October 30,2020
VIA EMAIL: iaac.marathonminereview-examenminemarathon.aeic@canada.ca &
Dear Mr. Boisvert:
Re: Draft Amended Agreement To Reestablish A Joint Review Panel For The Marathon Palladium Project And Terms Of Reference
Further to our previous discussions, I am writing to submit comments for consideration regarding the above- noted matter.
As you know, the Marathon Palladium Mine Project (“Project”) will be located within the exclusive traditional territory of Biigtigong Nishnaabeg and situated approximately 16 kilometers from our reserve in northern Ontario, east of Thunder Bay on the shores of Lake Superior. The Project’s location falls within the lands identified within the claim for Aboriginal title filed in the Ontario Superior Court of Justice, Thunder Bay, Court File Number CV-07-018.
The comments herein relate to the need to ensure meaningful consultation with Biigtigong Nishnaabeg, including the design of the consultation process itself, in accordance with the decisions of the Supreme Court of Canada in the Haida Nation and Tsilhqot’in cases. Some of the comments included herein were made by my predecessor, Roy Michano and were received by your predecessor agency, the Canadian Environmental Assessment Agency, on May 24th, 2011. Other comments relate to the need to ensure an efficient assessment free, as much as possible, from delay.
BNFN respectfully asks that these amendments be accepted so the Joint Review Panel can fulfill its statutory mandate(s) in a manner consistent with the respect for the rights of indigenous peoples guaranteed by section 35 of the Constitution Act, 1982.
I look forward to hearing from you.
With respect,
Per: Chief Duncan Michano, Biigtigong Nishnaabeg Biigtigong Nishnaabeg
AMENDED AGREEMENT
Original Text Requested Amendments Request addition of following text:
WHEREAS the Joint Review Panel is an important process through which Crown federal and provincial departments, agencies and ministers may engage in consultations with Indigenous groups in a coordinated manner that is integrated with the Joint Review Panel and regulatory review processes of the Project.
WHEREAS the Panel's Report and the record established through the joint review panel process will be an important source of information to support the federal and provincial governments' analysis of the Project's potential impacts on potential or established Aboriginal and Treaty rights.
WHEREAS the federal Minister of the Environment and the provincial Minister of the Environment acknowledge that the Project is located on First Nations lands that are currently part of a comprehensive Aboriginal title claim.
Request addition of the following definition:
"Indigenous Group means the "aboriginal peoples of Canada" within the meaning of section 35(2) of the Constitution Act, 1982." 5.1 The Joint Review Panel shall conduct its Request the following amendment in bold: review in a manner that discharges the requirements set out in CEAA 2012 and the 5.1 The Joint Review Panel shall conduct its requirements of the harmonization order made review in a manner that discharges the under section 3.1(2) of the EAA by the provincial requirements set out in CEAA 2012 and the Minister of the Environment. requirements of the harmonization order made under section 3.1(2) of the EAA by the provincial Minister of the Environment in a manner consistent with the requirements of section 35 of the Constitution Act, 1982. 5.4 …In seeking an amendment, the Joint Review Request the following amendment in bold: Panel may recommend to the Parties whether a public comment period on the proposed 5.4 In seeking an amendment, the Joint Review amendment is warranted. Panel may, after consultation with Indigenous groups, recommend to the Parties whether a public comment period on the proposed amendment is warranted. 10.6.. Request the following amendment in bold: (v) That the Proponent enter into one or more agreements related to the Project with any 10.6… person with respect to such matters as the (v) That the Proponent enter into one or more Minister considers necessary, agreements related to the Project with any person or Indigenous Group with respect to such matters as the Minister considers necessary,
TERMS OF REFERENCE
Existing Text Requested Amendments: 1.1. Generation PGM Inc. proposes to develop Request the following amendment in bold: and operate the Marathon Palladium Project (“Project”) approximately 10 kilometres north of 1.1. Generation PGM Inc. proposes to develop the Town of Marathon. and operate the Marathon Palladium Project (“Project”) approximately 10 kilometres north of the Town of Marathon, and 16 kilometres North of Biigtigong Nishnaabeg First Nation Reserve. 2.9. All information obtained by the Joint Review Request the following amendment in bold: Panel for the environmental assessment of the Project shall be made publicly available, unless 2.9. All information obtained by the Joint Review the Joint Review Panel determines that sections Panel for the environmental assessment of the 45(4) or 45(5) of CEAA 2012applies to the Project shall be made publicly available in the information provided by a participant. interests of transparency. The Joint Review Panel may determine that sections 45(4) or 45(5) of CEAA 2012 apply to confidential information provided by participants and establish procedures for balancing the interests of transparency and confidentiality.
ENVIRONMENTAL ASSESSMENT PROCESS
Existing Text Requested Amendment 3.3 Once submitted to the Joint Review Panel, the Request the following amendment in bold: EIS Addendum will be placed on the Public Registry and will be made available for public comments 3.3 Once submitted to the Joint Review Panel, the for a minimum of 60 days. The Joint Review Panel EIS Addendum will be placed on the Public Registry will request written comments from Indigenous and will be made available for public comments groups, the public, governments and other for a minimum of 45 days…. interested parties on the sufficiency of the information as measured against the EIS Guidelines and on the technical merit of the
Biigtigong Nishnaabeg
3.4 Within 30 days of the completion of the public Request the following amendment in bold: review of the EIS Addendum, the Joint Review Panel, taking into consideration the comments and 3.4 Within 20 days or less of the completion of the any information requests received and its own public review of the EIS Addendum, the Joint review of the EIS Addendum Review Panel….
3.7… Request the following amendment in bold: the Joint Review Panel, taking into consideration any comments and any information requests Section 3.7 … the Joint Review Panel, taking into received and its own review of the additional consideration any comments and any information information, will determine within 30 days requests received and its own review of the additional information, will determine within 20 days or less …
3.22 Request the following amendment in bold: The Joint Review Panel will submit its report to the federal and provincial Ministers at the earliest 3.22…The Joint Review Panel will submit its report possible date, and within the overall time limit to the federal and provincial Ministers within 90 established under CEAA 2012 days or less, following the formal close of the hearing process, and within the overall time limit established under CEAA 2012.