NEGOTIATION
cross-section of industry groups , not just at the front end of the project , but for the full life of the project .
“ A variety of different approaches have been used in different communities that allow for ongoing engagement ,” he said .
Among the success stories is Sundre Petroleum Operators Group ( SPOG ) in Alberta , whose mission statement is “ to facilitate communication and co-operation amongst primarily petroleum industry partners , regulatory agencies and the community .”
“ One of the issues that came up from the discussion between SPOG and local municipalities was the problem of communication with first responders . They ended up paying for a new radio system so the collective emergency response from two communities could be on the same wavelength – literally ,” said Hale . “ They also created a cultural environment in which it became habitual to talk things out before going ballistic .”
Given the sweeping changes and significant impact that projects like pipelines , mines , dams , wind farms and quarries typically bring to the communities living near them , negotiating public approval is inherently complex – even more so when Indigenous ( First Nations , Inuit or Métis ) lands are affected .
“ First Nations communities increasingly view themselves as rights holders , not stakeholders , so you have to develop parallel processes to deal with Indigenous and non- Indigenous communities ,” said Hale . “ There has to be a way to deal with all the First Nations communities before the project starts and on an ongoing basis .”
He explains that since the 1999 Corbiere decision from the Supreme Court of Canada ( a case initiated by members of the Batchewana First Nation of Ojibways in Northern Ontario ), all members of a given community have the right to voice their opinion on issues affecting their traditional lands – even if they are not in residence there .
This consideration came into play in the negotiations between the Lax Kw ’ alaams First Nation and Petronas ’ Pacific NorthWest LNG terminal .
“ Petronas had come to an agreement with the band council , but it was turned down flat by community members living in Vancouver and Prince Rupert ,” said Hale . “ You have to have a process to engage the wider community . In many cases , you will have cases going back generations . Getting to a point of partnership on those issues is going to take much tactful effort over an extended period of time , because you are dealing with an extended legacy of 200 years .”
“ Then there are urban Aboriginal communities that are growing and that would like to have a voice in local policy development that may not be specifically affiliated with a community ,” said Belanger , “ so the complexity and the dynamics associated with First Nations and Aboriginal communities have grown in the last 15 years to a degree that municipal planners must be incredibly aware and develop plans that engage those communities , as opposed to just turning up on the doorstep and saying , ‘ This is what we ’ re doing .’”
Municipalities will likely find themselves increasingly engaged in these types of conversations over the coming years , because , although there is a long history in Canada of federal and provincial negotiations with Indigenous
CHASE CLAUSEN / SHUTTERSTOCK . COM
“ Back in the 1950s , roughly five per cent of all Aboriginal people lived in cities ; today , that number has grown to roughly 56 per cent .”
– Dr . Yale D . Belanger , University of Lethbridge
communities , “ for the most part , when it comes to municipal and Aboriginal engagement , we ’ re really at the beginning stages of relationship development ,” said Belanger .
“ Back in the 1950s , it was estimated that roughly five per cent of all Aboriginal people [ in Canada ] lived in cities ; today , that number has grown to roughly 56 per cent . Where once upon a time , most Native people lived on reserves , we now have ideas like urban Aboriginal self-government becoming better understood and recognized ,” he said . “ The greatest area of interaction between Aboriginal and non-Aboriginal people is in the cities . There ’ s going to be a real need for those communities to come together regionally to promote or fight against resource development .”
The official recognition of the right to self-government ( dating from 1995 ), along with better public education , key court decisions and “ peaceful , unrelenting , ubiquitous ” activism on the part of Indigenous communities have all played a part in changing the landscape for dialogue between Indigenous and non-Indigenous communities in Canada .
“ If there ’ s poor consultation , you run the risk of alienating one another ,” said Belanger . “ That could really endanger existing economic relationships that are in place . As First Nations become more economically solvent , you could potentially endanger future relationships . Little things like that can cost tens of millions of dollars in commerce and undermine relationships that over time are going to come to rely more and more on one another .”
Whether the community in question is Indigenous or non- Indigenous , “ do we have any solutions ? There are no magic bullets ,” said Hale . “ It is a process of building trust , often in a situation of constrained resources . It ’ s all about integrating skills to create an ongoing cycle of trust .”
14 Q4 2016 www . amcto . com