First Nations Voice

JULY 2015 • PAGE 5 ProudlyStanding withFirstNations Families Deanne Crothers MLAforSt.James 204-415-0883 DeanneCrothers.ca Greg Selinger MLAforSt.Boniface PremierofManitoba 204-237-9247 GregSelinger.ca Nancy Allan MLAforSt.Vital 204-237-8771 NancyAllan.ca Tom Nevakshonoff MLAforInterlake 204-664-2000 TomNevakshonoff.ca Kerri Irvin-Ross MLAforFortRichmond 204-475-9433 KerriIrvinRoss.ca Sharon Blady MLAforKirkfieldPark 204-832-2318 SharonBlady.ca Ron Lemieux MLAforDawsonTrail 204-878-4644 Ron-Lemieux.ca Ron Kostyshyn MLAforSwanRiver 204-734-4900 RonKostyshyn.ca Melanie Wight MLAforBurrows 204-421-9414 MelanieWight.ca Clarence Pettersen MLAforFlinFlon 204-687-3367 ClarencePettersen.ca Dave Chomiak MLAforKildonan 204-334-5060 DaveChomiak.ca Flor Marcelino MLAforLogan 204-788-0800 FlorMarcelino.ca Amanda Lathlin MLAforThePas 204-623-2034 AmandaLathlin.ca united nAtions decLArAtion on the riGhts of indiGenous PeoPLe Bill Gallagher commentary for First Nations Voice Strategist-lawyer-author: Resource Rulers: Fortune and Folly on Canada's Road to Resources June has been an amazing month for those who track the rise of native empowerment in the Canadian resources sector. The need for reconciliation with Indigenous Peoples has witnessed a remarkable convergence of informed commentary from Pope Francis, Chief Justice McLachlin, and the Truth and Reconciliation Commission. Here's the TRC's main recommendations that reference the UN declaration as a way forward in promoting reconciliation: 43. We call upon federal, provincial, territorial, and municipal governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation. 44. We call upon the Government of Canada to develop a national action plan, strategies, and other concrete measures to achieve the goals of the United Nations Declaration on the Rights of Indigenous Peoples. In fact, Canada has already adopted UNDRIP but with the important qualification that it be treated as an 'aspirational' document. Remarkably, the TRC Commissioner gave this concept back- handed support when he said to CBC's Peter Mansbridge on the roll-out of the TRC's 94 recommendations "We agree with that - but now Canada needs to aspire to it" (June 01 2015 Commissioner Murray Sinclair answering Peter Mansbridge's assertion that 'Canada did adopt it but as an aspirational document'). The Globe & Mail ran a full page editorial linking TRC and UNDRIP to the main event in the news (that I follow) being 'access to resources'. It highlighted the UNDRIP clause that calls for 'free prior and informed consent' saying it's obvious empowerment connotation is problematic to Canada's economic development: "Another fraught area is economic development. Article 32 appears to say that indigenous peoples have to give consent to the use of their lands. But in Canada, the extent of a community's lands is not always clear. In recent years the Supreme Court of Canada has recognized aboriginal title, but not as an absolute right. There can be an "infringement" if there is a "compelling and substantial public purpose." That's far from precise, but at least it attempts a balance. Would adopting UNDRIP alter that balance?" (excerpt Globe & Mail editorial June 20 2015) In plain English it comes down to whether natives can veto a proposed resource project. This week in Quebec, a major mine is going ahead based upon the James Bay Cree giving their consent in a formal legal document posted on the internet for all to see: 1.12 CONSENT OF THE CREE PARTIES Within the scope of the rights of each Party and of Applicable Laws, the Cree Parties consent to the Éléonore Project in accordance with the terms of this Agreement. (excerpt Collaboration Agreement May 08 2015 Éléonore mine) It would appear that this indeed is an easier way to access resources (by negotiating consent) other than by litigating, or worse, by meeting headlong on the road to Rexton. The Globe & Mails editorial, after saying that the native-side 'sentiment is entitled to respect' closes by warning that UNDRIP 'may only make a damaged relationship even worse'. I'm in the news for having tracked the native legal winning streak in the Canadian resources sector that at the moment is at #209. The latest causality on the road to resources is Strateco's Matoush uranium mine in the same Cree territory where evidently native 'consent' will not be forthcoming. This week Strateco won a court mandated order for creditor protection. The headframe is built, the ramp sunk, the Cree remain opposed, and Strateco's stock value (at time of writing) is one cent. Disclosure: the author was instrumental in helping resolve access to resources issues in the Voisey's Bay mine conflict; Inco requested and ultimately earned the consent of Innu Nation and Labrador Inuit. 43. We call upon federal, provincial, territorial, and municipal governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation. 44. We call upon the Government of Canada to develop a national action plan, strategies, and other concrete measures to achieve the goals of the United Nations Declaration on the Rights of Indigenous Peoples.

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