1. Regional Session II Treaty 8 First Nations of Alberta
2/20/2018
Regional Session II Treaty 8 First Nations of Alberta
Joseph Jobin
Director of Livelihood
Treaty 8 First Nations of Alberta
For Informational Purposes ONLY T8FNA
For Information Purposes ONLY

2. 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, 2009
Values/Guiding Principles:
LIFE
RESPECT FOR EACH OTHER
RESPECT FOR AND BEING PART OF THE LAND
OUR ABILITY TO USE OUR LANGUAGE
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3. Treaty 8 Alberta Chiefs Position Paper on Consultation
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
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4. For Informational Purposes ONLY T8FNA
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
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5. Treaty No. 8 is the foundation of our relationship with the Crown
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6. 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)
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7. 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
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8. 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
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9. 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
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10. General Concerns with Alberta Approach
Alberta has too narrow a view of First Nations’ rights
Alberta’s approach to consultation lacks precision
There are no standards against which to assess consultation and accommodation
Alberta has failed to recognize and implement Duty to Accommodate
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11. General Concerns with Alberta Approach
Alberta delegates substantive aspects of project specific consultation to industry
Environmental Assessments and similar processes are developed without the participation of First Nations
Consultation must be structured on a government-to-government basis
The capacity to consult is a persistent hindrance to meaningful consultation
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12. General Concerns with Alberta Approach
There is a general lack of clarity regarding what role First Nations input should have
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
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13. General Concerns with Alberta Approach
The Duty to Consult and Accommodate applies to decisions that affect Reserve Lands
Municipal decisions and actions can impact First Nations’ rights
Alberta has an obligation to be forthright about consultation
Alberta must be flexible and conduct itself honourably with respect to Traditional Territories and Traditional Knowledge
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14. 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
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15. For Informational Purposes ONLY T8FNA
Negotiating Process
Chiefs of Treaty 8, Government of Alberta, Government of Canada, and Industry
Create an agreement that is jointly developed
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16. Treaty No. 8 is the foundation of our relationship with the Crown
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