Interviews were conducted with a GEMCO company representative and an Anindilylakwa Land
Council representative who works closely with Traditional Owners on issues related to mining. The
Traditional Owners themselves were not interviewed as part of the case study due to initial difficulties
in establishing contact with them and time constraints once that contact was made possible.
De Beers Canada – Victor, Gahcho Kue & Snap Lake projects and a
commitment to engage with a First nation on the basis of its FPIC Protocol
Name of Projects: Victor, Gahcho Kue and Snap Lake
Company: De Beers (80% owned by Anglo American) (Gahcho Kue project is a joint-venture with
Mountain Province Diamonds).
Location: Ontario and Northwest Territories, Canada
Indigenous Peoples: Attawapiskat, Moose, Fort Albany and Kashechewan Cree First Nations and
Yellowknives Dene, the Tłı̨ icho, the Lutsel K’e and Kache Dene First Nations
Minerals: Diamonds
Current Status: Victor and Snap Lake ongoing projects, Gahcho Kue currently in regulatory process
to proceed to mining stage.
This case study is to be read in the context of the disclaimer on page 41 with regard to De Beers’
current policies and practices.
De Beers’ 2012 Community Policy commits it to seek FPIC of communities for projects with
potentially substantial impacts on their rights. The company currently has operations in Botswana,
Canada, Namibia and South Africa. Since 2008, De Beers Canada has had a policy in place which
requires consent at the exploitation phase of projects and recognized First Nations right to veto
mining projects. This case study briefly addresses De Beers Canada’s experience in three of its
projects. Two are operational mines, the Victor and Snap Lake mines, and the third is the currently
proposed Gahcho Kue project. Finally, the positive experience of a Canadian First Nation in obtaining
a commitment from De Beers to respect their FPIC protocols is also addressed.
Victor project:
In the case of the Victor project, three impact benefit agreements were entered into with the
Attawapiskat (2005), Moose Cree (2007) and Fort Albany and Kashechewan (2009) First Nation
communities in the James Bay area of Ontario. The communities are remote, with no permanent
road access, and rely on a subsistence economy. None had experience with mining operations in
or near their territories. They continue to be particularly socio-economically disadvantaged, with
unemployment up to 90% in some communities. Educational attainment is low and health and drug
abuse problems common.
The De Beers representative explained that they had followed the guidance of the Canadian courts in
Corbiere v. Canada167 that for consultations to be meaningful they had to involve a majority of people
both on and off reserves. A referendum was held in 2005 in the Attawapiskat community in which up
to 85% of the people who turned out to vote, with the support of their leaders, had voted in favour of
the agreement. The percentage of the actual population who voted is estimated to be between 22
and 48 per cent of the population, which the company holds is in line with the turnout for leadership
elections.168 Over the last three years there have been blockades by Attawapiskat community
members of the seasonal ice road, which De Beers uses to deliver fuel and other supplies to the
mine. The 2009 protests arose in part as a result of frustration around inadequate information the
community felt it had received from their Chief and Council members on specific Impact and Benefit
Making Free, Prior and Informed Consent a Reality
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