Thank you, Madam Chair.
Thank you very much for inviting us here today to discuss Bill C-69.
I would like to start by recognizing that we are on the traditional territory of the Algonquin Haudenosaunee and Anishinabek peoples.
My name is Andrea Hoyt. I'm the environmental assessment manager with the Nunatsiavut government, and I work out of our Makkovik office.
The Nunatsiavut Government is the regional Inuit government established through the Labrador Inuit Land Claims Agreement. The Nunatsiavut Government is currently in the midst of a general election. That is why our minister cannot appear before you today and has sent me in his place. The Nunatsiavut Government has jurisdiction in relation to the environmental assessment of projects on Inuit-owned lands in northern Labrador and a role to play in environmental assessment of projects in the Labrador Inuit settlement area, outside Labrador Inuit lands, as well as projects that occur outside our settlement area that have impacts on our rights and territory.
We have participated in the processes and procedures leading up to the introduction of Bill C-69, including providing comments on the Government of Canada's discussion paper in response to the final report of the expert panel on the review of environmental assessment processes.
The Nunatsiavut Government's understanding of Bill C-69 leads us to believe that we have not been heard or that the Government of Canada has not accommodated our concerns. I am here today because the Inuit of Nunatsiavut believe that you will hear them and amend this bill in order to do what is right.
Our greatest concerns, and those on which we focused our written submission, include the necessity to provide for free, prior, and informed consent of indigenous peoples for projects that affect them; mechanisms for harmonization to achieve the goal of one project, one assessment; sustainability and how that ties to the public interest; and the way that the legislated planning phase is articulated or not in the act.
The Nunatsiavut Government wants to be clear about the importance of indigenous consent at critical decision points in the impact assessment process under the bill. Perhaps the best way to explain the importance of consent is with the following statement.
It is an offence, under proposed section 144, to contravene proposed section 7 of the impact assessment act, which prohibits a proponent from doing anything that might impact the physical or cultural heritage of the indigenous peoples of Canada or cause a change to the health, social, or economic conditions of the indigenous peoples of Canada. Under proposed subsection 7(3), the proponent can do things that impact the physical or cultural heritage of the indigenous peoples of Canada or cause change to the health, social, or economic conditions of the indigenous peoples of Canada, under authorization of the agency, under proposed section 16(1) or a ministerial statement under proposed section 65. As the indigenous peoples do not participate in a decision referred to in proposed section 16(1) or leading to a ministerial statement, a proponent can impact their physical or cultural heritage or their health, social, or economic conditions without their consent and without committing an offence.
It is difficult to understand how the federal government finds this acceptable. To be blunt about it, this bill continues the practice of using the power of laws to license the slow and steady genocide of Canada's indigenous peoples in the name of the public interest. We are asking you to stop that, here and now, in this bill.
The provisions in the bill to harmonize impact assessment processes are deficient. There are limited options in the tool box and co-operation appears to be limited to reacting to proposed projects rather than taking a proactive approach. The principle of one project, one assessment should be clearly articulated as a guiding principle for intergovernmental co-operation and must be addressed at two general levels.
The first is the establishment, through intergovernmental agreements, of co-operative frameworks that harmonize assessment, independent of any project, with a view to minimizing, if not avoiding, process overlaps, duplication, and multiple assessments.
The second requires, in a project-specific context, interjurisdictional arrangements to co-operate in a project assessment, usually currently framed as an intergovernmental agreement establishing a joint review panel.
The impact assessment act does not address the first level and that is a fundamental failure. The second is inadequately addressed, largely through the offers to co-operate with other jurisdictions, which are made by the agency during the planning phase. A “tick in the box” offer can effectively download the responsibility to others.
Substitution appears to be considered the apex of co-operation in the act, but the impact assessment act does not provide a coherent and transparent process for its accomplishment, nor are there provisions for securing indigenous consent on the substitution of an impact assessment process affecting indigenous rights.
Canada has repeatedly stated its commitment to sustainability, including in the preamble to the proposed impact assessment act. The Nunatsiavut Government agrees that sustainability has to be a core principle of good impact assessment decisions, but of equal importance, indigenous peoples have to be recognized as integral to sustainability.
Parliament has an obligation to ensure that indigenous peoples and indigenous communities are sustainable. Our rights and cultures are not to be sacrificed to sustain others. The sustainability question must require that decision-makers identify how a project will promote the environmental, health, social, cultural, and economic sustainability of affected indigenous peoples. The definition of sustainability in Bill C-69 is insufficient, and we have proposed other language in our written submission.
The decision at the end of an impact assessment process must truly acknowledge trade-offs and justify decisions. The concept of sustainability includes indigenous peoples, and decision-makers must account explicitly for the substantive effect of authorizations on indigenous peoples, their rights, and their future generations.
Decision-makers must be required to justify any trade-offs between factors deemed to be in the public interest and impacts on indigenous peoples or their rights. Recent experience, particularly with respect to the Muskrat Falls project, is that political decision-making occurs in a black box, and the result is decisions that sacrifice our rights and interests, accompanied by a bare assurance that indigenous rights and interests were considered.
Assurances are unacceptable. Decisions under the act should explain how the minister accounted for all the proposed section 63 factors, including explicitly for any substantive effects the determination may have in relation to an affected indigenous group. The minister must be required to explain any trade-offs between impacts that the designated project may have on an indigenous group or their rights. The minister must also be required to specify which monitoring measures and aspects of follow-up programs must be designed so as to prevent or mitigate impacts that the designated project may have on an indigenous group or on indigenous rights.
In regard to the planning phase, the expert panel's report, “Building Common Ground”, had a well-articulated planning phase, which was designed to build consensus on how the impact assessment would be undertaken, including consent of indigenous peoples. This planning phase was to bring people together early in project planning to share knowledge and agree on what does and does not require future detailed assessment in the impact study.
The planning phase was seen as providing an opportunity for indigenous groups and other governments with impact assessment responsibilities to agree on a specific process adapted to the particular project with its potential impacts, while also accounting for the various assessment regimes that would apply.
The planning phase in Bill C-69 in the impact assessment act proposed sections 10 to 15, falls far short of this vision. There are no details on the process, products, or parties. There's no requirement to develop an impact assessment plan, a conduct of assessment agreement, a public participation plan, or tailored impact assessment guidelines. In fact, there are no clear deliverables from this process, and there is no requirement to seek agreement of affected indigenous peoples.
Nunatsiavut Government has been involved in the legislative and regulatory reviews for Canada's environmental legislation over almost two years. Our messages have been very consistent. This is not a time to tweak legislation that doesn't work, but an opportunity to create something that truly works toward reconciliation, while helping Canada move toward an economy that meets the needs of the current generation without compromising future generations' ability to meet their own needs.
The legislation must integrate free, prior, and informed consent in order to work toward reconciliation with Canada's indigenous peoples. The legislation must allow treaties and land claim agreements to be respected and fully implemented.
Indigenous peoples have a tradition of sustainable, respectful development and use of the land and resources in their traditional territories. For the federal government to fully partner with indigenous peoples, there must be a shift from mitigating the worst negative impacts toward using impact assessment as a planning tool for true sustainability.
We have made several specific recommendations in our written submission, proposing amendments we think will strengthen the act and improve impact assessment in Canada.
Thank you very much for the opportunity to appear before you today. I would be happy to answer any questions you might have, either about what I have just said today or about what we put in our written submission.