FORGING PARTNERSHIPS BUILDING RELATIONSHIPS, ABORIGINAL CANADIANS AND ENERGY DEVELOPMENT 23 January 2014 Douglas R. Eyford PRESENTATION TO BC CONSTRUCTION ROUNDTABLE

TOPICS FOR DISCUSSION What are best practices for First Nations consultation and engagement Do First Nations want equity ownership, contracting, and employment opportunities What is the role of industry when the Crown is not able or willing to invest necessary efforts with First Nations

OVERVIEW Why do Aboriginal rights have special status in Canada Why is BC different from other jurisdictions Mandate Key issues What happens next

WHO IS THIS MAN

Royal Proclamation 07 October 1763 And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds.

ABORIGINAL RIGHTS Survived European settlement Calder v. British Columbia (Attorney General), [1973] S.C.R. 313 Guerin v. Canada, [1984] 2 S.C.R. 335 Constitution Act, (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed Haida Nation v. British Columbia (Minister of Forests), [2004] 3 S.C.R. 511

WHY IS BC DIFFERENT Relationship between Crown and Aboriginal peoples unique Lack of historic treaties in province More than 200 Indian Act bands Reserves account for less than ½ percent of land mass in province

MANDATE How will projects affect Aboriginal interests Aboriginal interests in pipeline and marine safety issues Employment and business opportunities for Aboriginal Canadians Environmental and socio-economic factors that may affect Aboriginal participation in projects

MANDATE cont…. Geographic scope – Alberta and British Columbia 289 meetings 48 First Nations communities 28 Aboriginal organizations 16 project proponents 29 government departments and agencies 25 individuals and groups

MANDATE cont…. Interim report to Prime Minister, July 2013 Final report to Prime Minster, December 2013

WHAT DO BC FIRST NATIONS WANT Recognize Canada’s role in promoting projects of national importance Interests and objectives must be met if projects are to proceed Projects undertaken in an environmentally sustainable manner Involved in project planning and decision making Linked to broader reconciliation agenda Recognition of unextinguished aboriginal rights

Key Issues The scope and content of the Crown’s duty where deep consultation is required Territorial overlap disputes

Duty to Consult and Seek Accommodation Cases to be approached individually Crown must demonstrate flexibility Are regulatory processes adequate to discharge duty Role of industry Role of Aboriginal groups

Territorial Overlaps The challenge of resolving territorial disputes Strength of claim analysis Encourage Aboriginal initiatives to resolve disputes

WHAT HAPPENS NEXT Declining U.S. demand for Canadian oil and natural gas Rapidly expanding opportunities for energy exports overseas, particularly in Asia Pipelines and terminals needed to deliver landlocked oil and natural gas to tidewater Two proposed oil pipelines Four proposed natural gas pipelines Several proposed LNG facilities in Kitimat and Prince Rupert How will aboriginal interests be addressed

THANK YOU Report available at: /www/pdf/publications/ForgPart-Online-e.pdf