Akaitcho Interim Measures Agreement Implementation Office. NWT Treaty #8 Tribal Corporation

Similar documents
NORTHWEST TERRITORY MÉTIS NATION

TREATIES: CONTEMPORARY LAND CLAIMS

By Phone: Doug Crossley, Kitikmeot Inuit Association Gord MacDonald, Alternate/Member, Diavik Diamond Mines Inc.

PRESENTATION TO THE STANDING SENATE COMMITTEE ON ENERGY, THE ENVIRONMENT AND NATURAL RESOURCES

Sahtu Land and Water Board

Seeking an Amendment to an Environmental Assessment Certificate. Guidance for Certificate Holders

Project & Environmental Review Aboriginal Consultation Information for Applicants. July 2015

THAIDENE NENE LAND OF OUR ANCESTORS BUSINESS CASE

Paul v. Canada, 2002 FCT 615 (CanLII)

Annual Report

Written Submissions by Stswecem c Xgat tem First Nation. Submitted to the Expert Panel regarding the National Energy Board Modernization Review

Protecting the Commitments in Modern Day Land Claims and Co-Management in the Northwest Territories

April 6, RSC, 1985, c N-22. SC 1992, c 37. SC 2012, c 19.

Bill Werry Deputy Minister Alberta Aboriginal Relations

Complaints of Sexual Misconduct Against Students

OWEEKENO NATION TREATY FRAMEWORK AGREEMENT

Nomination Package: Honorary Degree

TORONTO TRANSIT COMMISSION REPORT NO.

Immune Pharmaceuticals Inc. (Exact name of registrant as specified in its charter)

Opening Northern Canada to Investment in the Natural Resources Sector

A Study in Institution Building for Dene Governance in the Canadian North: A History of the Development of the Dene National Office

AGREEMENT To Establish a Joint Review Panel for the Grassy Mountain Coal Project Between

Sec. 4 A New Era of Trust.

Review of the Navigation Protection Act and First Nations

REVISED RESOLUTIONS PROCESS FOR FIRST NATIONS SUMMIT MEETINGS AS OF SEPTEMBER 2010

ECONOMIC AND COMMUNITY DEVELOPMENT AGREEMENT

COURT OF APPEAL FOR YUKON

DECLARATION OF CLAIM Pursuant to Rule 41 of the Specific Claims Tribunal Rules of Practice and Procedure

CRIMINAL JUSTICE BRANCH, MINISTRY OF JUSTICE CROWN COUNSEL POLICY MANUAL. July 23, 2015

Mackenzie Valley Resource Management Act

Mackenzie Valley Resource Management Act. Assented to June 18, 1998

LEGISLATIVE COUNSELʹS DIGEST

Duty to Consult, Reconciliation and Economic Development Frameworks

Criminal Pre-Trial Conference Pilot Project Evaluation Report

What are Treaties? The PLEA Vol. 30 No.

FORMAL MEMORANDUM DECISION-MAKING PROCESS

WHAT WE HEARD SO FAR

TAKING ACTION, BUILDING TRUST

THAT WHICH GIVES US LIFE. The Syilx People have always governed our land according to principles that are entrenched in traditional knowledge.

Lubicon Lake Indian Nation

The Scope of Consultation and the Role of Administrative Tribunals in Upholding the Honour of the Crown: the Rio Tinto Alcan Decision 1

FORMAL MEMORANDUM STAGE 2 DECISION-MAKING PROCESS

Northwest Territories Nominee Program Business Stream. Application Guidelines

An Bille um Pleanáil agus Forbairt (Tithíocht) agus um Thionóntachtaí Cónaithe, 2016

Should I Let Him Come Back? The Effect of Warranty and Repair Work on Mechanic s Lien Rights. By Joshua D. Spencer, Esq. 1

Title IX Investigation Procedure

Re: Preliminary comments concerning the pre-inquiry consultation phase of a National Inquiry into Missing and Murdered Indigenous Women and Girls

Changes Implemented in the JMU Student Handbook. Provided to the Community Members of James Madison University

CHOOSING A PATH FORWARD

HUL'QUMI'NUM TREATY GROUP FRAMEWORK AGREEMENT

LIMITATION PERIOD FOR THE ENFORCEMENT OF ARBITRATION AWARDS IN NIGERIA - CITY ENGINEERING NIG. LIMITED vs. FEDERAL HOUSING AUTHORITY.

