10) FIRST NATIONS "DEEPLY DISTURBED" BY ENVIRONMENTAL REVIEW CHANGES
The B.C.-based First Nations Leadership Council has issued an open letter to Natural Resources Minister Joe Oliver, condemning the Harper government's "Responsible Resource Development Plan". Announced on April 17, the policy gives the federal government sweeping powers to fast-track projects at the demand of resource monopolies.
The Open Letter reads:
We are writing with respect to your government's shocking announcement to completely gut the environmental assessment process. We are gravely concerned with this announcement to eviscerate the process for environmental review on resource development projects after the changes lay waste to the credibility of the process. These environmental laws and the associated processes do not replace the judicially‑recognized and constitutionally‑protected Aboriginal Title, Rights and Treaty Rights but there are vital parts of the Crown's relationship with First Nations. Fundamental changes to the environmental assessment process and other environmental protection laws can only be
undertaken with meaningful consultation with First Nations. We urge the federal governmental to work with First Nations to improve environmental protections rather then weaken them with the reduction of assessment timelines and the reduction of required organizations responsible for such reviews.
First Nations have legal and constitutionally protected rights and responsibilities to protect their traditional territories and all that this encompasses, and are not merely stakeholders in resource development projects. Both domestic and international law recognize the importance of Indigenous Peoples' relationship to resources and all activities that take place on our traditional territories.
A recent report by the United Nations Committee on the Elimination of Racial Discrimination emphasized the need for Canada to include Indigenous peoples in decision making, recommending that Canada "Implement in good faith the right to consultation and to free, prior and informed consent of Aboriginal peoples whenever their rights may be affected by projects carried out on their lands, as set forth in international standards and the State party's legislation." Further, the United Nations Declaration on the Rights of Indigenous Peoples sets out in Article 26(1) that "Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied, or otherwise used or acquired." We fully expect Canada to uphold its commitment to this important international doctrine.
We remind you that the Crown cannot legislate itself out of its duties to consult and accommodate First Nations. With upcoming projects that require further review such as Taseko Mines Ltd's Prosperity Mine, expansion of the Kinder‑Morgan pipeline, Enbridge Northern Gateway Project as well as other resource development projects, the Federal government must engage in good faith and meaningfully consult with First Nations. Removing or weakening environmental reviews for projects will only result in greater uncertainty and heightened conflict on the land.
We are keenly aware that the British Columbia government is simultaneously working to create regulations to exempt some so‑called "low‑risk activities" from the requirement to hold a Mines Act permit. The regulatory changes to the Mines Act were set out in Bill 19, which was introduced on November 14th and rushed through the House to receive Royal Assent on November 24th, the last day that the Legislative Assembly sat in 2011. We wish to put you on notice that we are monitoring the dovetailing approaches taken by both the provincial and federal governments to categorically erode the approval process for environmental projects in favour of industry and in complete disrespect for Aboriginal Title and Rights and Treaty Rights.
Again, we are deeply disturbed by these developments and we urgently request a meeting with the First Nations Leadership Council to further discuss how these proposed changes to the environmental assessment process and other environmental protection laws will impact on the Aboriginal Title, Rights and Treaty Rights of First Nations in BC.
The letter was signed on behalf of the First Nations Summit by Grand Chief Edward John, Chief Douglas White III Kwulasultun, and Dan Smith; on behalf of the Union of BC Indian Chiefs by Grand Chief Stewart Phillip, Chief Bob Chamberlin, and Chief Marilyn Baptiste; and on behalf of the BC Assembly of First Nations by Regional Chief Jody Wilson‑Raybould.
(The above article is from the May 1-15, 2012, issue of People's Voice, Canada's leading communist newspaper. Articles can be reprinted free if the source is credited. Subscription rates in Canada: $30/year, or $15 low income rate; for U.S. readers - $45 US per year; other overseas readers - $45 US or $50 CDN per year. Send to People's Voice, c/o PV Business Manager, 706 Clark Drive, Vancouver, BC, V5L 3J1.)