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ABORIGINAL COMMUNITY ENGAGEMENT: a GUIDEBOOK the Association for Mineral Exploration British Columbia Would Like to Thank Our Generous Sponsors

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ABORIGINAL COMMUNITY ENGAGEMENT: a GUIDEBOOK the Association for Mineral Exploration British Columbia Would Like to Thank Our Generous Sponsors $ +10taxes MINERAL EXPLORATION, MINING AND ABORIGINAL COMMUNITY ENGAGEMENT: A GUIDEBOOK the Association for Mineral Exploration British Columbia would like to thank our generous sponsors guidebook Mineral Exploration, Mining and Aboriginal Community Engagement By Dan Jepsen, Bob Joseph, Bill McIntosh, Bruce McKnight Presented by: In association with: Association for Mineral Exploration British Columbia (AME BC) Suite 800 - 889 West Pender Street | Vancouver, BC V6C 3B2 Phone: 604-689-5271 Fax: 604-681-2363 www.amebc.ca Email: [email protected] Cover: Top photo courtesy of Kirstie Simpson, Natural Resources Canada Bottom photo courtesy of Jamel Joseph, Natural Resources Canada guidebook Mineral Exploration, Mining and Aboriginal Community Engagement Presented by: In association with: AUTHORS Dan Jepsen, President & CEO, Association for Mineral Exploration British Columbia (AME BC) Bob Joseph, Principal, Indigenous Corporate Training See acknowledgements and the back cover for listing of our generous funding sponsors. Bill McIntosh, Principal, Clean Communication Bruce McKnight, Minerals Advisor MINERAL EXPLORATION, MINING AND ABORIGINAL COMMUNITY ENGAGEMENT: A GUIDEBOOK MINERAL EXPLORATION, MINING AND ABORIGINAL COMMUNITY ENGAGEMENT: A GUIDEBOOK ACKNOWLEDGEMENTS FOUNDING PARTNERS: Association for Mineral Exploration British Columbia (AME BC) MINERAL EXPLORATION, MINING The founding partners of “Mineral Canadian Business for Social AND ABORIGINAL COMMUNITY Exploration, Mining and Aboriginal Responsibility (CBSR) ENGAGEMENT: A GUIDEBOOK Community Engagement (MEM-ACE): A Guidebook” are pleased to present Copyright ©2005, by SPONSORS: this work as a contribution to the BC & Yukon Chamber of Mines Alcan Inc. (now AME BC) development of mutually beneficial Almaden Minerals Ltd. relationships between Aboriginal Readers may reproduce any part of this Ashton Mining of Canada Inc. communities and the mineral explo- document for non-commercial use with Barrick Gold Corporation ration, mining, and resource sectors. complete reference and crediting to the BC Hydro Association for Mineral Exploration Blake, Cassels & Graydon LLP British Columbia (AME BC). We are also pleased to acknowledge the Bull Housser & Tupper First Edition, 2005 financial support of the Guidebook’s Cameco Corporation Second Printing, 2006 sponsors. DeBeers Canada Inc. All names and logos are (registered) Eagle Mapping Ltd. trademarks of their respective holders. Finning (Canada) All rights reserved. Fraser Milner Casgrain LLP Graymont Western Canada Inc. Please forward inquiries to: AME BC Government of British Columbia Suite 800 - 889 West Pender Street Hard Creek Nickel Corporation Vancouver, BC V6C 3B2 Indian and Northern Affairs Canada Phone: 604-689-5271 Kennecott Canada Exploration Inc. Fax: 604-681-2363 Email: [email protected] Klohn Crippen Berger www.amebc.ca Natural Resources Canada Northern Trailer Ltd. ISBN: 0-9738395-0-3 NovaGold Resources Inc. Library and Archives Canada Cataloguing in Pacifica Resources Ltd. Publication Placer Dome Inc. Plutonic Power Corporation Inc. Mineral exploration, mining and Aboriginal com- Polaris Minerals Corporation munity engagement: guidebook/by Dan Jepsen...[et al.]. Prospectors and Developers Association of Canada ISBN: 0-9738395-2-X Redfern Resources Ltd. Rimfire Minerals Corporation 1. Mineral industries--Canada, Northern.--Citizen participation. Royal Bank of Canada 2. Indians of North America--Canada, Northern. I. StrataGold Corporation Jepsen, Dan II. Association for Mineral Explaration Syncrude Canada Ltd. British Columbia Talisman Energy Inc. E98.I5M56 2006 338.2’089’9719 C2005-907797-2 Teck Cominco Ltd. Western Economic Diversification Printed on 100% Post Consumer Waste Recycled Paper Canada Western Keltic Mines Inc. MINERAL EXPLORATION, MINING AND ABORIGINAL COMMUNITY ENGAGEMENT: A GUIDEBOOK MINERAL EXPLORATION, MINING AND ABORIGINAL COMMUNITY ENGAGEMENT: A GUIDEBOOK PREAMBLE Finally, we proudly recognize the many Marlene Mathison, More than two years in the making, hours of effort, energy and commit- Association for Mineral Exploration the Working Draft of the MEM-ACE ment dedicated to this project by the British Columbia (AME BC) Guidebook was first released in January, following individuals through AME Dean McDonald, 2005 at “MINERAL EXPLORATION BC’s First Nations and Community Committee Bay Resources Ltd. ROUNDUP 2005”, the world’s second Relations Committee. largest mineral exploration conference. Bruce McKnight, Minerals Advisor Hosted by the BC & Yukon Chamber of Without the support of these Harlan Meade, Yukon Zinc Corporation