AME BC responds to Harvard report on First Nations in B.C.

In June, Harvard Law School’s International Human Rights Clinic released a 200-page study titled “Bearing the burden: the effects of mining on First Nations in British Columbia.” The report highlights negative impacts of mining on B.C.’s First Nations communities. A report summary can be found at http://www.fns.bc.ca/pdf/Harvard_Summary.pdf.The following is a response to the Harvard report from the Association for Mineral Exploration British Columbia (AME BC).

Over the past two months, we have carefully reviewed your paper “Bearing the Burden: the effects of mining on First Nations in British Columbia” dated June 7, 2010. In addition to comments regarding the paper’s content and findings, we would like to mention significant developments regarding the relationship between the mineral exploration and mining sector and First Nations in British Columbia over the past year and since the paper’s release date. We would also like to highlight some resources that have helped the mineral exploration and mine development community improve its relationships with indigenous communities in Canada and throughout the world over the past decade.

During our interview, I underscored the importance of the historical and legal context of Aboriginal rights in Canada, and the diversity of First Nations in British Columbia. However, we were disappointed to note that the paper does not acknowledge the substantial constitutional recognition and protection of Aboriginal rights in Canada. The Canadian Constitution contains stronger and broader reaching rights for indigenous peoples than any other country in the world. Although we acknowledge that Canada shares with many other countries an unfortunate history of indigenous relations, we have made significant progress in addressing the legacies of the past and forging a more positive future with Aboriginal peoples. We also are concerned that the paper focuses on only one of 203 diverse First Nations in British Columbia. Although we respect the case study approach of the paper, it is not valid to extrapolate the views, values, and experiences with mining and other resource sectors of the Takla Lake First Nation to all 203 First Nations throughout British Columbia.

Since the time when the research for your report was conducted, the Takla Lake First Nation signed an Exploration Access agreement with Serengeti Resources Ltd. on Aug. 5, 2010. Chief Dolly Abraham stated in a news release that “Serengeti from the very beginning has been very proactive in seeking out a relationship with us, which is very important. That area (the Kwanika property) is important to our Nation and members and we appreciate that Serengeti has been sensitive to our concerns about where they go, what they pay attention to in the environment, and how they do their sampling. It also means a lot to our people to be able to work close to home.” This statement reflects an evolving relationship between Takla First Nation and the mineral exploration sector that is only partially reflected in the paper.

Other First Nations have also seen significant progress in their relationship with government on mineral exploration and mining activity. The province signed an economic and community development agreement with the Stk’emlupsemc of the Secwepemc Nation in Kamloops on Aug. 24 that allocates a significant share of mineral tax revenues from the New Afton project to these communities. On Aug. 25, another was signed with the McLeod Lake Indian band in regard to the Mt. Milligan project. British Columbia is the first jurisdiction in the world to have such an agreement to share tax revenues with local indigenous peoples. The province of British Columbia also is developing enhanced procedures for a more coordinated approach to consulting with First Nations. It has also signed several innovative agreements with First Nations throughout the province to ensure that they are meaningfully involved at all stages of the mine life cycle, from exploration through production.

We noted with interest the recommendations made in the report to First Nations, suggesting important next steps such as First Nations determining and advising who from their community should be contacted to discuss minerals industry matters, enhanced communication within the First Nations communities, development of land use plans and articulating what benefits and undertakings they seek from exploration and mining companies. These would enhance the ability of our sector to engage in a respectful and meaningful way, and we would welcome an opportunity to discuss these suggestions further.

The mineral exploration and mine development sector has made notable improvements in the way it engages indigenous peoples. In addition to programs in Aboriginal training and employment and community development, the following resources provide information and guidance to members of our corporate community on how to effectively engage Aboriginal peoples.

• Prospectors and Developers Association of Canada, Mining Association of Canada, Government of Canada, and Canadian Aboriginal Minerals Association’s Mining Information Kit for Aboriginal Communities: http://www.pdac.ca/aboriginal/information/kit.aspx

• AME BC’s Aboriginal Engagement Toolkit: http://www.amebc.ca/policy/aboriginal-and-community- engagement/aboriginal-engagement- toolkit. aspx

• Prospectors and Developers Association of Canada’s e3 Plus Framework for Sustainable Exploration: http://www.pdac.ca/e3plus/

• Mining Industry Human Resource Portal for Aboriginal Communities: http://www.aboriginalmining.ca/en/

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