Volume 2 - Issue 4 ///// June/July 2013
Celebrating aboriginal business
Leaders $50 Million
building planned for Prince Rupert, BC
+
economic leadership summit
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Access to Capital It’s More than Dollars and Sense
a b o r i g i n a l m a r k e t p l a c e . c o m
EXCELLENCE Excellence is the only option. At Westkey we do not celebrate mediocrity. Instead we invest in the best and strive for perfection in quality of service and products. Setting the bar as high as we have assures that customer expectations are exceeded.
Westkey is a proud supporter of First Nations and First Nations business in Canada.
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///// COVER STORY 22 Celebrating leaders ///// IN THIS ISSUE
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04 05
Cando Inspiring Success
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$50 Million mixed use building planned for Prince Rupert, BC
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CESO-SECO Volunteering your professional experience
15 Publisher 2G Group of Companies geoff@2ggroup.ca
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Managing Editor Marlon Louis editor@aboriginalmarketplace.com Design / Production Tina Skujins tina@2ggroup.ca
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Advertising Sales Marlon Louis editor@aboriginalmarketplace.com Contributors Neil Philcox, Paul Clemenets Hunt, Keith Henry, Merle Alexander, Jennifer Filson, Lori Simcox, Raminder Grewal, Shain Jackson, Albert Quinn & Frank Busch.
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2013 PRODUCTION SCHEDULE Sept/Oct and Nov/Dec Distribution Aboriginal Marketplace is published by 2G Group of Companies ©2012 all rights reserved. The magazine is distributed online in Canada and the United States. The views expressed in the Aboriginal Marketplace are those of the respective contributors and not necessarily those of the publisher or staff. www.aboriginalmarketplace.com
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Access to Capital It’s More than Just Dollars and Sense
NK’MIP Make it a desert adventure
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National Aboriginal Economic Leadership Summit returns to NK’MIP Resort
20 22 23 24 25 26 27 28
NABOC Osoyoos year 5
The New Terra Nullius (and what to do about it)
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ADAMS LAKE INDIAN BAND (ALIB) OPEN FOR BUSINESS
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The First Nations Finance Authority (FNFA)
///// features 08 Keeping it Riel 18 Environmental Monitor 21 Legal Eagle
Membertou - First nation
Grand Council of the Crees Tsleil-Waututh Nation Denendeh Investments Squamish nation Whitecap Dakota nation
25 Aboriginal Marketplace - June/July 2013 3
Inspiring Success Hi, my name is Anita Boyle and I am the Eastern Education and Research Manager for Cando. I earned my Cando certification in 2007 while I was a practicing EDO for my First Nation community of Metepenagiag, NB. I immediately understood the benefits of Cando certification as I was able to function more effectively in my role as EDO. When I began my job as EDO, I did have a degree in Arts and Education but soon realized that I lacked the business skills I required. Cando’s training helped me to feel confident in navigating the often complex world of community economic development. Cando’s certification program equips individuals with the skills required to operate effectively in their roles. Cando’s
16 core competencies at the Technical level cover key topics such as marketing, organizational behavior, business planning, strategic planning, economics, financial and managerial accounting to name just a few. In addition, EDOs can become certified at the Professional level, which builds on the Technical certification and involves an additional course and a case study. EDOs who have been working in the field of economic development for more than 10 years may apply to become grandfathered into their professional certification. In addition, those with 5 years of experience supplemented by a degree may also apply to be grandfathered in. If you are an EDO, Cando certification will help you in performing your role!
Cando delivers customized training direct to your community or region, for more information, please contact Delilah Mah at Delilah.mah@edo.ca or check out our website at www.edo.ca
Anita Boyle
Eligibility Requirements
C ON N E C T I N G Y OU R P OS T S E ON D AR Y E D U C A T I ON T O T HE F I N A N CI A L R E S OU R C E S Y OU N E E D
submit your scholarship application today to download application form visit www.edo.ca
Priority will be given to those students that are enrolled in one of the Cando accredited institutions. Must be a Cando student member. Attending or currently enrolled in a post secondary institution. Proof of Aboriginal ancestry Studying in the fields of: Business Administration/ Economics, Business Finance, Business Management, Natural Resources or CED.