Mines (now AME BC) in Vancouver, B.C. organizations and individuals, the Roundup 2005 was attended by over production of the MEM-ACE Guidebook John Murray, 5,000 delegates from 29 countries. Murray Geological Services would not have been possible: In February, 2005, the Working Draft Jamie Pardy, was presented at the Aboriginal The MEM-ACE Guidebook is divided Brian Abraham, Ministry of Energy, Mines Engagement and Sustainability into two parts – “PART I: ABORIGINAL Fraser Milner Casgrain LLP and Petroleum Resources Conference, hosted in Vancouver by HISTORY AND BACKGROUND”; and CBSR, and drawing presenters from as “PART II: MINERAL EXPLORATION, Don Bragg, Prospector Robert Quartermain, Silver Standard Resources Inc. far away as New Zealand. MINING & ABORIGINAL COMMUNITY Bob Carmichael, ENGAGEMENT – Case Studies, Pointers, EuroZinc Mining Corporation Leilah Tate, Independent Consultant More than 700 copies of the Working Practical Advice and Best Practices.” Draft have been distributed, and input Mike Casselman, Randall Yip, Chartered Accountant Designed and published as a com- Candente Resource Corporation has been gathered from a broad range panion piece to this Guidebook is of Aboriginal, industry and government “BUILDING SUSTAINABLE RELATION- Sue Craig, NovaGold Resources Inc. sources. That input has been carefully SHIPS: 11 Case Studies and 4 Presentations Mike Farnsworth, reviewed and represents a significant Delivered at The Aboriginal Engage- D.J.M. Farnsworth & Associates contribution to the current version of ment & Sustainability Conference” the MEM-ACE Guidebook. We are (the AES Case Studies). Shari Gardiner, Hunter Dickinson Inc. proud to present this work as the Michael Gray, expression of considerable collaborative As the MEM-ACE Guidebook was born Pacific International Securities effort; we hope that it is received and of British Columbia experience, it used as a living document, to be contains considerable material Dan Jepsen, enriched in future editions by broad grounded in that context. We trust Association for Mineral Exploration British Columbia (AME BC) discussion and feedback. that readers in other jurisdictions will recognize that many of the principles Dave Lefebure, developed from that experience are Ministry of Energy, Mines transferable, and we look forward to and Petroleum Resources receiving feedback to help us to expand Egil Livgard, Retired the perspective of future editions. MINERAL EXPLORATION, MINING AND ABORIGINAL COMMUNITY ENGAGEMENT: A GUIDEBOOK table of contents GLOSSARY OF TERMS i PART I: ABORIGINAL HISTORY Mining’s Aboriginal Engagement AND BACKGROUND Progress: Introduction 1 AME BC – Ten Principles for Sustainable Pre-Contact History 1 Relationships Between the Mineral Contact History 3 Sector and First Nations 51 Post-Contact History 4 Constitutional History Overview 11 Progressive, Profitable Partnership: BNA Act 11 Three Case Studies Indian Act 11 Introduction 53 Assimilation Policy 11 Case Study 1: Vancouver Women’s Status 12 Island’s Eagle Rock Quarry Potlatch Law 12 Project: A Modern Industry- Residential Schools 12 First Nations Mining Land Claims and Partnership 54 Aboriginal Protests 14 Case Study 2: Building Trust and Other Legislation 15 Value Over the Long Haul 59 Push for Indian Act Reform Case Study 3: Alaska’s Red and Greater Aboriginal Control 15 Dog Mine: Co-operative The White Paper of 1969 15 Development 61 Canada’s Constitution Act 16 Major Court Cases 17 Pointers, Practical Advice & Aboriginal Population 33 Corporate Best Practices 65 Aboriginal People Yesterday Introduction – Minerals and Today 35 Exploration: Mining’s ‘First The Treaty-Making Process in Impression’ 65 British Columbia 38 Aboriginal Engagement Partnership – Shared Resources Context: Business and Legal and Success 46 Case 66 Resource Expo 2004 46 Pointers 67 Practical Advice 75 PART II: MINING & ABORIGINAL Corporate Best Practices 77 COMMUNITY ENGAGEMENT: Case Studies, Pointers, Practical Advice Useful First Nations & Mining Contact and Best Practices 49 Information 82 Introduction 49 Mining’s Economic Impacts 49 Mining’s Aboriginal Engagement Progress: The Whitehorse Mining Initiative (WMI) 50 MINERAL EXPLORATION, MINING AND ABORIGINAL COMMUNITY ENGAGEMENT: A GUIDEBOOK MINERAL EXPLORATION, MINING AND ABORIGINAL COMMUNITY ENGAGEMENT: A GUIDEBOOK “… the existing aboriginal and treaty Band The Indian Act defines “band”, blood lines or other cultural protocols, glossary of terms rights of the Aboriginal people of in part, as a body of Indians for whose similar to European royalty. Canada” by section 35 of The use and benefit in common, lands have Aboriginal Consultation The Constitution Act, 1982, to the facts of been set apart. Each band has its own Impacts and Benefits Agreement Crown has a legal duty to engage in the particular case, determines the governing Band Council, usually con- (IBA) A broad term used to describe meaningful consultation whenever
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