Planning It Right: Responsible Mining and Indigenous Planning In Post Tsilhqot’in Decision British Columbia Christopher Carter MSc. , Malcolm Scoble Ph.D 1
2
1. SCARP – School of Community and Regional Planning | ( e.) cj@cj-carter.com 2. NBK – Norman B. Keevil Institute of Mining Engineering | ( e.) malcolms@mining.ubc.ca
3. Findings
1.Introduction
Today in Canada more than 1,200 Aboriginal communities are located within 200km of producing mines (Prospectors and Developers Association of Canada, 2006). Of 41 proposed and active mineral development projects in British Columbia all are situated on traditional territories of indigenous peoples, 70% of which remain in the process of negotiating modern treaties(AANDC, 2015). Active mineral developments in these territories contribute significantly to provincial government revenue, bringing in $467 million even as global mineral prices slumped during the 2014 fiscal year (PwC Canada, 2015).
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Table 2. Mine Score Evaluation
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Multi-Criteria Performance
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Figure 3. Indigenous Planning Approaches
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‘Aboriginal title exerts exclusive right to decide how the land is used and the right to benefit from those uses, subject to the restriction that the uses be consistent with the group nature of the interest and enjoyment of the land by future generations’
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4. Recommendations
-Tsilhqot’in Nation v. British Columbia, 2014 SCC 44, [2014] 2 S.C.R. 256
2. Methodology
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2.1 Literature review of emerging indigenous planning publications, ICMM good practices with indigenous peoples(2015), IFC Equator Principles, and Global Reporting Initiative sustainability reporting criteria were reviewed. These provided a foundation for evaluation and a strategic approach and covered brundtland report definitions of sustainable development, human and indigenous rights, integrated land use planning and good governance.
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Informed by the literature review, legal analysis and evaluation a set of mine planning directions are integrated into a Strategic Approach in Figure 1 at left and are grounded in the following areas : 1. Recognition of Indigenous Planning Documents as mining happens on or near lands with indigenous title. Much work can be done on behalf of indigenous governments to prepare policy and documents that mainstream if, how and where mining can occur. These include comprehensive community, land use, wildlife management and local economic development plans and proper mining policies (i.e. Tahltan, Tsilhqotin and Taku River Tlingit Nations).
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2. Finance Early Consultation and Meaningful Participation to open lines of communicaution, build trust and the footings of a social license to operate. The proposed process worls well for full cycle companies but junior companies looking to sell to a major company can leverage this investment as a value-added asset in acquisition and negotiations, reducing ambiguity and risk in investment, securing local labor and opening communications. Central participation is inclusive participation of both Indian and Northern Affairs Canada and traditional defined governance systems(i.e. Kehoe, Bah’lats and clans) along with a representative cross-section of the local community.
2.2 Legal Review of the Tsilhqot’in decision and relelated key case is seen in Table 1 below.
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2.3 Document Evaluation
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One gold-copper mine and adjascent two First Nations in Northern British Columbia were selected for evaluation based on document availabile open source and online planning documents from the mining company and adjascent First Nations were evaluated and coded.
2.4 Mine Score Evaluation We employed content analysis methodology to evaluate a sample of CSR reports, land use plans, CCPs, EA studies, public comment and land codes around the copper-gold mine. The first step involved constructing a protocol of items to measure the presence or absence of particular features in the documents. General plan evaluation criteria have been developed by planning scholars (Baer, W C., 1997) (Kaiser, E J. & Davies, 1999). Adaptations of the evaluation to indigenous planning contexts was also referenced (Berke, Philip R., Ericksen, N, & Crawford, J, 2002). Each item in the protocol was given a binary scoring system, with a score of 1 being interpreted to mean that the item was found to be present in a document and a score of 0 being interpreted to mean that the item was not found to be present. A preliminary assessment is presented in the Table 2.
Figure 2.
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Historically disputed land claims, a lack of clarity in protected areas and poor government-to-government relations remain barriers to mineral investment and indigenous natural resource governance in the province. Meanwhile, supreme court cases such as Tsilhqot’in v. British Columbia (2014) have extended rights, title and land management for Aboriginal peoples beyond areas of intensive use granting 14,000 hectares back into Aboriginal control but leaving caveats for conditional intervention by government. This case sets a precedent for future Aboriginal efforts. Mining companies operate in this middle ground. To meet new legal terrain, an implied Duty to Consult and sustainable development in the name of reconciliation we propose a value-focused and strategic approach to the mine development process informed by principles of indigenous and responsible mining informed by planning theory, land use and technical mine planning.
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Initial findings in mine plan evaluation present strong policy and participation provisions. Overall the mine scored at the lower third percentle and can make improvements to increase performance by strengthening engagement of traditional governance systems, local social perception of the mine and impact study. The First Nation can strengthen traditional use mapping and planning activities and policy related to mineral resources.