Cando Website
ENTRY DEADLINE SUBMISSION July 31, 2013
To learn more about previous scholarship recipients or other Cando program and services or to download the scholarship application form visit the Cando web site at edo.ca
A P P L I C A T I ON A TT A C HM E NT S
Cover letter outlining a personal introduction, educational level achieved to date and your community involvement. A copy of the official transcripts -submit a copy of your most recent transcripts. Proof of current enrollment. 2 Letters of Support (preferably academic references) Essay describing career goals and aspirations (2 pages) Application Form - ensure all information is filled out and signed. Incomplete applications will not be accepted. Short (150 word bio) and photo Proof of Aboriginal ancestry (Indian Status card, Métis card, Inuit Beneficiaries card)
N I E EF HIS T OR Y The National Indigenous Economic Education Fund (NIEEF) is a formally registered charity with the Canada Customs and Revenue Agency. NIEEF is the charitable organization of Cando. NIEEF provides scholarships, training, research funding and projects for students aimed at increasing awareness and creating a positive environment for Aboriginal economic development. 4 Aboriginal Marketplace - June/July 2013
Email Delilah Mah Education & Research Manager Western Canada Email: delilah.mah@edo.ca 9635-45 Avenue Edmonton, AB T6E 5Z8 Phone: 780.990.0303/ 1.800.463.9300 Fax: 780.429.7487
Access to Capital It’s More than Just Dollars and Sense By Paul Clements-Hunt & Neil Philcox The Blended Capital Group
When capital is mentioned, especially in the context of Aboriginal economic development, the focus of the discussion is often two dimensional. The first dimension is that capital, to most people, is just about the financial capital required for a project, investment, or expenditure (“show me the money�). The second dimension of the discussion is usually about the challenges
mandate. For example, the development of the climate bond market is about financing the transition to a low-carbon economy, while the rapid growth of social impact investing is focused on projects with high social or community impact. Seekers of capital need to think more strategically about the value proposition of their projects to incorporate a wider set of values, where
Before making the link between types of capital and value, it is important to discuss the goals or objectives that are often intertwined with Aboriginal economic development projects. and mystery of how to access capital. In reality, there are many forms of capital, and many ways to access financial capital, with the right value proposition. The relationship between capital and value is critical, mainly because it defines what is valuable to both seekers and suppliers of financial capital. Not all suppliers of financial capital are interested only in the return on equity or the interest rate on a loan. Suppliers of capital across the spectrum of ecological values, social/justice values, and economic values all look for projects that match their
possible. In this regard, The Blended Capital Group was established to advise communities on the best possible value proposition for their projects, and to match them with the most appropriate suppliers of capital across the spectrum of values. Before making the link between types of capital and value, it is important to discuss the goals or objectives that are often intertwined with Aboriginal economic development projects. Ownership, control, management and access to land and resources in a traditional territory is often Aboriginal Marketplace - June/July 2013 5
longer time frame. The same might be said of the acquisition of lodges on the coast of British Columbia. Access to employment and income for the community is important; so is the ability to monitor salmon stocks and maybe diversify the activities of the lodge in other areas, such as eco-tourism or cultural experiences. Even in the case of a property development, which is very financially oriented, most
of capital, the greater the flow or yield of benefits from that stock of capital. One example that most communities are familiar with is fish stocks (natural capital); a longterm sustainable harvest of salmon is only possible if the stock of salmon returning to spawn each year is the same or larger. Since contact, fish stocks were fished down to maintain the industrial harvest yield, and many stocks are now so depleted that
Aboriginal communities are in a powerful position to deploy their various form of capital to great effect. residential or commercial development on Aboriginal land takes the form of long-term leases, not transfer of title to the land, which remains with the community. From a capital (or asset) perspective, there are at least eight forms of capital, all of which are relevant to Aboriginal economic development projects: natural capital, legal/political capital, institutional capital, social capital, cultural and knowledge capital, human capital, physical capital, and financial capital. Across all these forms of capital, the goal is the same – to increase the stock of capital (or asset base). Simply put, the greater the stock of any one form
a powerful driving force behind many projects. For example, the acquisition of a forest tenure/license or private woodlot in a traditional territory is about much more that the financial return on the asset. It’s about maintaining the long-term integrity of the traditional territory, usually across multiple values, not just the value of the harvested timber. Essentially, purely commercial operators are interested only in the timber value, harvested on five year cycles, whereas an Aboriginal community may be interested in economic, social, cultural and natural values over a much
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Publishing coast to coast for over 22 years. 6 Aboriginal Marketplace - June/July 2013
a sustainable fishery is impossible until the stocks are rebuilt. Another example is the effort now focused on capacity building and training of Aboriginal members to provide management and other functions in communities. This effort is about increasing the knowledge and experience (knowledge
many stocks are now so depleted that a sustainable fishery is impossible until the stocks are rebuilt.
capital) of a community or institution, as well as the skill levels of individuals to use that knowledge (human capital) for the benefit of the community. Identifying as many forms of capital a project is trying to affect, and why they are important to the Aboriginal community is a powerful way to demonstrate the value of the project above and beyond financial returns. Make no mistake, good governance, management and financial viability are important components of a sustainable project or business; however, by broadening the value proposition beyond a single financial value, the pool of potential financial partners expands. In the case of larger projects where the focus of an Aboriginal economic development opportunity is tied to external drivers (e.g. transport, energy, industrial and property development projects), Aboriginal communities are in a powerful position to
deploy their various form of capital to great effect. When a new project is proposed in a traditional territory, there is a duty to consult and accommodate. Increasingly, there is an opportunity to participate beyond the terms of an impact benefit agreement. There is great value in having
an Aboriginal partner at the table early on, especially when the Aboriginal partner is able to deploy their political capital to “get things done” (e.g. reduce the application time of a permit, negotiate directly with
governments, etc.), or provide their natural capital (e.g. land) to the project, or provide long-term labor (human capital). In many of these cases, the capital deployed by the Aboriginal community is in the early development phase of the project. That is the best time to negotiate the most favorable valuation and equity or profit share in the project. Remember, the project proponent needs the support and participation of the Aboriginal community to save time and money, increase the likelihood of approval, and for the long-term stability of the project. It is also the most appropriate time to buyinto the project with financial capital, or create placeholders for future participation (i.e. options). By negotiating, early on in the development phase of the project, an option to purchase equity at a later stage of the project, the Aboriginal community is in a position to raise its own financial capital for that equity purchase, and participate in the project when the risk is lower. To continue the conversation, please contact Neil Philcox at nbp@blendedcapital.com or view our website at www.blendedcapital.com.
