Regional Session II Treaty 8 First Nations of Alberta Joseph Jobin Director of Livelihood Treaty 8 First Nations of Alberta For Informational Purposes ONLY T8FNA1

Treaty 8 First Nations of Alberta Mandate: TO PROTECT, PROMOTE, BRING TO LIFE, IMPLEMENT AND SUSTAIN THE TRUE SPIRIT AND INTENT OF TREATY No. 8 AS LONG AS THE SUN SHINES, THE GRASS GROWS AND THE WATER FLOWS. Adopted by a Quorum of Treaty 8 (Alberta) Chiefs on June 15, For Informational Purposes ONLY T8FNA2 Values/Guiding Principles: LIFE RESPECT FOR EACH OTHER RESPECT FOR AND BEING PART OF THE LAND OUR ABILITY TO USE OUR LANGUAGE

Treaty 8 Alberta Chiefs Position Paper on Consultation For Informational Purposes ONLY T8FNA3 Submitted on September 30, 2010 to Prime Minister Stephen Harper, Premier Ed Stelmach, Minister Len Webber cc’d to all Alberta Ministers Signed by 21 First Nations of 24 in Treaty 8 (Alberta) September 20, 2011

Process / Timeline Elders, Chiefs and technicians from Treaty 6, 7 & 8 met on: – April 12 – 14, 2010 – August , 2010 Elders, Chiefs and technicians from Treaty 8 met on: – June 2 - 4, 2010 Raw notes/comments were compiled and formed basis of draft versions Robert Freedman (JFK) and Clayton Leonard (MLT) drafted and advised on legality For Informational Purposes ONLY T8FNA4

Treaty No. 8 is the foundation of our relationship with the Crown For Informational Purposes ONLY T8FNA5

Position Paper Objectives Set out common consultation objectives, interest and principles including: – Livelihood participation – Greater participation in decision making Discuss concerns with Alberta’s current approach (16 concerns in Appendix A) The core elements of a new, mutually developed, approach (Appendix B) For Informational Purposes ONLY T8FNA6

Key Consultation Objectives To maintain and protect our way of life including history, culture, language, tradition and economy which are connected to our lands To ensure that capacity and opportunity to build, enhance and maintain a strong culture, language, traditions and economy connected to our lands, our inherent and Treaty rights For Informational Purposes ONLY T8FNA7

Key Consultation Objectives To ensure the security and protection of our constitutionally-protected rights – and that we have a meaningful opportunity to exercise those rights now and into the future To ensure the meaningful participation in decision-making processes related to the planning and management, use and disposition of lands and resources throughout our traditional territories For Informational Purposes ONLY T8FNA8

Key Consultation Objectives To ensure that we have an equal opportunity to share in the wealth of the Province To Enable First Nations to attain and maintain a level of economic, social and political self- sufficiency For Informational Purposes ONLY T8FNA9

General Concerns with Alberta Approach 1.Alberta has too narrow a view of First Nations’ rights 2.Alberta’s approach to consultation lacks precision 3.There are no standards against which to assess consultation and accommodation 4.Alberta has failed to recognize and implement Duty to Accommodate For Informational Purposes ONLY T8FNA10

General Concerns with Alberta Approach 5.Alberta delegates substantive aspects of project specific consultation to industry 6.Environmental Assessments and similar processes are developed without the participation of First Nations 7.Consultation must be structured on a government-to- government basis 8.The capacity to consult is a persistent hindrance to meaningful consultation For Informational Purposes ONLY T8FNA11

General Concerns with Alberta Approach 9.There is a general lack of clarity regarding what role First Nations input should have 10.Consultation occurs on a project-by-project basis, devoid of critical information about cumulative impacts on First Nations’ rights 11.Consultation rarely, if ever, occurs at the strategic planning stage 12. There is a Duty to Consult in relation to Private Lands For Informational Purposes ONLY T8FNA12

General Concerns with Alberta Approach 13.The Duty to Consult and Accommodate applies to decisions that affect Reserve Lands 14.Municipal decisions and actions can impact First Nations’ rights 15.Alberta has an obligation to be forthright about consultation 16.Alberta must be flexible and conduct itself honourably with respect to Traditional Territories and Traditional Knowledge For Informational Purposes ONLY T8FNA13

Suggested Approach to Consultation Recognizes that some First Nations have already developed their own consultation protocols Will differ based on nature of the project or issue in question, the degree of potential impact on First Nations’ rights and the interests and concerns of the particular First Nation For Informational Purposes ONLY T8FNA14

Negotiating Process Chiefs of Treaty 8, Government of Alberta, Government of Canada, and Industry Create an agreement that is jointly developed For Informational Purposes ONLY T8FNA15

Treaty No. 8 is the foundation of our relationship with the Crown For Informational Purposes ONLY T8FNA16