Lecture Notes: Webinar on Indigenous Peoples and Resource Development

Date: [Enter Date Here]

Acknowledgment of Traditional Territories

• Treaty Seven Region in Southern Alberta includes Blackfoot Confederacy (Siksika, Piikani, and Kainai First Nations), Tsuut’ina First Nation, Stoney Nakoda (Chinooki, Bearspaw, and Wesley First Nations)
• Calgary is home to Métis Nation of Alberta, Region Three

Introduction to Webinar

• Topic: Canada's Indigenous Peoples and Resource Development
• Hosted by: School of Public Policy’s Extractive Resource Governance Program (ERGP)
• Objectives: Share Canada’s expertise in responsible and sustainable resource extraction
• Importance: Economic growth while maintaining social and environmental values; reimagining resource development within framework of reconciliation

Moderator Introduction

• Dr. Heather Exner Perot
  • 15+ years experience in Indigenous and Northern economic development, governance, health, and post-secondary education
  • Published and presented on Indigenous economic and resource development, urban reserves, telehealth

Main Cases Discussed

1. Blueberry River First Nations Case
   • Issue: Cumulative impacts of development violated treaty rights (Treaty 8)
   • Decision: BC Supreme Court agreed
   • Implication: Significant for understanding treaty rights and cumulative impacts
2. Ermineskin Cree Nation Case
   • Issue: Federal Minister’s designation order on Vista Coal Mine Phase Two Expansion
   • Decision: Federal court judged the process was unfair and mandated review
   • Implication: Highlights need for consultation and economic rights consideration
3. Grassy Mountain Case
   • Issue: Open-pit metallurgical coal mine proposal near Crowsnest Pass rejected
   • Decision: Joint federal-provincial review panel deemed not in the public interest
   • Implication: Appeals made due to flawed decision, economic rights considerations

Key Highlights from Blueberry River Case

• Cumulative Effects: Real and impactful, not hypothetical
• Rights Protection: Treaty rights as part of a way of life, not just discrete activities
• Regulatory Systems: BC's systems for oil, gas, forestry found lacking
• Establishing a high turn-around time of 5 years is notable for rights litigations

Sandy Carpenter’s Insights

• Importance of recognizing cumulative effects authentically
• Broader implications for other Treaty 8 First Nations
• Need for ongoing compliance and respect for cumulative effects conclusions

Ryan Robb’s Insights on Grassy Mountain Case

• Highlights Stoney Nakoda’s unique geographical concerns
• Importance of self-sufficiency for Indigenous communities
• Discussion around environmental remediation and economic opportunities

Carol Wildcat’s Insights on Ermineskin Case

• Focus on economic self-determination and growth
• Impact Benefit Agreements (IBAs) as extensions of Section 35 rights
• Need for true partnerships with industry

Dwight Newman’s Legal Analysis

• Blueberry River Case: Validity beyond Treaty 8, implications for other treaties
• Ermineskin Case: Significance in modern economic terms, challenge on paternalism, need for protecting IBAs
• Impact: Legal protections for Indigenous economic and developmental engagements

Questions and Discussion Summary

• Importance of recognizing Indigenous economic rights in policy frameworks
• Potential extensions of jurisprudence to non-treaty contexts
• Clarifications needed in newer policy acts e.g., Impact Assessment Act
• Broader implications for projects like Northern Gateway Pipeline and Oil Tanker Ban

Closing Remarks

• Need for ongoing dialogue and proactive consultation
• Encouragement of industry partnerships with Indigenous nations
• Emphasis on long-term legacies and self-determination

Note: The notes encapsulate the essence of each speaker's key points and case insights, focusing on the legal, economic, and cultural importance of the discussed issues. The transcripts should serve as robust reference material for understanding contemporary Indigenous rights in the context of resource development.