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keeping it riel ///// Keith Henry - President, BC Métis Federation k.henry@bcmetis.com
Keeping It
I write this article as I prepare for the upcoming 2013 Aboriginal Economic Leadership Summit being held in Osoyoos, BC. As President of the BC Métis Federation I am extremely proud to participate and present on a panel entitled “Best Practices-Acquisition/Repatriation of Crown and Treaty Lands by First Nation and Métis communities.” This panel presentation presents a unique challenge for me in terms of limitations of Métis land in British Columbia, respect for First Nation territories and relationships, and many misunderstandings about who the Métis people are in British Columbia and frankly across Canada. It is in this context that I share my thoughts this month as other Mètis representative organizations fall into what I refer to as a “Fox Trap.” It is reality for many Aboriginal
8 Aboriginal Marketplace - June/July 2013
Riel organizations to survive off of delivering much needed programs and services being at the whim of governments and political currents. Government and industry use this imbalance in the relationship to move their agendas forward. In early treaty history between First Nations and the Crown, some Cree and Assiniboine chiefs refused gifts by the negotiators, referring to them as bribes to facilitate future political actions. One chief compared this posturing to ‘fox-trap bait’. They were correct because political actions led to broken promises. Let me put a Métis lens on this now. Métis National Council leader Clem Chartier purports to represent a Constitutional people called the Métis with their organization the Métis National Council and that of their affiliates. However, they recently ‘took the fox trap bait’ on the backs of Métis people
when they recently signed a Governance and Financial Accountability Accord with the Harper Government. They are seemingly putting the building blocks in place to be accountable to ‘government’ instead of their own people. This Métis Accord at the Federal level recently signed off by Métis National Council President Chartier and his affiliate leaders is basically a ‘block funding’ agreement in exchange for MNC’s agreement to restrict its membership. A couple of quick thoughts on the accord:
As President of the BC Métis Federation I am extremely proud to participate and present on a panel entitled “Best Practices-Acquisition/Repatriation of Crown and Treaty Lands by First Nation and Métis communities.
- keith henry
1. It appears the price for ‘block funding’ is an ‘Objectively Verifiable Membership.’ This is nonsense, and a continuation of a colonial relationship. While the Indian Act put the onus on the state (Canada) to define ‘Indian’ as a policy of assimilation, under this pact Métis themselves are tasked with limiting their identity … they are seemingly willing partners in their own marginalization. Interesting too is the fact that ‘membership’ is not defined as ‘citizenship (in a Métis nation)’ … Makes you wonder what the governments understanding is of “Métis Nation”. 2. Seems that the ‘Whereas’ section leads to less accountability, not more! They refer to accountability as being priorities in this Accord but I am left vague as to who is accountable to whom. Once again, the Feds and their co-opted Métis cronies hide behind nice words but have no comprehension as to what these terms mean. Since 2008 they have ignored taking responsibility for the crisis around the Métis Nation BC and their actions. Get beyond the surface arguments and the Métis National Council and other co-opted affiliates like the Métis Nation British Columbia that politicize Métis identity have become ‘voiceless’ partners in the Canadian government’s long term plan to exercise power over Métis in order to dispossess them of their rights and title while assimilating Métis into Canadian society. Ironically Métis Nation Council President Chartier apparently recently attended the United Nations Permanent Forum on Indigenous Issues in New York City in May. If we read the amazing document entitled the UN Declaration on the Rights of Indigenous Peoples on their website, the document rejects policies that create ethnic or national or racial superiority. As well, it reaffirms that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind. During these forums Métis National Council President Clem Chartier pretends to complain that Canada ignores disparities among Métis people but his words ring hollow for many of us in the Métis community. In his words at the UN event, “Canada spoke of the services and programs provided to First Nations and Inuit, never once mentioning the Métis and highlighting the glaring disparities in its treatment of the three constitutionally recognized Aboriginal peoples.” It’s ironic that Métis Nation Council President Chartier attempts to make strong political statements at the United Nations
event while in signing these recent agreements the Métis National Council and their affiliates are redefining Métis people and misleading industry and government about who they actually represent. Worse yet Métis National Council and their affiliates are limiting who can access their publicly funded programs and services resulting in a discriminatory practice, whether real or perceived. The results of the Métis National Council and affiliates like Métis Nation British Columbia are clear. Many of us know these organizations do not represent us or our interests. In fact the Provincial and Federal governments are currently mentioned in active human rights cases now filed by the BC Métis Federation for the issues of misrepresentation for industry consultation and programs and service delivery access. The BC Human Rights Tribunal has now accepted the filing as of May 2013. The irony of it all is the fact these organizations, supported by government, continue to advocate without any true community mandate or support and it leaves me to wonder what the future will bring for our culture and community if all we are is a program and service or used to divide the Aboriginal industry consultation between Métis and First Nations in BC. This recent Governance and Financial Accountability Accord is more about adhoc political or economic expediency than adherence to principles derived from a historic relationship or mandates from grass roots Métis people in Canada. Métis National Council President Chartier may have scored himself and a few Métis elites more wine and cheese parties from this Accord signing, but his actions have not been just on a national or international scale for Métis people in this country. By playing identity politics on the home front, Métis National Council and their affiliates have failed as advocates for Métis self determination in Canada and abroad resulting in a confined ‘space,’ of more broken promises. This is the unfortunate fox trap so many Métis and Aboriginal leaders have taken. It is not sustainable nor represents the interests of our Métis people. I continue to believe it can get better but the road ahead will be diverted by legal interests, government program and service delivery, and industry priorities. Just trying to keep it Riel. For more information about the BC Métis Federation please go to our website www.bcmetis.com. Thank you again BC Métis Federation board member Joe Desjarlais for our joint efforts on the submission this month. k.henry@bcmetis.com or follow on twitter @keithhenrymetis Aboriginal Marketplace - June/July 2013 9
Street view of the new building
World class mixed use development flexible enough to meet the growing needs of Prince Rupert.