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Figure 1. A Strategic Approach To The Mine Life Cycle (Carter & Scoble, 2014)
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2.5 Creation of A Strategic Approach
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Given best practices illustrated in peer-reviewed literature, legal precedent and the strengths and weaknesses presented in Mine Score plan evaluation, a strategic approach was created to synthesize findings and provide reference for innovation in indigenous planning and responsible resource development of mineral resource deposits in British Columbia. Figure 1 presents these additions overlayed on current mine cycle planning (in grey).
References: Ali, S. (2009). Mining, the environment, and indigenous development conflicts. Tucson: University of Arizona Press. Baer, W C. (1997). General Plan Evaluation Criteria: An Approach to Making Better Plans. 63 (3): 329–344. Journal of the American Planning Association, 63(3), 329–344. Baker, D C, & McLelland, JD. (2003). 03. Evaluating the effectiveness of British Columbia’s environmental assessment process for first nations’ participation in mining development. Environmental Impact Assessment Review, 23(5), 581–603. Berke, Philip R., Ericksen, N, & Crawford, J. (2002). Planning for Indigenous People: Human Rights and Environmental Protection in New Zealand. Journal of Planning Education and Research, 22(2), 115–34. Booth, A., & Skelton, N. (2011). Improving First Nations’ participation in environmental assessment processes: recommendations from the field. Impact Assessment and Project Appraisal, 49–58. Chataway, C. (2002). Successful Development in Aboriginal Communities: Does it Depend upon a Particular Process? The Journal of Aboriginal Economic Development, 3(1). Fidler, C., & Hitch, M. (2007). Impact and Benefit Agreements: A Contentious Issue for Environmental and Aboriginal Justice. Environments. Gibson, G., & et. al. (2011). Cultural Considerations for Mining and Indigenous Communities. In SME Mining Engineering Handbook (3rd ed., p. 3997). Society for Mining, Metallurgy, and Exploration, Inc. Kaiser, E J., & Davies, J. (1999). What a Good Plan Should Contain: A Proposed Model. Carolina Planning, 24(2), 29–41. Keeney, R. (1996). Value-Focused Thinking: A Path to Creative Decisionmaking. Cambridge, MA: Harvard University Press. Keeney, R., & Raiffa, H. (1976). Decisions with Multiple Objectives: Preferences and Value Tradeoffs. UK: Cambridge University Press. Natcher, D., Walker, R., & Jojola, T. (2013). Reclaiming Indigenous Planning. Montreal & Kingston: McGill-Queen’s University Press. Prospectors and Developers Association of Canada. (2006). A strategy to consider long-term competetiveness of the mineral industry. PwC Canada. (2015). Proving Resilient: The Mining Industry in British Columbia 2014 (p. 32).
Acknowledgements:
This research was supported by a NSERC Discovery Grant and an inter-departmental research appointment between the School of Community and Regional Planning
(SCARP)and the Norman B. Keevil Institute of Mining Engineering at the University of British Columbia. Special thanks to Ann Marie Sam of the Nak’azdli First Nation and UBC Ph.D Student Jocelyn Frasier for guidance. This research was conducted on the traditional unceded territories of the Musqueam people.
3. Evaluate Mine Planning using the Mine Score approach to evaluate the readiness and capacity of the mining company and local indigenous planning institutions. 4. Support Traditional Use and Occupancy Mapping to ground Aboriginal title as it is not confined to specific sites of settlement but extends to tracts of land. Robust and defensible traditional land use maps are a first step for First Nations to exert title and grant clarity to mineral development planning and negotiations based on recorded traditional land uses and occupancy. 5. There is need for a Third Party Convener such as an external planning firm to coordinate a neutral ground, analyze indigenous plans and traditional use maps and facilitate the core stakeholder committee. This can ensure that a platform is created where power discrepancies can be addressed between and amongst stakeholders.
5. Closing and Future Work The Tsilhqot’in decision brings promise for Aboriginal communites in a reasseertion of rights and title and offers clarity for mineral development companies. Taking a values-based approach allows an understanding why and how people act and opportunity for First Nations to express socio-culturally relevant development objectives and preferences(Ralph Keeney, 1996)(R. Keeney & Raiffa, 1976). Economic, environmental and social outcomes are very much tied to processes that build trust and social capital between actors(Chataway, 2002)(Gibson & et. al., 2011). The next steps for this area of research in BC includes the following: -Pricing Study of proposed stratgic planning approach and comparison to conflict cost using montecarlo simulation. -Mine Score variables can be expanded tinto a robust suite of measures including social liscence to operate indicators. Comparative study to other copper-gold sites is the logical next step. -Application of Strategic Approach to a pilot mine using indicators and evaluating processes and outcome performance. As interaction is inherent in mine development, a process that builds working relations early,in good faith, is an valuable investment for both parties and responsible mining outcomes.