Asserting First Nations Rights for Economic Benefit Workshop - PowerPoint PPT Presentation

Asserting First Nations Rights for Economic Benefit

Workshop Description • The Assertion of First Nations Rights for Economic Benefit workshops assists communities to assess how prepared they are to assert their rights and title to maximize the economic benefits. • The workshops showed where and how practical steps can be taken to improve their level of preparation.

Introductory Question • What basic elements does a Nation need to have in place in order to begin the process of asserting Aboriginal Title for economic benefit?

Workshop Overview • Two-day workshop that focused on the challenges and opportunities associated with economic projects proposed in Traditional Territories. – Attendees were promoted to share their experiences and ideas with one another – Total Number of Participants: 89 – Total Nations that Participated: 47

Workshop Overview • A self-assessment tool was used by workshop participants to evaluate their Nation’s capacity in five important areas for assertion of rights: – Governance and Administration – Land and Marine Use Planning – External Engagement (referral and consultation management) – Project Negotiations – Project Implementation

Workshop Outcome • An Assertion of First Nations Rights for Economic Benefit report is currently being drafted that will allow First Nations to independently assess their community, and determine a assertion plan going forward. • The report will focus on “best practice” Nations that have strong assertion practices and the steps they took to develop those practices.

Research Methodology Secondary Primary Pilot Regional Report Research Research Sessions Sessions Generation • Secondary Research – 226 Sources Reviewed • Primary Research – Interviews with First Nations individuals and communities – Needs Assessment Survey

Interviews • Interviews were conducted with representatives from the following First Nations: – Ktunaxa – Ehattesaht – Tk'emlups – Tzeachten – Westbank – We Wai Kai – Metlakatla – Xatsull – Tsawwassen – Yale

Needs Assessment Survey • 200 Invitations sent out • 78 Respondents

Affiliation of Survey Respondents 1 Iskut 32 Titqet 62 Ft St John Metis assocation 2 Moricetown 33 Stone Band 63 Doig River First Nation 3 Westbank First Nation 34 Hul'qumi'num Treaty Group/ Cowichan member 64 T'it'q'et 4 Skidegate 35 Skidegate 65 Tl'azten Nation, First Nations Summit 5 titqet 36 Iskut 66 Mount Currie 6 Cayoose Creek St'at'imc 37 Metis 67 Prince Rupert - Haida 7 Cayoose Creek 38 Pauquachin 68 Tsleil-Waututh Nation 8 Gitanmaax 39 Doig River First Nation 69 First Nations Fisheries Council of BC/Musqueam 9 AHOUSAHT - Nuu Chah Nulth 40 employed at Doig River member from saulteau 70 Provincial Aboriginal Tourism Sector Organization 10 Nisga'a Village of Laxgalts'ap (Greenville) 41 Samahquam Indian Band 71 Haida Nation 11 Doig River F.N 42 Alberta - but live and work in NEBC 72 Lax Kw'alaams First Nation 12 Squiala First Nation 43 Gitxsan Nation 13 Snuneymuxw Nation 44 Ahousaht 14 Prophet river first nation 45 Metlakatla 15 Gitsegukla 46 Seabird Island Band 16 Okanagan Nation - Upper Nicola Band 47 westbank first nation 17 Simpcw First Nation rules! 48 Saanich 18 Cowichan Tribes 49 Wetsuweten Nation 19 TL'ETINQOX-T'IN 50 Haida living in Musqueam 20 Lower Similkameen Indian Band 51 ?Esdilagh First Nation 21 Tk'emlups Indian Band 52 Westbank First Nation 22 Carrier Nation Burns Lake Band 53 K'ómoks First Nation 23 Penticton Indian Band 54 Heiltsuk Nation 24 Burns Lake Band 55 Ahousaht 25 Osoyoos Indian Band 56 Skidegate 26 Penticton 57 Skawahlook First Nation 27 Burns Lake Band 58 Syilx Nation/Okanagan Indian Band 28 I am Trondek Hwech'in but live and work in Coast Salish Territory 59 Mt. Currie 29 Tseshaht 60 Taku River Tlingit First Nation 30 Lower Similkameen Indian Band 61 Splatsin 31 Haida

Overall Findings • Nations are in very different stages in the assertion process. • Many First Nations recognize a need for basic assertion competencies in key areas so they may take their rightful place within the socio- economic fabric of their territories. • Competencies required appear common across Nations.