$50 Million W
R E M
mixed use building planned for Prince Rupert, BC At the recent National Aboriginal Business Opportunities Conference (NABOC) in Prince Rupert, BC a joint venture opportunity was announced that offered Metlakatla and Lax Kw’alaams First Nations, Black Diamond Group, Stuart Olson Dominion Construction, The Blended Capital Group and 2G Group, participation in a 7 storey office/hotel/retail/ residential building project to be constructed on the waterfront in Prince Rupert’s downtown core. The project will begin in the fall of 2013 and the anticipated completion date is late summer of 2014.
Standard Office Space Floor Layout
Standard Hotel Floor Layout
The site being proposed for the development has anmore unobstructed ocean view and is For information contactspectacular Geoff Greenwell at geoff@2ggroup.ca (P) 866-284-8322. right in the centre of the city, it’s ideal for this kind of development. 10 Aboriginal Marketplace - June/July 2013
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Anticipated Completion Summer 2014 “With the volume of major projects slated to be developed in and around the port of Prince Rupert there is going to be a big shortage of quality office and hotel space,” said Ryan Leighton, Director of Operations for Metlakatla Development Corporation (MDC), when we talked with him at NABOC. “The site being proposed for the development has an unobstructed spectacular ocean view and is right in the centre of the city, it’s ideal for this kind of development,” added Ryan. Business development representatives from each of the project partners have been in discussions since NABOC Prince Rupert and a formal announcement of which groups will actually participate is expected in September of this year. The project will require a variance from the City of Prince Rupert to allow it to go from the existing zoning maximum of 5 storeys to the desired
Ocean View Site All rooms will have a spectacular ocean view
7 storeys. City Mayor Jack Mussallem is enthusiastic about the project and said “this building will fill a gap in the community’s housing inventory. People I have talked to on an individual basis about getting older have said they want a view, they don’t want maintenance like lawn mowing and they want to come and go as they please... The demand for that type of accommodation is there,” he said, noting that it bodes well for Prince Rupert’s future. “It speaks to the optimism and opportunity in Prince Rupert and the surrounding area that is driven by port development,” he added. 2G Group CEO, Geoff Greenwell met with Black Diamond Group’s Steve Stein and RJ Hunt in Kelowna in late May and
both companies came away from the meeting optimistic about their involvement. “This is a great project and we’re excited to be in discussions about its potential,” said RJ Hunt after the meeting. “There is a need for this type of space in the City to meet the upcoming demands from the large LNG proponents who face significant challenges in finding both hotel room and office space of a sufficient size and quality,” said Geoff Greenwell. Chief Harold Leighton of Metlakatla and Mayor Garry Reece of Lax Kw’alaams were scheduled to meet in early June to discuss a collaborative approach to the project by the 2 communities.
The project will begin in the fall of 2013 and the anticipated completion date is late summer of 2014. flexible enough to meet the growing needs of Prince Rupert.
World class mixed use development W
Standard Office Space Layout Each floor offers 11,000 Sq FtFloor of space
R E M
Potential hotel floor Floor layout Layout Standard Hotel
For more information contact Geoff Greenwell at geoff@2ggroup.ca (P) 866-284-8322. Aboriginal Marketplace - June/July 2013 11
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“Yes, but what we really need is a firm that understands our values.” People who know First Nations, know BDO.
The First Nations Practice at BDO Striking a balance between tradition and economic growth isn’t always easy. With practical experience and a deep understanding of First Nations issues, BDO can work with you to develop your community while also preserving your way of life. Our dedicated professionals offer a range of strategic and analytic solutions to help you achieve results that will last for generations to come. Assurance | Accounting | Tax | Advisory www.bdo.ca BDO Canada LLP, a Canadian limited liability partnership, is a member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms.
