1. Prepared by: Aboriginal Affairs Branch Ministry of Northern Development and Mines OPA Outreach – Thunder Bay Wednesday May 18, 2016 Bernie Hughes, Melanie Mathieson, and Leslie Joynt Aboriginal Affairs: An Evolving Approach

2. Aboriginal Affairs Branch Outline Culture, historic relations and demographics Background – Aboriginal and treaty rights and the Duty to Consult Ontario’s emerging approach to Indigenous relations MNDM – programs and supportive actions Context 2

3. Aboriginal Affairs Branch Outline “A Northern Ontario economy and provincial minerals sector that are healthy, competitive and sustainable.” MNDM Vision 3

4. Aboriginal Affairs Branch Outline “The Aboriginal Affairs Branch supports ministry programming with respect to meeting ministry consultation obligations and facilitates relationships on behalf of the Ministry between Ontario’s Aboriginal communities, Northern businesses and the mineral industry.” Aboriginal Affairs Branch 4

5. Reconciliation “The fundamental objective of the modern law of Aboriginal and treaty rights is the reconciliation of Aboriginal peoples and non-Aboriginal peoples and their respective claims, interests and ambitions.” -Mikisew Cree First Nation v. Canada, Supreme Court of Canada, 2005 5

6. Aboriginal Affairs Branch Terminology “Aboriginal peoples” and “Indigenous peoples” are terms used to refer collectively to the original peoples and nations and their descendants. "Aboriginal peoples" is a term used in section 35 of the Constitution Act, 1982 to refer collectively to Indians, Métis and Inuit peoples in Canada. 6

7. Aboriginal Affairs Branch Who are the Indigenous People in Ontario? 7 133 First Nations communities in Ontario 4 main linguistic groups: Cree, Algonquin, Ojibway, Iroquoian First Nations Children of intermarriage of European men and Indian women who developed distinct culture prior to effective European control. Métis Inuit peoples traditional territory is Arctic Canada (Nunavut, the Northwest Territories, the Yukon, northern Quebec and Labrador) Approximately 2000 Inuit people live in urban centres in Ontario Inuit

8. Aboriginal Affairs Branch Community Demographics 301,425 Indigenous people living in Ontario– Largest Aboriginal population in Canada 48% of the Canadian Indigenous population is under the age of 24, making Indigenous youth the fastest growing population in Canada Unemployment of Canada`s Indigenous is double the rate of the non-Indigenous population Canada`s Indigenous have 2x higher rates of major depression than non-Indigenous Canadians Sources - 2011 National Household Survey & Mikkonen, J., Raphael, D., York University 8

9. Aboriginal Affairs Branch Community Demographics Life expectancies of Indigenous Canadians are five to 14 years less than the Canadian population. Infant mortality rates are 1.5 to 4 times great among Indigenous Canadians than non-Indigenous Canadians. The suicide rate for Indigenous Canadian youth aged 15 to 24 is five to eight times higher than non-Indigenous Canadian youth. High school graduation rates for First Nations youth are half the Canadian rate. Sources - 2011 National Household Survey & Mikkonen, J., Raphael, D., York University & National Council of Welfare 9

10. Aboriginal Affairs Branch Outline Past – Present – Future – Vibrant, complex Indigenous nations existed in North America prior to European contact We have a long history Our Relations 10 -Peace, friendship and military alliances -Crown assertion of Sovereignty & treaty making

11. Aboriginal Affairs Branch Outline 1664 The Aboriginal Perspective Two Row Wampum: ‘We will NOT be like father and son, but like brothers. These TWO ROWS will symbolize vessels, traveling down the same river together. One will be for the Original People, their laws, their customs and the other for the European people and their laws and customs. We will each travel the river together, but each in our own boat. And neither of us will try to steer the other`s vessel’ Highlights Historic Crown-Indigenous Relations 11

12. Aboriginal Affairs Branch Outline 1677 The Covenant Chain: A series of alliances and treaties developed primarily between the Iroquois Confederacy (Haudenosaunee) and the British colonies of North America 1763 The Royal Proclamation: Is a fundamental document in the relationship between First Nations people and the Crown and laid the basis for Canada’s territorial evolution. Highlights Historic Crown-Indigenous Relations 12

13. Aboriginal Affairs Branch Outline 1764 Treaty of Niagara Extended the Silver Covenant Chain of Friendship into the Great Lakes Region of the continent. 1867 British North America Act The British North America Act (now the Constitution Act) established the new federation’s distribution of responsibilities and powers for each level of government and the rights of its inhabitants. 13 Highlights Historic Crown-Indigenous Relations

14. Aboriginal Affairs Branch Outline 1876 Indian Act: Is the principle statute through which the federal government administers Indian status, local First Nations governments and the management of reserve land and communal monies. 1982 Constitution Act, 1982 Section 35 "recognizes and affirms" the "existing" Aboriginal and treaty rights in Canada. These Aboriginal rights protect the activities, practice, or traditions that are integral to the distinct cultures of the Aboriginal peoples. Highlights Historic Crown-Indigenous Relations 14

