2019

Winnipeg, MB

Assembly of Manitoba Chiefs

June 17, 2019

Prince Rupert, BC

Tsimshian Environmental Stewardship Authority (Participating member nations: Gitxaala, Kitsumkalum, Kitselas, Gitga’at, and Metlakatla)

June 18-19, 2019

Moncton, NB

Wolastoquey, Mi’gmawe’l Tplu’taqnn Incorporated, Mi’kmaq Confederacy of PEI

November 25-26, 2019

Muncey, ON

Chippewas of the Thames First Nation

December 3-4, 2019

Wendake, QC

Institut de développement durable des Premières Nations du Québec et du Labrador

January 15, 2020

Edmonton, AB

Métis Settlements General Council

January 25, 2020

Toronto, ON

Métis Nation of Ontario

February 13-14, 2020

Regina, SK

Metis Nation - Saskatchewan

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