Resource World Magazine

D E C E M B E R / J A N U A R Y 2 0 1 5 www.resourceworld.com 11 "The court places clear responsibility on the federal and provincial governments – not aboriginal peoples, not industry and not the courts – to balance aboriginal interests with the rights of all Canadians and to govern the country with the public interest in mind," Isaac wrote in the Globe and Mail. Isaac also notes that Canadian resource companies have "taken a proactive leader- ship role in developing strong relationships with aboriginal groups." This approach has led to "material economic and other ben- efits," Isaac says, for aboriginal peoples, including jobs, training, contracting and business opportunities. Jody Wilson-Raybould, regional chief of the B.C. Assembly of First Nations, told the Georgia Straight the rulings should be seen as an opportunity for aboriginal com- munities. "First Nations want to be a part of resource development where resource development will benefit them and won't infringe on their lands," she said. These latest decisions are just two of nearly 200 rulings related to natural resource projects and aboriginal rights in Canada, according to Bill Gallagher, a for- mer treaty rights negotiator and author of Resource Rulers. The book outlines what Gallagher calls the "remarkable rise" of aboriginal empowerment in Canada. After the Tsilhqot'in decision last sum- mer, Gallagher told the Georgia Straight that stakeholders, including resource com- panies, should see the case as a "liberating experience." "They now at least know what is expected of them: to address First Nations one on one, to extend a hand of corporate friendship," Gallagher said. "They'll have to now go out and bring First Nations on as partners." PaRtneRshiPs PaR foR the couRse Partnerships between industry and First Nations could be considered old news in BC and across Canada. For years, mining companies have been consulting with both aboriginal and non-aboriginal communi- ties to gain what's commonly described as "social license to operate." With First Nations, this includes the striking of partnership and impact benefit agreements, which are becoming increas- ingly common in the mining industry. These agreements provide economic opportunities and social and financial ben- efits, including employment, education, training and business opportunities. For example, Imperial Metals and the Tahltan Central Council recently negoti- ated an impact benefits agreement for the Red Chris Mine in BC. In early November, New Gold and the Métis Nation of Ontario said they finalized a participation agree- ment with respect to the development and operation of the proposed Rainy River gold mining project in northwest Ontario. Governments are also getting involved, notably in BC, through revenue shar- ing agreements. The first Economic and Community Development Agreement (ECDA) mine revenue-sharing agree- ment was announced in 2013 between the province of BC and the Tk'emlúps te Secwepemc and Skeetchestn Indian Band of the Stk'emlúpsemc te Secwepemc Nation. The agreement gives the First Nations a portion of provincial revenues from production at New Gold's New Afton Mine near Kamloops, BC. A handful of similar revenue-sharing agreements have been signed since between the province and First Nations in BC. Association for Mineral Exploration BC (AME BC) President and CEO, Gavin Dirom, says the recent Supreme Court of Canada rulings will empower govern- ments and mining companies to continue working with First Nations. "The ruling reaffirms that engagement and consulta- tion is the right thing to do," Dirom told CIM Magazine recently. Dirom also believes the Tsilhqot'in rul- ing will help to increase certainty around title and rights in BC, allowing for more consistent decision-making, which should enable further investment from the mineral exploration and development industry. unceRtainty linGeRs If the rulings are said to bring certainty, why isn't the mining industry openly cel- ebrating? Why aren't we seeing investors rush into the sector with the comfort that there's more clarity around aboriginal title and treaty rights? Part of the issue is the uncertainty not only with the judgments, but the industry and the economy in general. The mining industry is going through what consulting firm PwC has called a "confidence crisis," due to depressed commodity prices and the billions of dollars in collective corpo- rate write-downs that has resulted. Volatile global markets, including fears about resource-hungry China's slowing economy, aren't helping either. Until prices recover and confidence is restored, miners will suffer from the industry pessimism. Of course, mining is a cyclical industry full of risk and volatil- ity. This won't change. What has remained constant is the industry's desire to find common ground with all stakeholders, including governments and aboriginal and non-aboriginal communities. Agreements may never be perfect. There will always be dialogue and dis- putes between mining companies and First Nations and other communities around certain stages of development, whether it's for a mining project or a strip mall. In our democratic society, this open and transpar- ent debate is a healthy and welcome part of the development process. What's impor- tant, particularly in the mining industry, is that all sides work together respectfully, effectively and efficiently. The latest Supreme Court of Canada cases shouldn't be a concern. Instead, they underscore the need for early and ongoing engagement with communities – aborigi- nal and non-aboriginal – when exploring, developing and producing resources. This is the only way to build and sustain long-lasting relationships between all stakeholders. This is crucial for the responsible and sustainable development of Canada's natu- ral resources. n Robert Simpson is president and CEO of PR Associates, a Vancouver-based public rela- tions and communication firm.

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