Chiefs reject consultation levy legislation in Alberta

Alberta First Nations chiefs have been blindsided by what the provincial government is touting as “enabling legislation” on consultation.

Herb Arcand, acting grand chief of the Confederacy of Treaty 6 First Nations, said First Nations were not consulted on Bill 22, the Aboriginal Consultation Levy Act, which will collect fees from companies that plan to develop on Crown land. These fees will be distributed to First Nations or Aboriginal groups to enable consultation.

“The chiefs of Treaty 6 have been disrespected. .... We’ve had no input into this bill whatever,” said Arcand.

Bill 22 was introduced by Aboriginal Relations Minister Robin Campbell on May 8, nine days before the deadline for response from First Nations to the province’s draft policy on First Nations Consultation Policy on Land and Natural Resource Management.
“Bill 22 is aimed at strengthening the First Nations consultation process to ensure that it is appropriate and meaningful. It is important First Nations have the capacity and funding available to do a proper job on consultation and that is what this legislation is about,” said Campbell in a news release.

Fees collected would be distributed by a one-stop centralized consultation office, which is being proposed through the draft policy on First Nations consultation.

“The money should not be pooled in one area and then managed by the Alberta government again. It should be a sovereignty issue in respect to the First Nation and the industry partner of choice. They should be deciding how they want to engage and at the same time the Alberta government shouldn’t be deciding if they want the money filtered into a certain location and then they decide how it’s going to be spent. I don’t agree with that,” said Assembly of First Nations Alberta Regional Chief Cameron Alexis.

First Nations leaders also say they were not consulted on the draft policy on consultation. And like the draft policy on consultation, First Nations leaders are saying they will not support Bill 22.

“The importance of (consultation) is what they’re limiting the most (in the draft policy). If that is going to be a process and if that’s how they’re going to do it, they’re redefining everything that’s been set out,” said Driftpile First Nation Chief Rose Laboucan.

She points to Supreme Court of Canada decisions which state that governments have a duty to consult First Nations on development that will impact traditional land.

In an exchange during Question Period on May 13, New Democrat Aboriginal Affairs Critic Derek Bilous chided the government for “fail(ing) to consult with First Nations while developing legislation about a consultation levy with First Nations.”

In response, Campbell said, “I can tell you that since we’ve started this consultation process, we’ve been very clear with the First Nations about the levy, and we’ve been very clear to industry about the levy.”

Alexis said what the province is undertaking is not consultation.
“The provincial government is deciding they want to move on this but they’re deciding what content is going to be in there and that’s what the chiefs don’t agree on. It’s supposed to be a cohesive, collective, agreed-upon approach, and that’s not what we’re seeing,” he said.

In a news release issued by Onion Lake Cree Nation, Chief Wallace Fox said the continued push on the consultation policy “only acts to aggravate an already strained relationship between First Nations and the governments of Alberta and Canada.”

Arcand asked that the bill be deferred to the fall sitting, however, on May 13, government MLAs voted down two motions that would have deferred the bill. Despite dissent from the three opposition parties, the bill passed second reading and is now before the committee of the whole.