Building a First Nations Environmental Review Process A Partnership Project of Nadleh Whut’en, Nak’azdli and Takla Lake First Nations Project Sponsored by the New Relationship Trust, Trust 2009 GOALS To build a First Nations Environmental Review Process framework that can be implemented by the three partner First Nations in dealing with major project developments within the traditional territories. To increase capacity at the community level to understand the current government environmental assessment processes, ocesses, Aboriginal consultation case law, and other First Nations’ best practices. To draw on the experiences of the three partner First Nations in past environmental assessments including the Kemess North Joint Review Panel process, the PNG KSL Pipeline environmental assessment. To inform current environmental assessments affecting the partner nations including the proposed Mt. Milligan (Shus Nadloh) Copper-Gold Copper Mine, and the proposed oposed Enbridge Northern Gateway Pipelines. NEED FOR A FIRST NATIONS IONS ENVIRONMENTAL REVIEW R PROCESS First Nations have questioned the legitimacy of provincial and federal environmental assessments through major court cases, direct action, and participation under protest. Some First Nations have been pro-active active in developing community-driven community processes that respect Aboriginal rights and title, but these have not been recognized by the two levels of government. Both provincial and federal environmental assess assessment processes rarely reject projects once they have entered the process. First Nations are at a severe disadvantage in participating meaningfully in environmental assessment. Government lacks the funds to support meaningful consultation, and industry capa capacity funds are tied to supporting the project. WE NEED REAL COMMUNITY DECISION MAKING PROCESSES TO PROTECT OUR LAND AND RIGHTS PRINCIPLES OF THE FIRST NATIONS ENVIRONMENTAL REVIEW PROCESS     Respect for, implementation and enforcement of First Nations traditional laws and legal principles. Implementation of shared decision-making making, as committed to in the New Relationship Accord between the BC First Nations Leadership Council and the BC Provincial Government. Implementation of the principle of free, prior, and informed consent,, as outlined in the United Nations Declaration on the Rights of Indigenous Peoples. Articulation of and respect for First Nations’ Sustainability Criteria by which projects should be assessed. Promoting First Nations’ concepts of sustainability - providing economic and social benefits now, without compromising the ability of future generations to benefit from the environment. FIRST NATIONS ENVIRONMENTAL REVIEW PROCESS FRAMEWORK Two Main Options: METHODOLOGY The Project Team comprised compris of lands and environment staff from the three partner First Nations undertook the following activities to produce the First Nations Environmental Review Process Framework: 1. Synthesis of Existing Documentation from First Nation Partners 2. Research on Other First Nations Experience in Environmental Assessment Processes 3. Community Input on First Nations Environmental Review Process 4. Draft Framework for First Nations Environmental Review Process 5. Present Framework ramework in Community Meetings for Final Review 6. Finalize Framework and Communications Plan 7. Complete Training and Implementation Plan FIND OUT MORE 1. Parallel First Nations Environmental Review Process: A separate community-driven driven process with the proponent that does not rely on the Crown for engagement, consultation and accommodation. 2. Integrated Environmental Assessment: Negotiated government-to-government government Aboriginal Aborigina rights and title process before First Nation agrees to participate in environmental assessment. We are interested in sharing our findings with other First Nations and people interested in environmental assessment reform in BC. Our Pr Pr0ject Team is available to make presentations on our work. For more information contact: First Nation involvement and review begins with Feasibility Studies, dies, and continues through to Assessment, Decision-Making and Post--Decision follow-up (approval or rejected). Tara Marsden, Project Lead Nadleh Whut’en First Nation T: 778-416-3351 E: [email protected] ORDER A COPY OF OUR REPORT PARTNER WITH OUR PROJECT