Volunteering your professional Professional experience Experience By Jennifer Filson, CESO (Canadian Executive Service Organization)
CESO (Canadian Executive Service Organization) is one of Canada’s leading volunteer-based development organizations. For more than 46 years, CESO has offered Canadians a unique opportunity to make a difference in the lives of others. Our elite roster of volunteers (we call them Volunteer Advisors) works with a diverse range of partners around the world to improve the economic health of businesses and communities, and consequently, the lives of individuals. CESO’s greatest asset is our volunteers, who have on average 25 years of experience in their respective professions. Through sharing their wealth of knowledge and skill, CESO has been able to complete more than 46,000 assignments across Canada and in more than 120 countries. Our work in Canada is primarily focused in the areas of economic development, governance and health management, with First Nations, Métis and Inuit communities. One example of our work took place in Fort Nelson, British Columbia. Fort Nelson First Nations (FNFN) owned and managed the Liard Hotsprings Lodge, a lodge and campground located along the Alaskan Highway. As the lodge is located in a remote area of British Columbia, it incurred high overhead costs. These expenses undercut profits and the lodge was forced to close.
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CESO’s greatest asset is our volunteers, who have on average 25 years of experience in their respective professions. Through sharing their wealth of knowledge and skill, CESO has been able to complete more than 46,000 assignments across Canada and in more than 120 countries. Hoping to re-open the lodge and build staff capacity to effectively manage the lodge’s expenses, FNFN requested CESO’s services to conduct a comprehensive operational review. CESO Volunteer Advisor Ronald Mon-Kau was selected by FNFN and was able to contribute his 35 years of experience in hotel management. During the assignment, Ronald mentored the lodge’s staff and provided training around budgeting. He also conducted an extensive needs assessment and market analysis to identify new methods to help the lodge stand out from its competitors. Finally, his operational review included recommendations on how the business could efficiently use utilities and minimize costs during the resort’s off-season.
Scott Carle, Executive Director at FNFN, said that “Volunteer Advisor Ronald Mon-Kau had significant credibility with the community based on his demonstrated expertise in the area of hotel management and tourism.” Since May 2013, the results from Ronald’s advisory assistance have been significant. Expenses in the lodge were reduced, which resulted in raised profits. With this newfound profit, FNFN is proposing ways to expand the business and is planning on implementing a comprehensive marketing strategy in the near future. Do you have professional skills that could make a difference to others? CESO is currently recruiting individuals with significant professional experience to join
our roster. We are looking for people who have experience mentoring, training or facilitating workshops, and who have skills in the following areas: business and strategic planning, IT and financial management. In particular, we are looking for Aboriginal people with these skills to volunteer with us. Our assignments in Canada are typically one to two weeks. To learn more, please contact Jennifer Filson, Recruitment Manager at jfilson@ceso-saco.com or visit www.ceso-saco.com.
Copyright © 2013 All Rights Reserved Canadian Executive Service Organization
Do you want to make a difference in Canada’s Aboriginal communities?
CESO volunteers work with Aboriginal communities across Canada. We collaborate with individuals, small and medium-sized businesses, and community organizations to help them develop the skills needed to support long-term economic development, good governance and sound financial management. Do you have skills in the following areas? If so, consider volunteering with us: • • • •
Business development Strategic planning Governance and policy development Human resources
• • • •
Mentoring and coaching Accounting Financial management Information technology
If you have at least 10 years of professional experience and are interested in volunteering with CESO in Canada or around the world, please contact Jennifer Filson at 647.478.4100 or jfilson@ceso-saco.com.
Make a difference today. Volunteer. Partner. Donate. 1.800.268.9052 www.ceso-saco.com Project undertaken with the financial support of the Government of Canada provided through Aboriginal Affairs and Northern Development Canada.
14 Aboriginal Marketplace - June/July 2013
NK’MIP Make it a desert adventure
NK’MIP Resort is an all seasons getaway beautifully situated between the shores of Osoyoos Lake and the desert mountain-scape of Anarchist Mountain, located on over 200 acres of the Osoyoos Indian Band’s 32 000 acre reserve. With a variety of businesses on site, NK’MIP Resort has much to offer including over 6,000 square feet of meetings and event space, spacious suite accommodations, expansive lakeside RV sites, a full service spa, multiple dining choices, unique desert golf, an award winning winery and an interactive and educational cultural centre.
NK’MIP Resort is a one of a kind cultural and experiential destination reflective of heritage and culture, that shines through into each guest’s experience.
