Fish Lake, B.C.Sibylle Zilker
One of the most influential aboriginal organizations in the province is calling on the B.C. government to completely revamp its environmental assessment process, saying the current approach is "dysfunctional, harmful to aboriginal interests and structurally prone to failure."
A discussion paper, expected to be released Thursday by the B.C. First Nations Summit, describes the B.C. Environmental Assessment Office as "fundamentally flawed." It recommends establishing a new "sustainability authority" that would examine proposed resource projects and seek to achieve consensus among native bands, government and industry.
The authority would operate at arm's length from government, in the manner of the Ombudsman's office, and it would report to both the legislature and native bands.
"There isn't anything like that in existence anywhere. But we're saying we should try it. We need a new way to address these issues that have us in conflict," said Grand Chief Ed John, a member of the political executive of the First Nations Summit.
Mr. John said native communities don't trust the government to fairly assess the environmental and social impacts of a project, and without such a process in place "it ends up in a case-by-case battle on the ground."
The proposal comes against a backdrop of growing conflict in B.C., where several bands are either taking legal action or threatening blockades to stop proposed mines, pipelines, logging operations or gas drilling projects.
"Our young people need jobs … it's in our best interest to find opportunities for them, but these projects have to be done in a sustainable way … and in a way that respects the cultural underpinnings of aboriginal people," Mr. John said.
B.C. government officials did not immediately respond to a request for comment.
But in December, Randy Hawes, Minister of State for Mining, wrote to the First Nations Summit to express confidence in the system.
"I have consulted with [Environment]Minister [Barry]Penner, who is responsible for the EA process, and it is our view that the present process is adequate, effective and consistent with the Crown's duties to First Nations. The process has been found to be adequate by the courts, and there are no plans to develop a new process at this time," he said.
Mr. Hawes left the door slightly open for future talks, however, saying he and Mr. Penner understood native groups had complaints and there would be opportunities to discuss those issues this year.
Fred Sam, chief of the Nak'azdli, in Fort St. James, 150 kilometres northwest of Prince George, said his band would not have recently filed a petition in B.C. Supreme Court opposing the proposed Mt. Milligan copper and gold mine had there been an environmental review process in place he trusted.
"Our concerns about this proposed project were never adequately addressed through the assessment process, and we were never offered a meaningful position at the decision-making table," he said.
Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, also highlighted the lack of faith native communities have in the current system.
"The provincial and federal governments ought to know by now that many of the lengthy delays in proposed mines and other projects are tied to inadequate environmental review processes that utterly fail to address the unextinguished indigenous land title, rights and interests of our people," Mr. Phillip said.
Mark Hume