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The IMPORTANCE of the DUTY to CONSULT & ACCOMMODATE

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The IMPORTANCE of the DUTY to CONSULT & ACCOMMODATE The IMPORTANCE OF THE DUTY TO CONSULT & ACCOMMODATE “ As First Nations people, we are the protectors of the land. We uphold our responsibilities for our traditional territories for all future generations. We have never given up our inherent rights and entitlements which CHIEF PETER COLLINS Fort William First Nation supersede any legislative law.” FORT WILLIAM FIRST NATION Contents INTRODUCTION INTRODUCTION 1 The Anishinaabe Nation are the Indigenous regional commercial, transportation, medical, people who’ve lived in and around communications and education facilities. ABORIGINAL Northwestern Ontario for thousands of CONSULTATION AND years. An immense legacy of traditional The Thunder Bay International Airport, the ACCOMMODATION 4 knowledge, cultural beliefs, values, practices fifth busiest airport in Ontario, is a ten- and language has been conveyed by Elders minute drive from Fort William First Nation. ATTRACTING AND and is constantly changing and adapting for The Trans-Canada Highway runs through RETAINING ECONOMIC 1 the benefit of future generations. Thunder Bay accommodating a large volume DEVELOPMENT TO FORT of Trans-Canada trac. Port facilities on WILLIAM FIRST NATION 5 As one of the original signatories to the Lake Superior at the head of the Great Lakes Robinson-Superior Treaty of 1850, Fort and St. Lawrence Seaway system handle EARLY PEOPLE OF William First Nation’s land extends the north all types of cargoes and are served by the KITCHIGAMI (LAKE shore of Lake Superior to the height of land SUPERIOR) 7 Canadian National and Canadian Pacific separating the Great Lakes watershed from Railways, and major trucking companies. HISTORICAL TIMECHART the Arctic watershed. Under provisions of the FOR THE PEOPLE OF LAKE Robinson-Superior Treaty, the Fort William SUPERIOR 9 Reserve was created in 1853. Today, almost 2,200 members live on or o reserve with ENTERPRISE AT FORT governance by an elected Chief and Council. WILLIAM FIRST NATION 20 Fort William First Nation is located at the THE MEDICINE WHEEL, 21 geographical centre of North America, THE FOUR SEASONS & adjacent to the City of Thunder Bay. THE MOONS The area is a vital gateway to the north, all of Canada and the American Midwest. Fort William First Nation is well positioned to drive diverse First Nation economic development with excellent access to N Kakabeka Falls MCKELLER ISLAND Thunder Bay MISSION ISLAND Present-Day Lake Superior Fort William Original Reserve First Nation 2 Boundaries Negotiated Reserve in 1850 PIE ISLAND FLATLAND ISLAND FORT WILLIAM Original Reserve Boundaries FIRST NATION Negotiated in 1850 Fort William First Nation HISTORIC AND Reserve as of 2010 PRESENT DAY Owned by the Fort William LAND BOUNDARIES First Nation Development Corp. This map is for reference purposes only. 3 ABORIGINAL CONSULTATION AND ACCOMMODATION Understanding the history of Aboriginal may also play a role in fulfilling the duty to decisions may adversely impact First Nations’ people, adhering to the duty to consult, consult; that high level strategic decisions may treaty rights. Activities include Impact Benefit building respectful relationships, strengthening now trigger the duty to consult; and, that the Agreements in mapping traditional land to full community engagement, conducting duty applies to current and future activities equity partnerships on multi-million dollar meaningful consultations, negotiations and not historical infringements. projects. While the duty to consult ultimately and agreements in solid business structures lies with the federal or provincial Crown, In December 2015, the Truth and Reconciliation help build equitable, positive and mutually the Supreme Court of Canada has stated Commission’s “Calls to Action” asked “the beneficial sustainable relationships that a Crown can delegate some matters of 4 corporate sector to adopt the United Nations between Aboriginal communities and consultation to private parties, such as Declaration on the Rights of Indigenous project proponents. industry stakeholders. Peoples as a reconciliation framework and to HISTORICAL OVERVIEW apply its principles, norms, and standards to DEVELOPMENT ON FORT WILLIAM In November 2007, the Canadian government corporate policy and core operational activities FIRST NATION TRADITIONAL TERRITORY announced a federal Action Plan to address involving Indigenous peoples and their lands Fort William First Nation has treaty rights issues of Aboriginal consultation and and resources”. over the whole area of the Robinson- accommodation. The Consultation and Superior Treaty area, from the north shore WHAT THE DUTY TO CONSULT of Lake Superior to the height of land Accommodation Unit was established within AND