Lead by the vision and guidance of Chief Clarence Louie and the Osoyoos Indian Band, NK’MIP Resort is a one of a kind cultural and experiential destination reflective of heritage and culture, that shines through into each guest’s experience. NK’MIP Resort is the perfect hub for conferences, meetings corporate retreats, and other events equipped with audio visual capabilities, full service catering, and meeting and event coordination services. Venue spaces include an executive boardroom for up to 10 people equipped with video conferencing to an intimate meeting room overlooking Osoyoos lake for small groups, along with the NK’MIP Conference Centre with a large ballroom and optional break-out spaces for up to 250 delegates. Rest assured that your guests will be well taken care of and provided with the tools necessary to execute a memorable and rewarding event. With over 200 guest rooms, Spirit Ridge Vineyard Resort & Spa offers a range of condo style guest suites from a one-bedroom unit overlooking the unique desert setting to the east, to a twobedroom villa overlooking the breathtaking views of the vineyard and lake to the west. Take a day for a tour of the number one winery in British Columbia, NK’MIP Cellars, followed by a walk about the NK’MIP Desert Cultural Centre to learn about the unique ecosystem and the culture of the Okanagan People. Dine on the patio at Mica Restaurant featuring local wine country comfort food or lakeside at Kekuli Café on native bannock. Take some time to relax and rejuvenate at the Solterra Desert Spa after a round at Sonora Dunes Golf Course’s beautiful 9-hole desert course or a horseback ride along the beach. You can also bring your RV or rent a yurt at the NK’MIP RV Park located on the shores of Osoyoos Lake. For fun on the water visit Osoyoos Watersports for motorboat, jet ski, and pontoon boat rentals as well as stand-up paddle boarding, canoeing and kayaking, or you can try your hand at wakeboarding with WakePilot. If you prefer to stay on dry land, head up Anarchist Mountain with ATV tours. All of these activities to keep your delegates and spouses happy will help make your event run smoothly and successfully. Whether visiting NK’MIP Resort for a retreat, meeting, convention or getaway, you can be confident that you need go no further than right outside your door to find exciting and enjoyable activities. NK’MIP Resort is a beautifully unique destination that offers everything you will ever need to truly experience and appreciate your time away from home by providing you with one of a kind cultural experiences, blended with a paradise getaway. www.oibdc.ca Aboriginal Marketplace / June/July 2013 15
National Aboriginal Economic
Leadership Summit
returns to NK’MIP Resort From June 25th – 27th some of Canada’s highest profile Aboriginal business leaders will meet in Osoyoos, BC to discuss ways to improve their existing business operations and develop new concepts and projects. This is year 2 for the National Aboriginal Economic Leadership Summit (NAELS)
16 Aboriginal Marketplace / June/July 2013
and topics this year include: Aboriginal ownership and procurement opportunities in power, transmission and pipeline projects; best practices in resort development, repatriation of crown and former treaty lands; financing major projects and raising capital from global markets; First Nations
tax immunity; and presentations from six of Canada’s most successful Aboriginal communities on how they have managed to develop successful and profitable business models.
BMO and MNP have stepped up to sponsor the hospitality event on the first night being held at the NK’MIP Desert Cultural Centre with live music from George Leach and samples of the award winning NK’MIP wines. This year’s facilitators are Dion Arnouse, Principal of 2 Badgers Consulting and Keith Henry, President of the BC Métis Federation. Speakers include: Chief Clarence Louie, Ron Monk of Embark Engineering, Paul Kariya – Executive Director of Clean Energy BC, Cole Rheaume from Koho Power, Chris Bower from the NK’MIP Group of companies, Merle Alexander a partner at Gowlings LLP, George Hemeon of Transcanada, Neil Philcox of the Blended Capital Group, Frank Busch of the First Nations Finance Authority, Candace Dennis of BMO, Stewart Anderson from Vancity, Michael Bonshor of MNP, Tumia Knott from the Seyem Qwantlen Business Group, Dr. Bruce McGivor of First People’s Law, Max Faille from Gowlings LLP, Chief Terry Paul of Membertou, Chief Ian Campbell from the Squamish Nation, Brenda Baptiste from Tseil-Waututh Nation, Darrell Beaulieu from Denendeh Investments, Rodney Hester from the Grand Council of the Crees and Chief Darcy Bear from Whitecap Dakota. There are 2 business pitches being given at this year’s event by T.E. Wealth’s Aboriginal Services division and Aprio Inc . T.E. Wealth will be promoting their range of investment and financial education and literacy services, and Aprio will be demonstrating their software platform APRIO BOARDROOM designed to assist with meeting planning, contacts, governance, audits, financial reviews and due diligence. BMO and MNP have stepped up to sponsor the hospitality event on the first
Left to right: Dion Arnouse President, 2 Badgers Consulting Inc. Keith Henry President,BC Métis Federation
Left to right: Comedian Ryan McMahon Musician George Leach
night being held at the NK’MIP Desert Cultural Centre with live music from George Leach and samples of the award winning NK’MIP wines. Comedian Ryan McMahon is the headliner at the banquet dinner on the second night and some of the delegates will be taking on the challenging Sonora Dunes golf course on day 3 as well as taking in some of the local wineries on the wine tour. Some of the Aboriginal communities and businesses that are attending this year include: Inniskilin Sateau, Lil’Wat, Union of Nova Scotia Indians; Kikino Métis Settlement, Kwanlin Dun, the Chippewas of Kettle and Stony Point, Loon River, Lytton,
Beecher Bay, Siksika, FHQ Developments, Canada North Camps, Kootenay Aboriginal Business Development Agency, the Blood Tribe, Fort William, Sliammon, Adams Lake, Star Blanket Cree, Leq’a:mel, Memebertou, Kwadacha, Bigstone Cree, Nazko, Nishnawbe, Laurentian Technologies, Aboriginal Medical Supplies, Ouje-Bougoumou Cree Nation Enterprises, Douglas, Whitecap Dakota, Squamish, NAT’s Nurseries and Tseil-Waututh Nation. The Aboriginal Marketplace team will be reporting from the event and we’re really looking forward to the dialogue and outcomes from this year’s NAELS.
