The Supreme Court of Canada’s landmark ruling handing Canada’s First Nations greater influence over the future of Canadian resource projects has shocked many resource entrepreneurs. While companies with projects in the approval process try to spin it as a favourable development, the statements of certain tribal leaders belie a resolve to block some projects outright.
But what if the whole ‘hand on heart, let’s solemnly recognize our unfair treatment of First Nations’ is just a thinly veiled 21st century analogue for glass beads and whiskey? What if the timbre of the strident opposition from First Nations against such national pet petro-projects as Northern Gateway, and the ‘Convert West Coast Canada into an Industrial Park’ LNG export terminals could be toned down even temporarily with a little carrot before stick?
Taseko Mines Ltd. (TSX:TKO), for example, issued a congratulatory press release in reference to the decision, and framing their conflict with the Xeni Gwet’in First Nation in terms of an “opportunity…for a constructive and mutually beneficial way forward for the New Prosperity Project“.
The proposed New Prosperity Mine was rejected by the Canadian Minister of the Environment in February this year – a decision applauded by the Xeni Gwet’in, who are a member tribe of the Tsilquot’in Nation – ostensibly on environmental grounds. However the broader perception was that this was the Feds stepping in to block a provincial fait accompli for fear of escalating First Nations tensions to blockade status.
Shares in Taseko Mines immediately rose on the news, indicating a perception on the part of investors that somehow the Supreme Court had just paved the way for New Prosperity Mine approval.
So does that First Nations actually now have the power to block final approvals for mining and energy projects in Canada?
That depends who you talk to. To hear Peter Gallagher, author of Resource Rulers explain it, it would certainly seem to be the case. “The Native empowerment movement consists of not a feeling, not a sense of optimism, but basically the tool box that empowers First Nations to define themselves – I use the term ‘Resource rulers’ – they basically can determine the outcome of just about all resource projects in Canada today”, he said on CBC’s First Story broadcast Sunday June 29, 2014.
Chief Joe Alphonse of the Tsilquot’in Nation nation said in an interview back in February that “I don’t think there’s any options for us. We’ve been dealing with this company since the early nineties,” he said. “We have all the ammunition we would need to challenge this in a court of law.” That was before the Supreme court ruling.
So where does the reality lie? With Taseko shares trading higher by about 10 percent since the news broke, one might be tempted to believe that the ruling is, in fact, a positive for the resource industry.
Avanti Mining Inc. (TSX.V:AVT) announced approval of its environmental assessment application granted by the Canadian Environment Minister on June 27, 2014. “The CEAA and federal Ministers also concluded that the Crown’s legal obligation to consult with First Nations and the Nisga’a Nation under chapter 10 of the Nisga’a Final Agreement, had been met,” the press release concluded.
Ian Mulgrew of the Vancouver Sun captured somewhat thoroughly the cynicism that will likely result if the elevation of First Nations’ status by the Supreme Court is actually a thinly veiled ploy to neutralize First Nations opposition just in time for the next phase of the Reject Northern Gateway campaign being joined by BC residents who oppose it.
“We can infringe on native title as long as we justify it as a necessary part of the reconciliation of Aboriginal societies with the broader political community of which they are part.”, he wrote.
Would the federal government of Canada use the Supreme Court to kneecap First Nations’ rights while creating the appearance of supporting them?
Nawww.
