From the Prince George Citizen:
Friday, November 19, 2004
Natives praise court decision
by GORDON HOEKSTRA Citizen staff
The Carrier Sekani Tribal Council hailed as a victory a ruling Thursday from the Supreme Court of Canada which says the provincial and federal governments have a duty to consult and accommodate First Nations interests before aboriginal rights and title have been proven.
"Today, we are that much closer to the recognition that we have been seeking since contact -- that we are the original peoples and owners of this land and that we must have a say in what goes on in our territories," said Carrier Sekani Tribal Council chief Harry Pierre.
He said government can no longer send a letter to a First Nation about a trapline, and call it consultation. "They have to sit down and talk to First Nations that are effected by industries -- mining, logging -- I imagine it goes right to tourism," said Pierre.
He said First Nations are not against development, but they want to be involved in decisions. "Meaningful consultation is a very big thing to us," said Pierre.
The Carrier Sekani, which represent eight bands west of Prince George, was not alone, however, in praising the ruling.
The province also said it welcomed the ruling, and the mining sector said the ruling provided much-needed clarity for First Nations, communities, government and the resource sector on their respective roles.
The top court did put some parameters around the consultation and accommodation of First Nations interests, saying the duty to consult varies with the circumstances and that First Nations do not have a veto on resource development or decisions.
The Supreme Court also ruled that developers and other third parties do not have a duty to consult and accommodate First Nations interests.
The Carrier Sekani said they still expect industry to consult with them. "Industry is still liable," said Takla Lake Band councillor Michael Teegee.
The Takla Lake Band is one of five First Nations in the midst of discussions with Northgate Minerals Inc. over its $190 million US proposal to expand its mine site in northern B.C., which is subject to provincial and federal environmental approval.
B.C. and Yukon Chamber of Mines executive director Dan Jepsen said he believes mining companies will continue to work with First Nations in the wake of the high court decision.
"Our success is going to be based on whether we can develop a positive relationship with local First Nations," said Jepsen. "We can argue about the semantics of consultation and accommodation, and all those types of things. But at the end of the day, if you're local First Nations or local community is not supportive, you're going to run into problems."
B.C. Council of Forest Industries forestry manager Archie MacDonald also the ruling appears positive. "It helps to provide further clarities and certainties around the whole land claims process, and obviously any additional clarity and certainty we can get is a big step forward," he said.
B.C. Attorney General Geoff Plant, responsible for the First Nations treaty process, also welcomed the ruling, saying it brings more balance and certainty to obligations around land and resource use.
The decision emphasizes the need to commit to meaningful consultation but makes clear the right to be consulted does not amount to a veto for First Nations, said Plant. "We see this as a positive development for all parties -- governments, First Nations and business," he said. |
