When it comes to working with first nations...developing the Ring of Fire..., the Liberal government is "absolutely on top of it," Ontario's mines minister, Michael Gravelle said this week.

However, just last week, David Martin, senior advisor with the Ontario Ministry of Energy, said "What we haven't done well at the ministry in the past is we haven't provided the degree of oversight that most of you have requested."

In light of the latest consultation process for Ontario's Ring of Fire Development Corporation, and the Mushkegowuk Tribal Council and Five Nations Energy Inc. proposal, could we say that's a conflicting understatement?



Mylon Ollila of Wahgoshig First Nation spoke about the need to improve the Aboriginal consultation process. He was speaking at the energy symposium held at Cedar Meadows Resort in Timmins Thursday. Timmins Times LOCAL NEWS photo by Len Gillis.

Symposium discusses Aboriginal consultation

The Timmins Times
By: Len Gillis
Thursday, January 22, 2015

The "duty to consult" was one of the key elements of discussion in Timmins this week at an energy symposium hosted by Five Nations Energy Inc., and the Mushkegowuk Tribal Council.

The symposium has brought together government officials, municipal leaders and First Nations leaders in Northeastern Ontario to look into the prospects of creating new energy projects and expanding expanding existing energy projects. As the First Nations explore these opportunities there was discussion about the fact that many corporations appear ready to enter the market and create energy related enterprises.

The duty to consult with First Nations is law in Canada, as outlined in The Constitution Act, and it essentially means that Aboriginal and treaty rights are protected. The government cannot allow persons, companies or corporation to move on those rights without consulting with and accommodating the First Nations involved.

The first person to speak about it was Mylon Ollila, the Renewable Energy Officer and also Strategic Governance Officer for the Wahgoshig First Nation, located east of Matheson.

"As you know, companies that operate in Canada are required by law to consult with and to accommodate local First Nations. This is as you know a Crown obligation, which is usually delegated to companies, because it is a requirement for the approval of a project anyway," said Ollila, who added that the system does not always work as it should.

He said the attitudes of companies are varies and have changed over the years. Unfortunately, said Ollila, many companies see consultation as an obstacle to progress.

"First Nations themselves on the other hand sometimes lack the capacity to properly engage the proponent. Many simply fail to respond to the initial contact," he explained.

"It is not uncommon for a letter of notification of a project to simply get lost on someone's desk, or to be forgotten about, which is really unfortunate because poor consultation is a disadvantage to both industry and the First Nation," said Ollila.

"Successful consultation is a two way street. Industry needs to respect Aboriginal rights, while First Nations need to approach consultation more pro-actively," he said.

Ollila wrapped by his presentation by suggesting that First Nations would do well to establish a standard consultation policy and be ready to assert local jurisdiction to protect local Aboriginal rights. He said this would be just as beneficial for project developers seeking to create a new enterprise.

The duty to consult was also addressed by David Martin, a senior advisor with the Ontario Ministry of Energy, who said his ministry has a working mandate to consult with First Nations with an eye to helping them with energy project that can also work towards economic development.

In pursuing that, Martin said the ministry sets out to set up communications with First Nations and find out how communities can be helped in terms of improving their unique energy requirements.

"The only way we can actually start to do that is by engaging with you, hearing from you, what your concerns are, what your aspirations are, what the challenges are and what the opportunities are," he said.

Martin said the issue of consultation is one that is raised frequently by First Nations, when energy projects are being discussed.

"The Crown has a duty to consult. We accept that, we acknowledge that, we know that. What sometimes gets a little muddy is when we delegate. We have the ability to delegate the procedural aspects of the duty to consult," said Martin.

"And the reason we do that is because the project developers know their projects best. Sometimes what they don't know best is how to work with communities," he added.

Martin said there is also the case that some First Nations communities do not work well with industries, and overall the consultation process has not worked as it should

"What we haven't done well at the ministry in the past is we haven't provided the degree of oversight that most of you have requested," said Martin.

"So going forward we are looking forward to develop more active oversight on the duty to consult." he said.