2010 Reforms and Fifteenth General Review of Quotas Report of the Executive Board to the Board of Governors

Introduction. Department of Employment Affairs and Social Protection. Consultation on Development of the Department s Strategy for

The human rights situation in Myanmar

Transforming the Relationship to Work Together on a Shared Vision for First Nations

Charlie Rabesca. Motion Approved. presented. Motion Approved

Wednesday, April 4, The Honourable Keith Ashfield, M.P. Minister of Fisheries and Oceans 200 Kent Street Ottawa, Ontario, K1A 0E6

State Reporting Bureau

VISION STATEMENT MISSION STATEMENT

IN THE SUPREME COURT OF THE YUKON TERRITORY

Closing the Gap: Seeking Reconciliation, Advancing First Nations Well Being and Human Rights

Allan B. Adam, BA (dist)

Submission on the NSW Draft Aboriginal Cultural Heritage Bill 2018

Proposal for a First Nations Review Process for the Enbridge Gateway Pipeline

In April 2016, our congregation started the process or hiring a new minister. Here s an overview of the process.

1 Tsilhqot in Nation v. British Columbia, 2007

Matsqui First Nation Interim Agreement on Forest & Range Opportunities (the "Agreement") Between: The Matsqui First Nation

Indigenous Relations. Business Plan Accountability Statement. Ministry Overview. Strategic Context

DISCUSSION PAPER INDIGENOUS ENGAGEMENT AND CONSULTATION

Via DATE: February 3, 2014

SANTTI v. HERNANDEZ 01/30/2016

STRATEGIC ALLIANCE AUDIT COMMITTEE

LETTER DECISION. Imperial Oil Resources Ventures Limited Mackenzie Gas Project Request for an Extension of the Sunset Clauses

IN THE SUPREME COURT OF BELIZE, A.D. 2012

Collaborative Consent A NATION-TO-NATION PATH TO PARTNERSHIP WITH INDIGENOUS GOVERNMENTS PREPARED FOR THE MINISTER OF NATURAL RESOURCES BY:

Order of Vaughan 2018 Nomination Form

PROCEEDINGS - AAG MIDDLE STATES DIVISION - VOL. 21, Native land claims have been an issue in Canada since before confederation.

2011/2012 Report of the LEGAL SERVICES BOARD OF THE NWT

As Represented by Chief and Council (the "Takla Lake First Nation") (Collectively the "Parties")

FEDERAL COURT. Anamaria Carla Taban. and. Her Majesty the Queen MOTION RECORD

McNeil Disclosure Packages

Second report of the Secretary-General submitted pursuant to Security Council resolution 1757 (2007) I. Introduction

Energy Projects & First Nations in Canada:

NPT/CONF.2015/PC.III/WP.29

Rethinking Environmental Contracting

I would be grateful if you could circulate the present letter and the conclusions attached to it as a document of the Security Council.

Frequently Asked Questions USDA Forest Service

We understand that achieving this vision will require substantial work over the longer term and will necessarily involve legislative change.

Practice Standards for Legal Aid Providers. February 2017

Request for Proposal Number 5848-RFP-14/15. Auditing Services

LEGAL DEVELOPMENTS IN THE DUTY TO CONSULT November, Meaghan Conroy Associate, Ackroyd LLP

LAND CLAIM AGREEMENTS AND THE NORTH TO 2030

Wai 2566, # IN THE WAITANGI TRIBUNAL Wai 2566 CONCERNING. the Treaty of Waitangi Act 1975 AND

Communities and Diamonds

CONCLUDING OBSERVATIONS BY HUMAN RIGHTS TREATY BODIES ON CITIZENSHIP TO NEPAL

Deaccession and Disposition of Museum Objects and Collections Procedure

Popkum Indian Band Interim Agreement on Forest & Range Opportunities (the "Agreement'J) Between: The Popkum Indian Band

PNC Inspections: National overview report

FEDERAL ELECTION 2015 FEDERAL PARTY COMMITMENTS OF INTEREST TO FIRST NATIONS STRENGTHENING FIRST NATIONS, FAMILIES AND COMMUNITIES

