Strong opposition to province-guided consultation process

More than half of the First Nations in Alberta will not be meeting with the provincial government to discuss the new Aboriginal consultation policy.

“We want to be clear, this is not about being against resource development. This is about policies that directly affect our First Nations being created for us without meaningful participation. We are leaders, elected officials that govern our unique territories. It’s 2014 and our people and sovereign governments are still being treated with a paternalistic hand. Today is about us saying, it’s time this stops,” said Treaty 8 Grand Chief Richard Kappo.

Chiefs from Treaty 8, which numbers 25 First Nations in the northern part of the province, missed an engagement meeting with Aboriginal Affairs Minister Frank Oberle on Aug. 28 and said they remain opposed to the new structure the government has implemented in order for industrial development to take place on First Nations lands.

“It is a violation of our human and constitutional treaty rights,” said Driftpile Cree Nation Chief Rose Laboucan. “We need to eliminate the paternalistic view that someone has to speak for us. We can speak for ourselves.”

Samson Cree Nation Councillor Patrick Buffalo says he “respects” the position Treaty 8 Nations have taken. But Buffalo goes a step further in condemning the province.

“There is a fictional world created and (the provincial government) plays a major role in that fiction (and) that includes the consultation process. It’s a fiction. They think it’s real. But it’s a fiction. What authorizes them to govern over us?” asked Buffalo. “Absolutely nothing. They have no jurisdiction over us.”

He says Treaty 6 Chiefs recently met to discuss strategy and how to address the province’s consultation process.

Chiefs across the province expressed concern with the province’s Aboriginal Consultation Levy Act when the government announced its intentions almost two years ago.

The government released the final version of its guidelines on Consultation with First Nations on Land and Natural Resource Management at the end of July. These guidelines and policy on Consultation with First Nations on Land and Natural Resource Management, 2013, replace the former 2005 policy and 2007 guidelines.

The changes for consultation and development centre around the creation of an Aboriginal Consultation Office, which, among other factors, would determine if consultation is required. If consultation is required, the ACO determines the amount of consultation. Guidelines determine the timeline that is to be followed, which also includes sector-specific consultation matrices. The First Nation is required to provide information and meet deadlines. As well, the ACO would distribute fees, collected from companies who plan to develop on Crown land, to First Nations or Aboriginal groups to enable their participation in consultation.

Liberal Leader Raj Sherman and NDP critic Deron Bilous both expressed concerns over the Aboriginal Consultation Levy Act saying it gave too much power to the Aboriginal Affairs minister.

“Consultation is the government’s role in dictating their laws to us and I’m saying our position is we have our laws and it’s time our laws were heard,” said Buffalo.

Chief Trevor Mercredi, who is Treaty 8 Portfolio Chief of Livelihood, says the government has not responded to letters of concern from the First Nations.

“At the same time the government qualifies our participation at these sessions as consultation on the issue. If our participation can’t change the process, why are we asked to participate? The complex nature of consultation cannot be addressed in one group meeting, (the province) must meet with our Nations individually,” said Mercredi.

One of the guiding principles for the consultation policy states, “Alberta will consult with honour, respect, and good faith, with a view to reconciling First Nations’ Treaty rights and traditional uses with its mandate to manage provincial Crown lands and resources for the benefit of all Albertans.”

“The extreme irony of the Aboriginal Consultation Levy Act is that it was created without adequate or meaningful Aboriginal consultation and the regulations have been no different,” said Kappo.

The chiefs want the legislation rescinded. If it isn’t, they say they will take legal action.

Buffalo says he would like to see the issue go to the world stage as Samson Cree Nation has exhausted all domestic avenues.

“We have sued the government. We lost. We appealed the decision. We lost. We went to the Supreme Court. We lost. So what’s the next step? It’s the world court. That’s the only action I see,” he said.