NK’MIP Desert Centre Aboriginal Marketplace - June/July 2013 17
Environmental Monitor /////. Raminder Grewal, partner - Keystone Environmental rgrewal@keystoneenvironmental.ca
Developing a Contaminated Site Historical Aerial Photographs – using publicly available aerial photographs assists in determining former activities on the development lands and surrounding area. Aerial photographs are available dating back to the 1940’s. One of the greatest economic drivers on any land parcel is to apply the principles of highest and best use. Changing the use or developing any size parcel of land can be a detailed and involved process from assessing the feasibility of the proposed site use to meshing that use with a greater ‘land use plan’. And, one of the planning considerations, and potential costs, of site preparation is determining if the site has been ‘contaminated’ by past site uses, whether or not the uses were authorized. What is a contaminated site? A contaminated site is a site at which hazardous substances occur at concentrations above locally and naturally occurring or ‘background’ levels. The contamination can be associated with legal activities or illegal dumping of contaminants at the site. Prior to development, the contamination must be remediated or managed through risk assessment. How does a contaminated site affect a development? Among the many steps to preparing a site for construction is to address environmental contamination issues. Prior to constructing a structure, questions regarding site contamination and its impacts on human health and the environment must be answered. And, when contamination is present, there are costs associated with the correct identification, assessment and remediation of the contamination. These costs will increase the overall project costs and should be planned for. To protect the feasibility of the project, a preliminary site investigation, a Phase 1 Environmental Site Assessment (ESA), is recommended to determine the likelihood of contamination. If your project requires 18 Aboriginal Marketplace / June/July 2013
independent financing the Phase 1 ESA is often required for lending purposes. Testing of soil and groundwater is not conducted during the Phase 1 ESA. The Phase 1 ESA involves gathering historical and current information about the development lands and surrounding area. This information is obtained by doing the following:
• Interviewing Band Elders – Band Elders have knowledge of the land and are aware of the past uses of the site and how various activities may have contributed to contamination. Information gathered during a discussion with Elders is invaluable. Now would be a good time to start documenting Elder’s knowledge of all the lands for future reference and increased familiarity. • Historical Aerial Photographs – using publicly available aerial photographs assists in determining former activities on the development lands and surrounding area. Aerial photographs are available dating back to the 1940’s. • Site Visit – have an experienced qualified environmental professional walk the site accompanied by those with local knowledge and who are familiar with the site. This will include Elders, band members and persons from outside communities with a history and first-hand experience with the land.
Information gathered for the ESA is compiled and assessed, using indicators that we have applied for 25 years, to determine the potential for contamination to be present. If there is potential for contamination we recommend testing the soils and groundwater to prove either the contamination does in fact exist or that the activities thought to cause contamination did not result in levels of contamination harmful to human health or the environment. If contamination is suspected the next step is to conduct a Phase 2 Environmental Site Assessment (Phase 2). A Phase 2 is an intrusive investigation requiring the taking of samples of suspected contaminated media. Media can include soils, groundwater or soil vapours. Testing is targeted to areas with the greatest potential for contamination, making the data collected during the Phase 1 ESA fundamentally important to the success and cost control of the Phase 2. Samples collected from the site must be managed to a strict ‘chain of custody’ process to ensure the accuracy of the laboratory findings. Regulatory guidelines stipulate the acceptable levels of contamination for the proposed site use. If levels exist that are below the regulatory guidelines then the environmental issues can usually be considered closed. If levels exist that exceed regulatory guidelines then the identified contamination needs to be reduced, through removal or managed through risk assessment, before construction proceeds. In future articles we will explore the options to the question, “What’s next for managing contamination?”
Firefox Fire Solutions Inc.
Firefox brings a unique blend of firefighting and business expertise to position the company as a strategic partner for all your wildfire requirements. Our mission is to provide innovative products, services and training to aboriginal communities.www.firefoxfiresolutions.com
Our company is dedicated to enhancing public safety by making available the most technologically advanced products used in the firefighting industry. Come and see a demonstration of our mobile fire trailer (our latest innovation). Fire Fox Solutions is a proud sponsor of NABOC Events
NABOC Osoyoos Celebrates 5Years at NK’MIP Resort Western Canada’s most popular Aboriginal/ private sector business networking event will be celebrating its fifth year of partnership with the Osoyoos Indian Band this September.
