Historic agreement the first under new legislation
Tahltan Central Government, BC government and Skeena Resources on their work towards a consent-based agreement in this conversation from IPSS 2022.
Former Tahltan Central Government lands director Nalaine Morin discusses UNDRIP at the 2022 Indigenous Partnerships Success Showcase.
Long before negotiating the first consent-based decision-making agreement with the Province of British Columbia under Section 7 of the Declaration on the Rights of Indigenous Peoples Act (DRIPA) regarding the Eskay Creek Mine Revitalization Project, the Tahltan Central Government had already established its Tahltan Heritage Resources Environmental Assessment to support its Nation’s decision making.
“Between 2006 and probably 2012, we at any one point in time . . . had up to 10 different projects in various stages of environmental assessment, or major project-amendment reviews,” says Nalaine Morin, then Tahltan Central Government lands director, at the third annual Indigenous Partnerships Success Showcase (IPSS).
“We learned a lot about what we needed as an Indigenous government to ensure that our rights . . . and interests were being recognized and being protected. And so, for us in this work with the Section 7, a lot of that stems from the confidence and the commitment of all parties for us to get to this place. The province recognized that Tahltan have done all of this work in the environmental assessment. They were confident in the team that we had, and the collaboration and engagement that took place not only with proponents but also with government and industry.”
The agreement outlines consent-based decision-making related to the environmental assessment of the Eskay Creek Revitalization Project, the proposed re-opening of the Eskay Creek mine, located in traditional Tahltan territory in northwestern British Columbia, by Skeena Resources.
“The approach that we’re looking at here is innovative and I believe it’s the future,” says Morin. “We’ve already seen examples of Nations that have stepped up and said, ‘We want to be able to do our own Indigenous led environmental assessment process.’”
Cory Waters, the provincial government’s lead negotiator, agrees. “Advancing shared decision making, and in this case, consent decision making, is going to prove, I believe, to be a hallmark of reconciliation.
“It’s not just about decision-making, it’s about partnership. It’s about an integration into the fabric and the major projects in Tahltan’s territory. Not just as a decision maker, not just as a government, but also as a partner. And that decision-making role is a path to also integrate into the economy. And I believe, as does this government, that consent-based decision making, Indigenous economic development, and equity partnership are all very critical and are good for the economy.”
Left to right: Morin, Waters, and Himmelright at IPSS 2022.
Justin Himmelright is Skeena Resources’ senior VP of external relations and sustainability. He says that his company was already very committed to Indigenous consent and participation when considering the project.
“Over the last little while, the pace of change and acceptance of what’s happening in terms of the relationships with Indigenous people in the province is faster than I could have imagined.” He believes part of the reason is that financing bodies are starting to ask a lot of questions about environment, social, and governance (ESG) impacts, and about relationships with Indigenous communities. Additionally, the younger talent that industries hope to attract want to make a positive impact on the future and be a positive contribution to the planet.
“Sustainability on the land is what people automatically think of, but it also has a link to sustainability of your industry, sustainability of your company. When the opportunity was presented to go forward into a consent-based framework for reopening the Eskay Creek project, we immediately said yes, because from the perspective of Skeens . . . if we look forward 10 years from now, we think and we believe that consent is going to be the standard for natural-resource development projects in British Columbia. And, if you’re looking at extending the life of your project in a decade, do you want to be standing on a platform of consent, or do you want to have gotten your licences and authorizations without a formal Indigenous consent? So, from the point of view of sustainability of your project, it just made a lot of sense to us.”
Morin says that in entering into the agreement it has been important to the Tahltan to ensure that decision-making tools be representative of their government processes, and that the environmental review process be focused on values important to the Tahltan. She recalls once asking her community what the word ‘sustainability’ meant to them. No one had an answer. “What did I take from that? That’s not a Tahltan word. And I’m sure that there are a lot of nations that would probably say the same.
“What’s really important is, what is this land going to look like, 25, 50, 100 years after this mine is closed? That’s what people want to know. When we talk about relationships, we talk about relationships with each other, but Indigenous people, we also talk about our relationships with the land, the water, the fish, the wildlife. Ask yourself . . . how do you take that and make a decision-making process out of that? How do you assess whether or not a project is having an impact on that relationship?”
This article was originally published in Rights & Respect, Issue 2.
