North Boreal region under its Far North Planning initiative.(this is
more than simply an aspirational goal it is an endpoint).
2. Scientist, First Nation and Métis communities will collaborate to
map and permanently protect an interconnected network of conservation
lands across the Far North. ( As a matter of protocol I would have put
First Nations first to send the right message that this process will be
community led. Metis in the Far North?Huh?)
3.The McGuinty government will work with all northern communities and
resource industries to create a broad plan for sustainable development.
( Key phrase is broad plan, signals a framework agreement with NAN.)
4.As well, local plans will be developed in agreement with First
Nations. ( NAN communities either sign or opt in to larger framework
agreement [referenced above as the broad plan} and then individual
First Nations or groups of First Nations develop local/regional land
use plans. The key phrase here is "in agreement with First Nations". I
read this as with First Nation consent.
5. And new mining development in the Far North would require early
consultation and accommodation with local Aboriginal communities.
( I assume this means beginning at the early exploration stage, likely
post staking. Wondering how this interim measure will be regulated.
MNDM officials in the NAN bilateral could not figure a way to make this
so under current Mining Legislation. I guess Court of Appeal gave them
new insights. If Ontario continues with the positions they have taken
in their policy docs and in court and negotiations with KI on meaning
of consultation and accommodation we could be in for some tough
times.Not all First Nations want simply consultation and accommodation
, many want the right to say no, especially while planning is taking
place.
Comment on Ontario Backgrounder.
A, The Framework Agreement with Scientists, First Nations and Industry.
Later this year, we'll engage with First Nation and Métis communities,
northerners, the resource sector and scientists to create a broad
framework for our plan, which will be completed by the spring of 2009.
( Again Scientists first in the list signaling that scientists will
represent the larger public interest and perhaps be the stalking horses
of the environmentalists. Very ambitious time frame-spring 2009.
Industry( since it is the far North read mining) now gets a seat at the
table.A significant departure from the Ontario-NAN bilateral approach.
First Nations are no longer in a government to government set of
negotiations.
Land Use Planning Process.
B. Each year, a number of communities will complete these local plans.
To ensure proper planning and community input, new forestry and the
opening of new mines in the Far North would require community land use
plans supported by local Aboriginal communities.(Each Year? Pikanagikum
took 5 years I think to complete their plan. The key phrase is "land
use plans supported by local Aboriginal communities." I read this as
requiring community consent. Ontario may read differently.
C. Do the following phrases add up to First Nation consent? I report, you decide.
"a much greater say on the future of their communities and traditional
land"
"Planning at the community level will be a true partnership. Because
any decision on development has the greatest affect on communities,
local planning will only be done in agreement with First Nations."
( Very close. Might be too close to tell the difference given the
phrase "only done in agreement". My only concern is the phrase "a much
greater say". A say is not the right to say no.I give my kid a say, but
then Dad decides.
Comment. It looks very close to a First Nation veto on land use
planning/protection decisions, but no veto on mining exploration simply
consultation and accommodation.Of course there will be a First Nation
veto on a mine. But mines once found by exploration are hard to stop in
the poorest region in Canada.
D. Resource Benefits Sharing
D. We will create a new system of Resource Benefits Sharing and we will
consult with Aboriginal communities immediately on ways to provide
greater economic benefit to Aboriginal communities from resource
development. This fall, we will provide details on a down payment to be
made by the Ontario government towards Resource Benefits Sharing. ( I'm
not too keen on resource benefits as a phrase. But maybe First Nations
get resource revenues, an economic development fund and guaranteed
training and jobs[benefits].The idea of a "down payment" is simply an
act of early good will to get buy in.Once again we have no agreement on
the definition of how much pie will be shared and where the streams of
pie will originate.Government?Industry? Combination of both?
Immediately is a good time frame.Don't want to derail Ontario's last
best economic hope of mining in the face of S.Ontario
deindustrialization and the collapse of the forest industry in Northern
Ontario.
E.Reforming And Modernizing Ontario's Mining Act
Our plan will ensure that mining potential across the province is
developed in a sustainable way that benefits and respects communities.
We will ensure that our mining industry remains strong — but we also
need to modernize the way mining companies stake and explore their
claims to be more respectful of private land owners and Aboriginal
communities. The Ontario government believes exploration and mine
development should only take place following early consultation and
accommodation of Aboriginal communities.
To ensure that mining practices are up to date in the far North and
across the province, we will review the Mining Act.
Consultations will begin early next month. We will introduce
legislation in the upcoming session and new rules would be in place for
later next year.
(Modernize likely means phased in map staking( beginning in S Ont. and
consultation and accommodation with First Nations post staking.I would
say that infringements that trigger aboriginal and treaty rights and
hence legal obligations re consultation and accommodation begin
pre-staking at airborne, but Ontario sees it differently.And as we all
know the legal right to accommodation is not the right to say no and/or
a moratorium while land use planning is ongoing. The problem will be
how to reconcile disputes when no accommodation agreement is arrived at
with the First Nation. Likely Ontario will stay the course and put the
onus on the companies re consultation(only companies understand their
projects and can explain them to communities is the rationale for
making industry the pointy end of the consultation spear). Ontario will
try to make industry pay for the cost of consultation and compel them
to deliver the jobs, training and benefits of accommodation to
communities. And all this needs to get done by December 2009.Time to
start those First Nation line cutting companies.
