Mining & Mineral Exploration
The First Nations Energy and Mining Council continues to advocate on behalf of British Columbia’s Indigenous peoples and communities to improve and ensure mineral exploration and mining law and policy align with the B.C. Declaration on the Rights of Indigenous Peoples Act to best support the human rights of Indigenous peoples through ‘free, informed, and prior consent’.
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Mining & Consent Project
Updates & Activity
Mining and Mineral Exploration Plan
In 2007, over 200 British Columbia First Nation Chiefs and representatives came together for a First Nations Energy Summit at the Chief Joe Mathias Centre in Squamish traditional territory. Over two days the delegates shared information, discussed the future of energy in British Columbia, and developed the BC First Nations Energy Action Plan – a collective First Nations vision for a sustainable path forward.
The principles, goals and actions of the Plan were subsequently supported through resolution by the BC Assembly of First Nations, the First Nations Summit, and the Union of BC Indian Chiefs.
Mining and Consent Project
With the generous support of the Law Foundation of British Columbia, FNEMC is undertaking this Implementing Consent for Mining on Indigenous Lands Project to explore ways to implement “free, prior and informed consent” in relation to mining. This principle is integral to the UN Declaration on the Rights of Indigenous Peoples, which is being implemented in BC through the Declaration on the Rights of Indigenous Peoples Act.
Indigenous nations increasingly rely on the UN Declaration to protect their lands in the face of resource development – this project will help in the development of tools to support protection of cutures and lands.
There are four parts to this project. Each part is described below with relevant links included for each.
1. Expert Issue Papers and Expert Webinar
We have commissioned legal experts to write brief issue papers on implementing consent from the Indigenous, international, and BC legal perspective. These papers were then discussed by the experts at a series of webinars held in November and December 2020.
A summary of the issues surveyed by each and links to the papers can be found here:
Doug White Expert Paper Indigenous Legal Framework
1. Who is to decide how a nation self-governs and what are approaches to dealing with internal governance issues that may need to be addressed in the process of determining consent? Expert: Doug White
Roshan Danesh Expert Paper Indigenous Legal Framework
2. Implementation of the UN Declaration will entail nations granting consent for projects on Indigenous lands, regardless of whether title has been proven in a crown legal context. What are options to engage Indigenous approaches to Indigenous land ownership and stewardship? Expert: Roshan Danesh, QC
Sheryl Lightfoot Expert Paper Indigenous Legal Framework
3. Indigenous governance systems have established different mechanisms for inclusivity of community members for expressions of consent. What are mechanisms and opportunities to incorporate and reflect community perspectives such as women and youth? Expert: Professor Sheryl Lightfoot
Paul Joffe Expert Paper Indigenous Legal Framework
4. What is the role of recent natural resource and governance agreements that may inform and support implementation of FPIC in relation to mining? Expert: Paul Joffe
UNDRIP International Legal Framework Dr. Wilton Littlechild Expert Paper
1. Does the principle of free, prior and informed consent have the force of law? How has consent operated in Canada? Expert: Willie Littlechild2
UNDRIP International Legal Framework Expert Paper Jose Cali Tsay Expert Paper on Implementation Of Consent For The Exploration of Mines On Indigenous Lands and TerritoriesUNDRIP International Legal Framework Expert Paper Jose Cali Tsay Expert Paper on Implementation Of Consent For The Exploration of Mines On Indigenous Lands and Territories
UNDRIP International Legal Framework Expert Paper Jose Cali Tsay Expert Paper on Implementation Of Consent For The Exploration of Mines On Indigenous Lands and Territories
2. How important is it that domestic legislatures take steps to implement the UN Declaration? What other mechanisms, tools or conventions are there at international law that will support the robust implementation of consent in relation to mining? Expert: UN Special Rapporteur Jose Francisco Cali Tzay
UNDRIP International Legal Framework Expert Paper Dr. Dorough
3. What international standards exist for consent right now and how do they operate in practice? Explore international tools and conventions support the development and implementation of consent. Expert: Professor Dalee Sambo Dorough
UNDRIP International Legal Framework Expert Paper Prof.Megan Davis
4. What is the international legal experience with mining and human rights through the lens of the UN Declaration? Expert: Professor Megan Davis
Allen Edzerza BC Legal Context Expert Paper
1. What are the practical stages where consent should be secured in the context of mining projects based on the BC legal framework. Expert: Allen Edzerza
BC Legal Contex Expert Paper Jay Nelson and JP Laplante – Mining Sector
2. What principles or standards could contribute to meaningful Indigenous oversight of mining in BC to reflect Indigenous self-determination in the mining sector? Experts: Jay Nelson and JP Laplante
BC Legal Context Expert Paper Dave Joe – Self Determination
3. How might Indigenous nations move to better exercise self-determination under the UN Declaration? What concepts and values can be adduced from self-government agreements, particularly those in the Yukon, that can contribute to BC’s action plan? Expert: Dave Joe
BC Legal Context Expert Paper Harry Laforme
4. As Indigenous nations exercise their inherent rights and sovereignty, and as both Indigenous and BC governments give effect to the Declaration on the Rights of Indigenous Peoples Act, is there a conflict of laws issue? How should prevailing laws concepts be interpreted in light of Article 34 of the UN Declaration? Expert: Justice Harry LaForme
2. Discussion Paper
We are preparing a discussion paper summarizing the results of the expert papers and roundtables. This Discussion Paper will present practical considerations for implementing consent in the BC context.
We will also release the results of jurisdictional scan which will provide an overview of consent developments in other jurisdictions.
3. Community Webinars
We will engage BC Indigenous communities through social media and online workshops in April to obtain feedback and practical perspectives on the proposals in the Discussion Paper. The intent is to connect with communities using social media tools such as Facebook, Instagram, and Twitter, and through online workshops that will enable Indigenous community members to share first-hand experiences and learnings.
4. Final Mining and Consent Report
We will prepare a final report that summarizes our results and makes recommendations as to how consent for mining activities may be implemented. This report is intended to support implementation of the Declaration on the Rights of Indigenous Peoples Act, provide helpful tools at the community level and ensure that future mining projects proceed in a manner that is aligned with the UN Declaration.