Royal Commission on Aboriginal Peoples: An Exercise in Policy Education. For CPSA Panel, June 1 & 2, Peter H. Russell, University of Toronto

Transcription:

Akaitcho Interim Measures Agreement Implementation Office NWT Treaty #8 Tribal Corporation December 6, 2010 Mackenzie Valley Environmental Impact Review Board c/o Nicole Spencer Environmental Assessment Officer Via Email nspencer@reviewboard.ca RE: EA1011-002 Additional Evidence relevant to s.114(c) of the MVRMA. Good Afternoon, Regarding the environmental assessment for TNR Gold Corp. s proposed Moose Project please accept this letter and attachments as additional evidence relevant to s.114(c) of the MVRMA. Attached please find our final submission to the MVLWB regarding TNR Gold Corp. s MV2010C0015 land use permit application. I believe that this document clearly outlines the consultation and accommodation that occurred prior to and during TNR Gold Corp. s endeavour to receive a land use permit from the MVLWB. Since this time it is my experience that neither the company nor the crown has made any significant effort to engage the Akaitcho First Nations regarding the proposed Moose project. However, the MVEIRB, through Akaitcho First Nations and this office s request for rulings, did engage in community information sessions, one day events, in the communities of N dilo, Fort Resolution and Lutsel K e. I did attend the information session held in Lutsel K e and I know that the community members present requested more time and information regarding the proposed project as the time allotted for the information session was not long enough for everyone s concerns, questions and comments to be addressed. I understand that the company has made commitments to the Akaitcho First Nations regarding various things such as site visits, archaeological studies and further community information sessions, etc. but to date these things have not occurred nor are they guaranteed by any formal agreement. During the public hearing held in Yellowknife on November 19, 2010 it was clear to me that the company was trying to apologize for its inadequacy in consulting and accommodating the Akaitcho First Nations prior to the commencement of the EA process, citing things like hindsight and then making further commitments to build an honest and open relationship with the Akaitcho First Nations and their communities in the future, however it must be said that rebuilding trust where it has been broken in the past is formidable task and without the assurance of a formal agreement outlining commitments made by the developer it is more than difficult to take their word for it.

Also during the public hearing for EA1011-002, for which I was present, I made statements in support of the Akaitcho First Nations requests that the review board utilize s. 123.1(b) to undertake independent evaluation if consultation has occurred, and when found incomplete, allow the crown to undertake their duty to restore their honour. I will restate those for you now: The Akaitcho IMA Implementation Office has an outstanding access to information request regarding the proposed project that may be relevant to s.114(c) to the MVRMA and we require more time to receive a response and that the public record on EA1011-002 must not be closed until such time. For your information the request was sent in mid June 2010 and I have a record/ timeline of correspondence between myself and the access to information and privacy office, this request is ongoing and as of today s date it remains unknown as to when I may receive a response, The company, TNR Gold Corp. has made several commitments to the Akaitcho First Nations and due to the poor timing of these commitments and the weather they cannot fulfill these commitments until the late Spring or Summer of 2011 at the earliest and because the company has not guaranteed these commitments through a signed formal agreement the public record must remain open until the commitments of further community information sessions, site visits and archaeological/heritage studies involving Akaitcho First Nations and their members are fulfilled completely, The former DeSteffany exploration and exploitation site has not been remediated and in fact is currently only in the second phase of assessment by the crown. In the crowns opinion the second phase study of the site may only become available in early 2011. The public record must remain open in order to allow the crown to fulfill its duty to consult and accommodate the Akaitcho First Nations in regards to the assessment and remediation of this site. I strongly urge the MVEIRB to uphold the recommendations of the Akaitcho First Nations in regards to EA1011-002. In closing I would like to quote a section of the Federal Court s decision in Yellowknives Dene First Nation et al.v. Attorney General of Canada and North Arrow Minerals Inc. which states the fact that adequate notice of an intended decision may have been given does not mean that the requirement for adequate consultation has also been met. Marsi Cho, signed electronically by Stephanie Poole Akaitcho IMA Implementation Office NWT Treaty #8 Tribal Corporation attachment