70 65 Abbi Buxton Despite this, Canada’s institutional structures for participation and decisionmaking on natural resource and mining projects (in particular in environmental assessment practices) go a long way to reflecting the spirit of FPIC. Indeed, the Supreme Court’s ruling in Delgamuukw v British Columbia (1997: 3 SCR 1010) stated that, in the case of titled lands, the government’s duty to consult is often ‘significantly deeper than mere consultation’ and on a spectrum that includes the right to ‘full consent’. Under Comprehensive Land Claims Agreements (CLCs) provisions are made for self-governance, the protection of traditional resource use and co-management by aboriginal communities to manage resources and plan development through a number of ‘boards’– a result of Canada’s indigenous land claims process.3 The boards are allowed to create their own rules and policies, giving them greater flexibility in institutional design. They are co-managed with equal representation of government and aboriginals and clear processes for incorporating different knowledge types. The water and land boards, for example, have adopted traditional knowledge polices for use within environmental assessments (see Box 1). Implementing the ‘spirit of FPIC’ In Canada’s North West Territories, where both minerals and aboriginal communities are prominent, the Mackenzie Valley Resource Management Act (MVRMA) is charged with implementing the CLCs and holds responsibility for reviewing and approving land-use permits. The structures it adopts aims to decentralise decisionmaking and allow for cooperation between aboriginals, governments and private actors. Applications for mineral investments are submitted to the board, who then distribute them to the potentially affected Box 1: Examples of how traditional knowledge is incorporated into environmental assessments Climate – time/dates as to when the project will occur, and what condition might be expected (e.g. when creeks and lakes freeze up, when the ground is frozen enough to support equipment). Vegetation – lists types of vegetation in the area. What is the vegetation used for? Is it a local berrypicking area? Water use – potential impacts of changes in quality or quantity (e.g. in small lakes used for camp water, the drawdown might be such that there will not be enough water left for plant or fish life). Stream flow – affects stream crossings, freeze-up and spawning areas (e.g. will the stream flow be affected by ice bridges, or permanent bridges?) Importance of site-specific areas – why land is important, sacred sites, legends, beliefs, need for respect (e.g. Red Dog Mountain in Tulita District is considered a sacred site by the Mountain Dene). Traditional use – how might fishing, trapping and cabins be affected? Source: Armitage (2005). communities. These communities are given 30 to 45 days to provide comments and recommendations, much of which is supported by traditional knowledge. The applications are reviewed by the board based on these inputs, as well as information from technical experts looking at environmental and economic considerations. As the board has equal representation of aboriginal communities and government, these evaluations take place on the basis of values, information and experiences that come from traditional practices (see Box 1). Projects with significant environmental impacts undergo further assessment by the Environmental Impact Review Board, which is government led but has equal representation from both government and indigenous peoples, who also approve the Chair. Projects with impacts for the wider population go to public hearings to get broader inputs. Final decisions are, however, made by the Minister of Aboriginal Affairs and Northern Development 3 Canada’s land claims process aims to enable the Indians, Inuit and Métis to obtain full recognition of their rights under treaties or as the original inhabitants of what is now Canada.

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