Building a First Nations Environmental Review Process g a First

Building a First Nations
Environmental Review Process
A Partnership Project of Nadleh Whut’en, Nak’azdli and
Takla Lake First Nations
Project Sponsored by the New Relationship Trust,
Trust 2009
GOALS
To build a First Nations Environmental Review Process framework that can
be implemented by the three partner First Nations in dealing with major
project developments within the traditional territories.
To increase capacity at the community level to understand the current
government environmental assessment processes,
ocesses, Aboriginal consultation
case law, and other First Nations’ best practices.
To draw on the experiences of the three partner First Nations in past
environmental assessments including the Kemess North Joint Review
Panel process, the PNG KSL Pipeline environmental assessment.
To inform current environmental assessments affecting the partner
nations including the proposed Mt. Milligan (Shus Nadloh) Copper-Gold
Copper
Mine, and the proposed
oposed Enbridge Northern Gateway Pipelines.
NEED FOR A FIRST NATIONS
IONS ENVIRONMENTAL REVIEW
R
PROCESS
First Nations have questioned the legitimacy of provincial and federal
environmental assessments through major court cases, direct action, and
participation under protest.
Some First Nations have been pro-active
active in developing community-driven
community
processes that respect Aboriginal rights and title, but these have not been
recognized by the two levels of government.
Both provincial and federal environmental assess
assessment processes rarely
reject projects once they have entered the process.
First Nations are at a severe disadvantage in participating meaningfully in
environmental assessment. Government lacks the funds to support
meaningful consultation, and industry capa
capacity funds are tied to
supporting the project.
WE NEED REAL COMMUNITY DECISION MAKING
PROCESSES TO PROTECT OUR LAND AND RIGHTS
PRINCIPLES OF THE FIRST NATIONS
ENVIRONMENTAL REVIEW PROCESS
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Respect for, implementation and enforcement of
First Nations traditional laws and legal principles.
Implementation of shared decision-making
making, as
committed to in the New Relationship Accord
between the BC First Nations Leadership Council
and the BC Provincial Government.
Implementation of the principle of free, prior, and
informed consent,, as outlined in the United Nations
Declaration on the Rights of Indigenous Peoples.
Articulation of and respect for First Nations’
Sustainability Criteria by which projects should be
assessed. Promoting First Nations’ concepts of
sustainability - providing economic and social
benefits now, without compromising the ability of
future generations to benefit from the
environment.
FIRST NATIONS
ENVIRONMENTAL
REVIEW PROCESS
FRAMEWORK
Two Main Options:
METHODOLOGY
The Project Team comprised
compris of lands and environment
staff from the three partner First Nations undertook the
following activities to produce the First Nations
Environmental Review Process Framework:
1. Synthesis of Existing Documentation from First
Nation Partners
2. Research on Other First Nations Experience in
Environmental Assessment Processes
3. Community Input on First Nations
Environmental Review Process
4. Draft Framework for First Nations
Environmental Review Process
5. Present Framework
ramework in Community Meetings for
Final Review
6. Finalize Framework and Communications Plan
7. Complete Training and Implementation Plan
FIND OUT MORE
1. Parallel First Nations Environmental Review
Process: A separate community-driven
driven process
with the proponent that does not rely on the Crown
for engagement, consultation and accommodation.
2. Integrated Environmental Assessment: Negotiated
government-to-government
government Aboriginal
Aborigina rights and
title process before First Nation agrees to
participate in environmental assessment.
We are interested in sharing our findings with other
First Nations and people interested in environmental
assessment reform in BC. Our Pr
Pr0ject Team is available
to make presentations on our work. For more
information contact:
First Nation involvement and review begins with
Feasibility Studies,
dies, and continues through to
Assessment, Decision-Making and Post--Decision
follow-up (approval or rejected).
Tara Marsden, Project Lead
Nadleh Whut’en First Nation
T: 778-416-3351
E: [email protected]
ORDER A COPY OF OUR REPORT
PARTNER WITH OUR PROJECT