Kirsty Duncan on Questions Passed as Orders for Returns

With respect to development of the oil sands, and its impacts on Aboriginal communities: (a) what are all the studies, along with their dates and results, undertaken by the government concerning the (i) possible impacts of the oil sands industry on land, water, and wildlife, (ii) potential impacts on Aboriginal livelihoods, inherent and treaty rights, and constitutional rights; (b) which government accommodation and consultation policies regarding the oil sands have been designed in partnership with Aboriginal peoples to ensure that free, prior and informed consent is obtained, and how does the government ensure that consultation policies are (i) designed in partnership with Aboriginal peoples, (ii) consistent with the United Nations Declaration on the Rights of Indigenous Peoples; (c) what are all consultations, including the dates of the consultations and those present, undertaken by the government with Aboriginal peoples, where there was consideration given to oil sands-related activities that might impact Section 35 rights, and what were the results or conclusions of these consultations; (d) does the government ensure that consultation with Aboriginal peoples occurs early in the decision-making process as related to the development of the oil sands and, if so, how does it do this; (e) what are all consultations with Aboriginal peoples which occurred early in the decision-making process as related to the development of the oil sands, and for each such consultation, how does it meet the government’s criteria for “early consultation”; (f) what are all legal challenges that have been undertaken or are being undertaken by First Nations communities against the government as related to the oil sands, and what is the stated reason for each challenge; (g) what are the studies, along with their dates and results, undertaken by the government concerning the possible impacts of legal challenges by First Nations communities on the oil sands industry; (h) which, if any, First Nations communities have asked for a full public inquiry into the impact of oil sands development and what are (i) the reasons provided for each such request, (ii) the projected cost of such an inquiry, (iii) the steps taken by the government to address each identified concern as outlined in (h)(i); (i) does the federal government plan to ensure that development in the oil sands region is consistent with the constitutionally-protected rights of Aboriginal peoples and the internationally-accepted doctrine of free, prior, and informed consent, and (i) other than actions referenced in the responses to parts (a) through (h), what federal decisions have been taken and what federal policies or programs have been developed taking into account Aboriginal peoples’ constitutionally-protected rights; and (j) what, if any, studies has the government funded to ensure that Aboriginal communities impacted or potentially impacted by the oil sands have the resources to direct their own baseline health studies and environmental monitoring programs?