Good afternoon.
My name is Terence Hubbard and I am the Vice-President of Operations at the Canadian Environmental Assessment Agency.
I appreciate the opportunity to speak with you today about the agency's experience in consulting with indigenous groups.
In my presentation, I will highlight our enhanced approach to consultation under Bill C-69, and I will describe recent innovative approaches we are undertaking with indigenous communities.
As the committee is aware, the federal environmental assessment process has been undergoing legislative review since 2016 when the Minister of Environment and Climate Change established an expert panel to review the federal environmental assessment process. Since January 2016, and until such time that a new legislative framework is in place, the federal government has been guided by an interim approach that includes principles and plans for major projects to inform decision-making. The interim principles include a commitment that decisions will be based on science, traditional knowledge of indigenous peoples and other relevant evidence, and that indigenous peoples will be meaningfully consulted and, where appropriate, accommodated where potential impacts on rights may occur.
ln February 2018, the government proposed legislation in Bill C-69 that would repeal the current environmental assessment legislation and introduce a new impact assessment process for major projects. The process for developing this bill was based on extensive consultations, including with indigenous peoples, industry, provinces and territories, for more than 14 months. At present, external discussions are ongoing regarding the development of regulations contemplated under the proposed impact assessment act and policies that will support the agency's new roles and responsibilities.
Our assessment process will also help us achieve the objectives underpinning the principles respecting the Government of Canada's relationship with indigenous peoples by exploring approaches and mechanisms aimed at ensuring that indigenous peoples and their governments have a role in public decision-making as part of Canada's constitutional framework, and to ensure that indigenous rights, interests and aspirations are recognized in our decision-making.
ln order to realize these broad legal requirements and government commitments, the Government of Canada integrates consultations into the assessment process to the greatest extent possible in order to facilitate opportunities for exchange of indigenous knowledge and technical information. The courts in Canada have reinforced this integrated approach as an appropriate mechanism for carrying out the duty to consult. Over time, however, the courts have also indicated areas for improvement. The Government of Canada is constantly working to ensure that court decisions and the views of indigenous groups regarding the assessment process and proposed projects are taken into account as part of our decision-making.
lt's expected that this integration model will continue to be the model under the proposed impact assessment act, with modifications to the process to better include indigenous groups and reflect their interests. Under the proposed act, there would be early and regular consultation with indigenous peoples, and indigenous traditional knowledge would be mandatory to consider, along with other sources of science and evidence to inform decision-making.
The proposed act also strives to work towards securing consent by developing a more collaborative and inclusive process based on mutual respect and dialogue. Specific examples of how we have reflected this in the proposed impact assessment act include the requirement to consider potential impacts on the rights of indigenous peoples on matters such as whether to designate a project for assessment, as well as the determination of whether adverse impacts of a designated project are in the public interest. The proposed legislation would also create new space for indigenous jurisdictions to exercise powers under the act related to the conduct of impact assessments.
As practitioners in consultation, the agency has learned that a cornerstone of our best practice in consulting with indigenous groups to date is being collaborative, in addition to respecting indigenous-led processes and knowledge. One recent example is the proposed Blackwater gold project in B.C., where the agency is consulting with 10 indigenous groups including the Lhoosk'uz Dené Nation, the Ulkatcho First Nation and Carrier Sekani First Nation.
The agency is working collaboratively with these nations towards consensus on conclusions with respect to the project's impacts on indigenous rights. This approach is supported in part by a memorandum of understanding that the agency signed in 2016 with the Lhoosk'uz Dené Nation, Ulkatcho First Nation and the Province of B.C.
The MOU includes a commitment that parties will collaboratively draft sections of the environmental assessment relating to effects on these nations and will work towards consensus on measures to address the potential effects of the project on the rights of the signatory indigenous groups. Integrating consultation into the environmental assessment process also provides for the consideration of impacts on rights, which can directly influence decision-making with respect to whether a project should be approved.
For example, in December 2017, an environmental assessment of the proposed Ajax mine in B.C. found that the project would likely have significant adverse environmental effects and cumulative effects on physical and cultural heritage and the current use of lands and resources for traditional purposes by the Stk'emlupsemc te Secwepemc Nation. Throughout the environmental assessment, the agency engaged in deep consultation with the SSN through face-to-face meetings and exchanges of information. The agency took into consideration indigenous knowledge and their own assessment of the project's potential impacts on their rights, which were reflected in the environmental assessment report. In June 2018, the Governor in Council found that these effects were not justified in the circumstances and therefore this specific project, as proposed, could not proceed.
I have one final example: The agency recently co-developed a methodology with the Mikisew Cree First Nation to assess the potential impacts on aboriginal and treaty rights of a proposed oil sands mine in Alberta. The collaborative approach in the development of this methodology is based on the combination of expertise within the agency in the domain of environmental assessment methodology and the expertise of the Mikisew in culture and rights studies. The application of this methodology not only provides for fulsome consideration of rights and culture in a manner that reflects the Mikisew's perspective, but its early application in the process has led to a more informed discussion regarding potential accommodation measures.
The methodology is currently being contemplated in the context of guidance related to the proposed act. The agency and the Mikisew Cree will be co-presenting this methodology on an international stage this coming April at the International Association for Impact Assessment in Brisbane, Australia. The co-development of this methodology demonstrates how effective partnerships with indigenous peoples can lead to a better-informed process. It also demonstrates how to set the foundation for positive changes in our relationships with indigenous peoples.
As we go forward, there will no doubt be further opportunities to develop even more collaborative and inclusive approaches with indigenous groups.
Thank you for your time today. We look forward to your questions.