Presentation to the House of Commons Standing Committee on Environment and Sustainable Development to provide Recommendations regarding the development of a National Conservation Plan

National Chief Shawn A-in-chut Atleo
May 3, 2012

Introduction

  • Greeting [nu cha nuulth]
  • Thank-you for asking me here to speak with you today.  
  • As I begin, I would like to summarize my presentation by stating that there is a lot of good conservation work occurring out there, involving First Nations, industry and NGOs.  
  • The challenge in developing a National Conservation Plan (NCP) will be in maintaining a uniform and coherent vision that builds on existing successes.  
  • History and experience tells us that anything less than bringing First Nations in as full partners risks undermining our shared priorities.  
  • In developing a NCP, the AFN suggests adopting a broad framework based on the principle of sustainable use of environmental resources.  
  • For the NCP to be successful, the AFN recommends:
    • Must respect First Nation Treaty and Aboriginal title and rights as the basis to manage lands and enable partnerships with industry and NGOs.
    • Must create opportunities for First Nations to apply and share traditional knowledge and practices throughout their traditional territories; and,
    • Must confirm First Nations involvement at the National, Regional and Community levels to ensure a coordinated approach.

What Conservation Means to First Nations:

  • First Nations have been conserving since time immemorial.  We practiced sustainability long before there was a term for it and we helped to introduce the concept of sustainability to the world.  
  • And yet First Nations concepts of sustainability have always been distinct of mainstream environmentalism, where conservationists have often sought to protect the environment by prohibiting the use of environmental resources.  
  • First Nations have always recognized that we are a part of the environment – we cannot conserve by failing to use resources any more than we can by overusing them.  Our prosperity depends on our ability to use environmental resources in a balanced fashion – This is not unique to First Nations, but is a common feature of all societies and, indeed all life on earth.   
  • The issue for First Nations and for all Canadians is how do we use resources in a way that is sustainable?  The AFN submits the primary focus of the NCP should be to encourage the sustainable use of environmental resources, with particular emphasis on the customary and sustainable use of resources by First Nations.

Customary and Sustainable Use

  • The idea that customary and sustainable use should be a focus of national conservation planning is not new.  Article 10(c) of the Convention on Biological Diversity states that Canada shall “Protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements”
  • Supporting customary and sustainable use of resource will require the development of two pillars in the National Conservation Plan: the application of traditional knowledge and the recognition of First Nations treaty and aboriginal rights.

Application of Traditional Knowledge – Knowledge Matters

  • It’s a little known fact that some of the most bio-diverse regions in southern Ontario and across Canada have something in common.  These regions are not particularly remote, nor have they enjoyed any meaningful environmental protection under federal or provincial law.  I am, of course, referring to First Nation communities.
  • Why are First Nation communities so diverse?  It certainly doesn’t have anything to do with the federal regulatory framework, or for that matter, any centralized protection goals.  And very few First Nations have any formal Indian Act bylaws dealing with biodiversity.  The reason these areas are so diverse is that First Nations continue to manage them in the same way they have managed their own environments for countless generations.  
  • Increasingly, First Nations are using a combination of science and traditional knowledge to manage environments throughout their traditional territories.
  • The AFN notes Article 8(j) of the Convention on Biological Diversity, which calls on Canada to “respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities”.  
  • I know the Standing Committee has already heard about the Aichi Biodiversity Targets.  I would like to speak to Target 18.  
  • All Target 18 requires is that traditional knowledge, innovations and practices of First Nations relevant for the conservation and sustainable use of biodiversity and their customary use of biological resources are respected, integrated and reflected in conservation initiatives, with the full and effective participation of First Nations.  
  • This is not an unduly rigorous goal and is easily achievable in the context of a NCP.
  • There are many examples of First Nations applying traditional knowledge, while working with others, such as Parks Canada, to educate Canadians.  
  • For example, the Point Pelee National Park works jointly with Caldwell First Nation and Walpole Island First Nation to manage the Park and to increase First Nations content within the Park.  
  • By increasing the use of our knowledge through joint management of Parks and understanding of our cultures through education programs, First Nations can help Canadians connect with nature, and acquire a better understanding of our cultures, languages and knowledge systems.