Overall Findings • The topic is very large. • Strong need to break it down into manageable pieces. • A framework has been developed to achieve this. • It is not the only possible framework. • But we are hoping it will assist in structuring the information. • The framework is based on “Systems Thinking”

WHAT WE FOUND

Key Survey Finding

What is Needed to Begin?

Policy / Process Development Overall

Consultation

Referrals

Economic Development Planning

Aboriginal Title • Inherent Aboriginal right to land, water and territory. • Sui generis , community has collective right and jurisdiction over ancestral territories. • Canadian courts recognize Aboriginal Title as the result of occupation and ongoing social, political and legal systems.

Aboriginal Title Cases • Calder (1973) • Guerin (1984) • Sparrow (1990) • Delgamuukw (1997) • Marshall (2003) • Haida Nation vs British Columbia (2004) • Taku River Tlingit vs British Columbia (2004) • Ahousaht Litigation (2009) • Tsilhqot’in Nation (2014) • https://scc-csc.lexum.com/scc-csc/scc- csc/en/item/14246/index.do

Understanding Aboriginal Title • Court cases and legal precedents are important. • This workshop focuses more on the practical requirements.

Workshop Goal • Goal – To bridge the gap between theory and practice in asserting rights for economic benefit. – Provide framework for asserting rights for economic benefit.

The Assertion Continuum 1. Prepare 2. Plan 3. Engage 4. Negotiate 5.Implement 6. Evaluate Prepare as a Develop a Engage Negotiate new Implement new Evaluate, Nation Land Use external opportunities opportunities learn, improve Plan organizations and continue • Governance • Land and • Consultation, • Negotiation of • Implementation • Evaluation of and Marine Use Referral IBA and other of Economic the Assertion administration. Planning Management Agreements Opportunities Process and Beyond. • Establish a • Establish a • Make external • Negotiate • Implement • Evaluate, vision for the vision for organizations opportunities opportunities learn, improve Nation / the follow the that follow the that follow the and continue. Organization. territory. vision. vision. vision. • Council • Land and • Referral • L&R, Ec Dev. • Ec Dev. • Project Team Resource Management Dept. Office

Organization of Assessment 1. Prepare 2. Plan 3. Engage 4. Negotiate 5.Implement 6. Evaluate Assessment organised into ten basic categories: • 1. Planning 2. Organizational Structure 3. Processes 4. Policy 5. Internal Community Engagement 6. External Stakeholder Engagement 7. Engagement with Other First Nations 8. Capacity Development 9. Funding 10. Partnerships Each category assessed in terms of: • 1. Structure 2. Effectiveness

What is Prepare? • Analyze business opportunities – Research companies and industry when proponents contact First Nation • Community engagement strategies – Meeting to determine how to / whether to participate in economic development projects – Visioning – if interested in evaluating the project

What is Prepare? Cont. • Corporate policy development – Develop internal policies for political/business governance interaction • Communication strategies with partners – Engage neighboring First Nations and communities regarding projects • Feasibility studies • Identify funding options (government, foundations, partners)

Module 1 – Prepare: Sample Questions Assessment Assessment Question Category Planning • What types of planning are important for community readiness? • Many Nations have a wide range of plans and strategies. Do these documents always translate into action? Structure • How can a formal organizational structure assist in effective community administration? • How could a lack of role clarity between Council and Administration create challenges? • Why is it important to be well organised internally before engaging with outside interests?

What is Planning? • Land/water use planning (LUP) and tradition land use plans (TLUP) – Community strategic planning – Vision, values, guiding principles – Technical assessment (delineating zones) • Economic development plans – Research – gather information on business opportunities – Strategic team development – creating team criteria and terms of reference – Developing work plans based on strategic business documents – Assessing appropriate organizational structures

What is Planning? Cont. • Define land designations / Land code – Map cultural significant sites – Begin assertion of Aboriginal rights and title through business engagement • Communication strategies regarding Ec Dev plans (internal and external)