Aamjiwnaang developing consultation protocol

By Colin Graf

AAMJIWNAANG FIRST NATION — Citizens are working to expand their ability to protect the environment and influence new building and development across a vast area of southwestern Ontario. Revising and simplifying the First Nation’s consultation protocol should enable the Chief and Council to be more effective and achieve more efficiency in the consultation process, says Sharilyn Johnston, Aamjiwnaang’s Environmental Coordinator.

Aamjiwnaang citizens rolled up their sleeves and got to work at a recent meeting on revising the multi-step consultation process, as outlined for them in a 23-box flow chart.  The process, in use since 2011, may be more complex than is needed, according to Johnston.  “We need some efficiency now” in order to allow community officials to meet timelines for their recommendations to the province and to developers.

The duty to consult First Nations covers Aamjiwnaang’s traditional territory, stretching from the Lake Erie shore south of Windsor, eastward to Woodstock and north along the Lake Huron shore, including the cities of Sarnia, London, Windsor, and Chatham.   While recognizing the community doesn’t get information on everything that requires a municipal building permit, consultations from local governments are “starting to come in,” says Johnston.

In explaining how the process works, she cites an application by a quarry owner outside of Windsor, who is applying to the province for a permit to take water.  She told citizens the response from Aamjiwnaang might state the company should take steps to avoid animal road kills during the work, rebuild any natural habitat areas for wildlife, and replace vegetation and plants, preferably with native species from the First Nation’s greenhouse.  All responses to developers always make it clear the response does not mean the community is giving up title to the land, she explained.

Consultation with First Nations has become much more meaningful and complex in recent years, says Aamjiwnaang Councillor Darren Henry.   He says industries in the collection of oil refineries and chemical plants surrounding Aamjiwnaang often submit developments to the community for consultation.  “There was a time when an administrator in the (Chemical) Valley could see me in Harvey’s, tell me what they were going to do, and check off a box on a form claiming to have consulted the First Nation,” he recalls for Anishinabek News. The system in place today “allows us to look at what is impacting us over a large area in detail.”

The recent meeting was a chance for the community to contribute opinions on how consultation should take place, according to Henry.  For instance, decisions need to be made about when in the process Chief and Council should take part, and at which steps the community should be informed and asked to give opinions, said Johnston.

In the past, consultation was limited to matters that were felt to have a direct impact only on the current Aamjiwnaang territory, says Johnston,  but “effects spread easily from one area to another,” so the community now has the power to say “pay attention, you have affected our way of life.”

Sometimes, consultation results in direct benefit to Aamjiwnaang.  A project to help restore access to the St. Clair River for members is being funded by money from the group managing the harbour at Goderich, ON, around 120 km. north of the First Nation, but still within the community’s traditional territory.  Since the harbour managers informed Aamjiwnaang about plans to extend their harbour, word passed on to Fisheries and Oceans Canada, which requires developers to make up for any reduction in fish habitat their work may cause.  As compensation, the company contributed $72, 475 to help Aamjiwnaang with the shoreline softening, which will also improve fish habitat.

The sheet metal pilings at the river’s edge are being replaced with two tiers of stone, grass, and aquatic plants that will naturalize the river bank, making access easier and more pleasant for people.  It will also provide a natural route for wildlife such as mink to come to the river to fish, she says.  A planned groyne extending into the river will also improve habitat for fish in the river, as they rest or spawn in eddies the pier will create.  The work should be completed later this year.