Rights are Inexorably Linked to Conservation and Customary and Sustainable Use

  • First Nations in Canada require clean environments and access to natural resources in order to continue and maintain their cultures and livelihoods.  
  • Sustainability is a foundation for reconciliation because in the absence of a clean environment, First Nations cultures cannot be preserved or promoted.  Moreover, First Nations rights, particularly harvesting rights, cannot be exercised when environments are under stress and species are near the brink of extinction.   
  • This is entirely consistent with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).  
    • Article 29 of the UNDRIP articulates a right to conservation and protection of the environments of indigenous lands and territories, and calls for countries to establish programs for the conservation and protection of indigenous lands and territories.
    • Article 24 of the UNDRIP articulates a right to conservation of medicinal plants.  The NCP, as currently envisioned, could easily fulfill both of these standards.
  • What is less well known is that First Nations Treaty and Aboriginal rights are also valuable tools to conserve critical environments.  
  • Our own laws obligate First Nations to act as stewards for the environment, and to ensure that any resources taken from the environment are taken in a respectful and sustainable manner.  
  • When our rights are recognized, First Nations can fulfill our obligations under our own laws.  For example, the Tla-o-qui-aht First Nation has created protected tribal parks, integrating human use and ecosystems, based in their inherent authority to manage their lands.  Similarly, last year, the Doig River First Nation announced it would apply its inherent rights to create a 90,000 hectare Tribal Park within its traditional territory.
  • These are examples of First Nations standing strong on their rights to conserve the environment.  
  • There are also examples of First Nations using their rights to work in partnership with others to conserve.  For example, the Pimachiowin Aki World Heritage Project/Whitefeather Forest Initiative is a collaboration between Bloodvein First Nation, Poplar River First Nation, Pauingassi First Nation, Little Grand Rapids First Nation, Pikangikum First Nation and the provinces of Manitoba and Ontario in a bid to designation the east side of Lake Winnipeg as a UNESCO World Heritage Site.
  • In June 2010, Gwaii Haanas National Marine Conservation Area Reserve and Haida Heritage Site (3500 km2) were established under the Canada National Marine Conservation Areas Act.  The Gwaii Haanas Agreement took almost six years to negotiate.  The agreement commits $106 million toward the development of water and land-based national park and other activities.  The agreement created the framework for Haida and Canada to make recommendations on matters such as planning, management and operation.  Key outcomes of the Agreement are the engagement and employment of the Haida people, and respect for and integration of Haida practices, beliefs and knowledge in management of this protected area.

Conclusion / Recommendation

  • As you can see, there are a number of examples of First Nations working to conserve and ensure sustainable use of environmental resources.  
  • We don’t need to reinvent the wheel, but we do need to get the message to all First Nations as well as to industry, government and NGOs in terms of what is possible.  
  • A national approach must respect and recognize First Nations Treaty and Aboriginal title and rights and support First Nations to apply traditional knowledge
  • Clear respect of these rights is a tool to effective conservation and sustainable use.  Failing to respect rights will become an obstacle or barrier to progress.  
  • A meaningful national dialogue can do that, but only if First Nations are involved as full partners.  The AFN’s three main recommendations for the Standing Committee are that the National Conservation Plan:
  1. Must respect First Nation Treaty and Aboriginal title and rights as the basis to manage lands and enable partnerships with industry and NGOs.
  2. Must create opportunities for First Nations to apply and share traditional knowledge and practices throughout their traditional territories; and,
  3. Must confirm First Nations involvement at the National, Regional and Community levels to ensure a coordinated approach.

Thank-you again for you time.

Possible Questions and Answers

What is the AFN Position on the Canadian Boreal Forest Agreement?

The AFN publicly states the need for the parties to collaborate and consult with First Nations to ensure the right to current and future economic development related to the Boreal forests.  The AFN does not have an official position on the CBFA, as there are varying positions from First Nations on the agreement.  The AFN has expressed concerns over the processes and methods of how it was drafted without First Nations input, as directed by Chiefs in Assembly Resolution 65/2010 clearly directs the AFN to facilitate more work in this area that respects First Nations processes, concerns, interests and rights.  

Can Trust be rebuilt from exclusion?

Yes, but it can take time, and most importantly, respect.  I mentioned earlier that the negotiations related to Haida Gwaiis took six years.  At Point Pelee, Caldwell First Nation was the last of the residents and were basically excluded from any kind of involvement in the Park.  Parks Canada had to invest considerable time, resources and respect to bring Caldwell First Nation to the table.  Only recently has Parks Canada reached out to Caldwell First Nation to involve them in Park activities.  Even though conservation involves many shared goals, it is critical to demonstrate respect and provide adequate time to rebuild the relationship.  

Can economic imperative be reconciled with conservation?

Some First Nations, working in partnership with other communities, have combined commercial activities with conservation that seek to find balance between socio-economic interests and the need to conserve biodiversity for future generations and the environment as a whole.  For example, under the Species at Risk Act, the use of Agreements and Permits has led to creative recovery measures by Bamfield Huu-ay-aht Community Abalone Project, Gwa’sala-‘Nakwaxda’xw Nation, Haida Gwaii Abalone Stewards, Kitasoo Abalone Stewardship Project, Malcolm Island Shellfish Cooperative, First Nations, coastal communities, and the public.  

Is there a role for industry to work with First Nations?

As an example of how industry can contribute, the AFN points to the work of Mining companies in engaging First Nations and applying traditional knowledge, from the environmental assessment, through the life of the project and into the reclamation phase of a project.  Greater collaboration between energy and mining companies and First Nations on needs and methodologies for reclamation can only serve to improve our shared environmental legacy for future generations of Canadians, both native and non-native.

Assembly of First Nations