ACCOMMODATE MEANS separating the Great Lakes watershed Aboriginal Affairs and Northern Development The legal duty to consult and accommodate from the Arctic watershed. Canada (AANDC) in early 2008 to implement with Aboriginal peoples in Canada arises the Action Plan. In more recent decisions, the when the Crown contemplates actions or In most cases the duty to consult is obligatory Court explained that: the duty to consult is a decisions that may adversely impact an when the proposed activity occurs in Fort constitutional duty; applies in the context of Aboriginal person’s constitutionally protected William First Nation traditional territory. An modern treaties; officials must look at treaty Treaty rights. Obtaining the prior and engaged consultation process with assurance provisions first; and where treaty consultation informed consent of Aboriginal people before that relevant studies are conducted prior to provisions do not apply to a proposed activity, proceeding with economic development exploration work and development is critical to a “parallel” duty to consult exists. The Court projects arises most often in the context of managing the impact of resource projects and has also clarified, that depending on their natural resource extraction such as mining, realizing the benefits. mandate, entities such as boards and tribunals forestry, oil, and gas when Crown land ATTRACTING AND RETAINING ECONOMIC DEVELOPMENT TO FORT WILLIAM FIRST NATION Fort William First Nation is committed to continuing robust, respectful and diversified growth and development to build capacity, create jobs, strengthen infrastructure and improve quality of life. FWFN’s Five-Year Economic Development Plan 2014-2019, is a multi-phased project to strategically improve FWFN’s economic stability and future well being by building strong partnerships with multiple levels of government and private enterprise. KEY ACCOMPLISHMENTS ON FORT WILLIAM FIRST NATION TRADITIONAL LANDS 5 • FWFN built and leases three office 1,100 acres of industrial land originally SkyPower Limited for the development buildings. The main tenant of the largest expropriated in 1905 by the Grand Trunk of a solar park located on approximately building is Public Works Canada (sub- Pacific Railway. FWFN constructed an 88 acres of land near the First Nation. leased to Indian and Northern Affairs $18 million building that was leased to Completed in 2010, the development hosts Canada Regional Office). The head office Abitibi Bowater to house its $60 million in an estimated 45,000 solar panels which of Wasaya Airways, the Royal Bank of state-of-the-art sawmill equipment. First will generate enough clean energy over Canada and the Union of Ontario Indians Nation members were employed during the 20 years to power approximately 17,000 are in a second building. The third building construction phase and afterwards. About average homes for one year. The project is leased to Dilico Anishinaabek Family 600 acres of the land remains vacant contributes significantly to FWFN through Care as its main site. with parcels leased to Canadian National the creation of hundreds of local jobs and Railways for its tracks and a rail/ship (Lake direct and indirect economic benefits. • The FWFN Arena’s two rinks and fitness Superior) transfer facility, Coastal Steel centre are utilized by First Nation and • In 2015, a $3 million project for the Mission Construction Ltd, Sterling Pulp Chemicals non-Aboriginal hockey teams. Road Rehabilitation and Resurfacing Ltd, McAsphalt Industries Ltd and a number Project for infrastructure improvements to • The FWFN Community Centre & Board of other corporations. the road, ditches, culvers and walkways on Room is used for recreation, education and • Fort William First Nation’s Solar Park is 3.1 km of Mission Road from FWFN Arena training for all ages. There are licensed one of the first utility-scale solar parks to City Road was completed. banquet facilities for 700. to be developed on Indigenous peoples’ • In June 2015, the Fort William First • In July 1999 through a transfer of title with lands. In February 2010, FWFN signed an Nation celebrated the grand opening Canadian National Railway, FWFN regained agreement with the Canadian company, of the revitalized Pow Wow Grounds on Anemki Wajiw. The improvements • Eight homes for the FWFN and Oshki- 6 included the construction of a Pow Wow Aski LP partnership for the development Circle, bleachers, an MC stand, Elders of a 21-unit subdivision on a 4.6 hectares area and a sheltered area. FWFN’s Joint location on Little Lake Road will be Venture Partnership firm, Oshki-Aki LP completed in fall 2016. led the initiative to manage the concept, • FWFN has been engaged in preliminary design and construction. Oshki-Aki LP discussions for alternative energy was established to assist the community production (bio-fuels,
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