First Nation collaboration required in developing Canada’s energy supply
By Joey Krackle
The Assembly of First Nations (AFN) met with Canada’s Premiers on July 15, 2015 with the objective of furthering progress towards a Nation-to-Nation relationship.
AFN leadership specifically asked that “All provinces and territories commit to establishing bilateral processes with First Nations to monitor and ensure that the Crown’s consultation, accommodation and consent are met; and the inclusion of First Nations in discussions with the federal Crown to identify mechanisms required to ensure Crown duties to consult, accommodate or seek consent are fully met” according to the AFN submission entitled, Seeking Reconciliation, Advancing First Nation Well Being and Human Rights, July 15, 2015.
In addition to a Nation-to-Nation relationship, AFN leadership stressed the importance of the commitment to environmental stewardship by requesting a commitment to protecting the lands, waters and the environment.
Presently there are three major applications and or court challenges to build major energy pipelines in Canada. These pipelines include: the Northern Gateway; the Kinder Morgan and the Trans Canada East. The federal government has jurisdiction for energy transportation between provinces and the provinces have jurisdiction over natural resources and movement within their boundaries.
Canadian Premiers released the Canadian Energy Strategy on July 17, 2015 demonstrated their commitment to strengthening the economy, creating jobs, and ensuring a secure supply of energy innovation and addressing climate change
The Policy states: “Canada’s energy future will require a diverse portfolio of policies that send a strong long-term signal across the economy to enhance energy efficiency, lower our carbon footprint and support the technological innovations required to drive these priorities. Premiers agree on the importance of transforming how we use and produce energy with cleaner and more sustainable approaches, which is part of governments ‘broader economy-wide approach in addressing climate change.”
Respect for Section 35 rights guaranteed in the Constitution is one of the principles of this strategy. Its introduction makes reference to working with Aboriginals among others to achieve its goals. The strategy states “:Through working with other governments, Aboriginal communities, industry, researchers, and other organizations, energy will be further developed in an environmentally and socially responsible manner, our resources will get to the people that rely on them, and the changing conditions of the energy sector will be addressed well into the future.” This strategy also commits to “Share knowledge between provinces and territories on the regulatory system to ensure the Crown respects the duty to consult.”
The federal government released the Eyford Report on Aboriginal Interests and West Coast Energy Infrastructure in December 2013 to advise the Harper government on its approach to pipeline development. The Eyford Report concluded that;
“Aboriginal communities hold constitutionally protected rights. The law requires potential impacts on those rights to be taken into account in project development. The Failure to do so may result in projects being delayed or not proceeding. “
His report further stressed:
“Aboriginal Canadians understand the value of the proposed energy projects to their communities. However, they emphasize that environmental sustainability and prevention of significant environmental harm are necessary conditions for their support: conditions that many believe will not be met. Aboriginal Canadians also expect long-term economic benefits for their communities and a meaningful role in project-related activities including environmental monitoring and protection.”
It appears that there is much need and room for further collaboration on energy development in Canada. The APTN news of July 21, 2015 featured an interview with a spokesman for BC First Nations who alleged that Enbridge filed a document in the Canadian Federal Court of Appeal alleging that that the company had obtained First Nation support along the pipeline route. This First Nation spokesman alleged that BC First Nations, both coastal and interior groups, did not provide broad support for Enbridge.
First Nation leaders, federal and provincial government collaboration is required to ensure that the rules for future energy development meet Section 35 guarantees and provide equitable benefits for First Nation citizens.