15. Aboriginal Affairs Branch Outline 1996 Royal Commission on Aboriginal Peoples 2004-5 Haida, Taku, Mikisew Supreme Court of Canada decisions regarding the duty to consult 2006 Ipperwash Inquiry Report 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) 2014+ - Treaty Strategy, Political Accord (Aug 2015), Truth and Reconciliation Commission (TRC) Highlights Historic Crown-Indigenous Relations 15

16. Aboriginal Affairs Branch Outline Evolution of Aboriginal Case Law 16 Constitution Act 1982 S 35-Rights of Aboriginal Peoples Case Law Clarifications: SCC Legislation/Regulation Government Policies/Guidelines

17. Aboriginal Affairs Branch Treaties in Ontario Treaties are solemn agreements that set out promises, obligations and benefits for both parties. Ontario is covered by 46 treaties and other agreements such as land purchases. These agreements were signed between 1701 and 1930. Ontario is unique in Canada for the number and variety of treaties. Treaties play an important role in the management of lands and resources. Different perspectives on the commitments outlined in treaties has given rise to a number of land claims and court actions in Ontario. Treaty 9 ceremony at Mattagami, 1906. Archives of Canada 17

18. Aboriginal Affairs Strategy 18

19. Aboriginal Affairs Branch Treaties in the Northwest 19

20. Aboriginal Affairs Branch Treaties in the Northwest 20 Lake of the Woods

21. Aboriginal Affairs Branch Aboriginal Rights Can include hunting, fishing, trapping and gathering on ancestral lands. Aboriginal Title Is a particular type of Aboriginal right. Aboriginal title is a collective right by the community to the exclusive use and occupation of land for a variety of purposes. Treaty Rights Historic treaties were often set out in writing however, the courts have also found that oral promises are relevant to the interpretation of treaty rights. Aboriginal and Treaty Rights 21

22. Aboriginal Affairs Branch The Ontario Mining Act 22 Ontario’s Mining Act was amended in 2009 as part of the ministry’s ongoing Mining Act modernization process. The purpose of the act is to encourage prospecting, staking and exploration for the development of mineral resources, in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the duty to consult, and to minimize the impact of these activities on public health and safety and the environment.

23. Aboriginal Affairs Branch The duty to consult is triggered when there is a proposed government action or decision and the government has real or constructive knowledge of asserted or established Aboriginal or treaty rights that may be adversely affected by the action or decision. Test: 1.Real or constructive knowledge by the Crown of an established or asserted Aboriginal or treaty right 2.Crown contemplates conduct 3.Potential for that conduct to adversely effect the right Duty to Consult 23

24. Aboriginal Affairs Branch First Nations & Métis Perspectives View the relationship as critical element of resource development: Aligns with cultural view and First Nation sense of treaty – equal partners who share the benefits of development. Necessary for government, industry and Indigenous groups to establish relationships. Mechanism for Indigenous communities to participate in resource development and mineral sector in particular. Aboriginal communities often want to participate in mineral and economic development but need the means to do so. 24

25. Aboriginal Affairs Branch Differing Perspectives 25 Free Entry Free, Prior and Informed Consent Industry Indigenous Access to the Land Right to Explore Interests Benefits- Forced to Pay ‘We are the land’ Right to benefits from exploration Rights Benefits- Accommodation

26. Aboriginal Affairs Branch Opportunities: Finding the Balance Environmental protection vs. economic development. Traditional culture, Indigenous Traditional Knowledge and Western science, technology and culture. Uniqueness and difference among and within Indigenous peoples and communities. 26

27. Aboriginal Affairs Branch Ontario’s Emerging Approach to Aboriginal Relations Initiatives (and Drivers) 2014+: Treaty Strategy Truth and Reconciliation Commission Recommendations and Ontario’s Response Political Accord Renewing the Relationship – All ministries expected to support (appropriate to their mandates) these broad areas of action 27

28. Aboriginal Affairs Branch MNDM Approach Meeting duty to consult obligations Building and developing external relations with Indigenous communities and industry Promoting economic development 28

29. Aboriginal Affairs Branch MNDM Current Relationship Industry and Indigenous communities need support to build internal capacity to engage and create meaningful relationships. Past/ongoing support includes: Memoranda of Understandings: Anishinabek Nation, Grand Council Treaty 3, Nishnawbe Aski Nation Multi-year funding agreements: – Matawa Tribal Council, Métis Nation of Ontario, Mushkegowuk Council – Capacity agreements: Wabun Tribal Council, Bimose, Wahgoshig, Nokiiwin, Windigo 29

30. Aboriginal Affairs Branch Capacity Initiatives Recent support includes: Junior Exploration Assistance Program- JEAP (MNDM) Aboriginal Participation Fund (MNDM) Aboriginal Economic Development Fund (MAA) Northern Ontario Heritage Fund Corporation (MNDM) Northern Community Investment Readiness (MNDM) New Relationship Fund (MAA) 30

31. Aboriginal Affairs Branch Next Steps Promote actions that support economic development and reconciliation. Outreach to industry for support at early exploration. Outreach to Aboriginal organizations and communities to support capacity and participation. 31 `Let us face it, we are all here to stay` Justice Lamer, Delgaamuukw, 1997.