NK’MIP Conference centre
Host - Chief Clarence Louie
20 Aboriginal Marketplace - June/July 2013
The National Aboriginal Business Opportunities Conference (NABOC) series was launched in Osoyoos in 2009 and since that inaugural event it has become the best attended and most enduring Aboriginal business conference west of Ontario. “What makes me most proud about our NABOC events is that we have succeeded without ever taking a dime of AANDC or any other government money since the day we started,” said Geoff Greenwell when we interviewed him about the upcoming conference. “We felt it was important to create a conference series that sustains itself and demonstrates to both Aboriginal and private sector businesses that there is lots of mutual interest in running these kinds of events and that the government has no role in what we do to become successful in business. For too long DIA/INAC/AANDC have been an impediment to Aboriginal people doing business with the private sector and we don’t need them in the middle of our deals.” Chief Clarence Louie will once again be the host of NABOC Osoyoos 2013 which runs from September 10th – 12th this year at NK’MIP Resort. The Chief had this to say about the Band’s partnership with NABOC when we talked to him, “When we built our new 300 seat NK’MIP Conference Centre we needed to start attracting some major events to our facility and generating income. Geoff Greenwell of the 2G Group worked with us on bringing the 2009 National Aboriginal Business Opportunities Conference to NK’MIP and the event was a huge success. Geoff and his team really know how to connect Native and non-Native business
people and their organizational and marketing skills are second to none. We’re going to continue to work with Geoff and the 2G Group to develop more events at NK’MIP in the future.” “What makes NABOC different to any other business networking conference is the effort Geoff, Rochelle and their team put into making sure people connect with each other and have a good time. They really care about their clients like us and we have benefited hugely from being partners in the Prince Rupert NABOC events,” said Ryan Leighton, Director of Operations for the Metlakatla Development Corporation when we asked him what made NABOC a winning formula. “Our repeat customer percentage at NABOC events is over 70% and we want to keep pushing that number higher every year,” commented Rochelle Saddleman, Client Relations Manager at 2G Group. This September’s NABOC Osoyoos will have close to 300 people in attendance as usual, and the origin of the delegates gets more diverse every year. Guests from Europe, USA, the Middle East and Asia will join Canadian delegates to network and look for joint venture and partnership opportunities. From the Aboriginal Marketplace team’s previous visits to NABOC events we know the conference will be run incredibly efficiently and Rochelle and the 2G team will be working hard to make sure all delegates get maximum value from the event. We look forward to reporting from Osoyoos this September. For more information about this event go to www.2ggroup.ca
Legal Eagle ///// Merle Alexander - Partner, Gowlings LLP Merle.alexander@gowlings.com
Separating Business from Politics
Yes, No or Maybe? Council (or their governing body) and the Board of Directors. Let me answer some of the basic questions, I am often asked to illustrate.
Merle Alexander
Separating economic development from the politics of our communities has long been a norm, preference and mantra. “We must separate our business from political interference!” has become a pow wow favorite. You do not wear your business suit under your regalia, and you must take off the tie, if you are to wear your war bonnet. Whether this is truism or advisable must be challenged, because I simply do not agree that it is an absolute. I agree that keeping our economic development arm separate from our political arm is a worthy goal, but we must admit that both arms are connected to the same body. Our own business entities must comply with our own laws and political aspirations. As we advance, we may even see highly developed Aboriginal groups develop their own body of sustainable business law. As prolific Aboriginal leader Leonard George often says, “Economic development is our new hunting”. Since Aboriginal Peoples always had an existing legal regime that governed our hunting, trade and economic activity, it only makes sense that this regime would develop further to govern our own business entities, but that is another article. With ec. dev. corps., there are many Aboriginal groups that are developing innovative balances between Chief and
Can our Board of Directors be completely the same as our Band Council? Yes and no. Of course, if you own it, the shareholders can appoint whomever to the Board. If it is just a company and not a limited partnership, then you are using the very best legal entity to shield yourself from liability. In the limitation of liability hierarchy, it is companies first, limited partnerships second and limited liability partnerships third. So, yes, you can have a mirror governance image, but it is not advisable from a business or governance perspective. Truth and substantial experience reveal that most people do not have the incredible discipline to separate their role as political decisionmakers from business interests. It is not impossible, but having Council be the same as the Board creates a greater challenge for individual Councilors. The role is challenging enough, so most First Nations have taken a hybrid approach. Simple solutions to separating governance include: (1) customized articles that limit or prohibit elected officials from being on the dev. corp. board; (2) protocol agreements between the First Nation and the dev. corp. (contract is an elegant solution); (3) articles that require a set amount of “outside directors” (i.e., non-politicians, technical experts and non-members); and (4) specialized polices, including conflict of interest policies. If we are using a Limited Partnership, can Council be the same as the General Partner Board? No, not unless you want to lose your limited liability. If the First Nation limited partner participates in the general governance of the
general partner corporation, you risk a very high chance of undermining one of the key reasons you chose this business vehicle: the limitation on your First Nation’s liability. For instance, if you had a construction contract running through your First Nation limited partnership and had a major accident, one of the first things someone that wanted to sue you might look at is if they can attack the partnership structure and go after the Band (who is assumed to have deep pockets by some people). So, if the Council mirrors the Board of the general partner corp., you could be open to a legal challenge. The simple solution is really the same as above, you need to have at least some of the Board of Directors be non-members of Council. Most limited partnerships have one or two “outside directors” and this should offer some protection. Should we separate the Council and Board altogether? No. I honestly believe that it is best if there is some political guidance within the diverse skill set on a Board of Directors. The Board will need to know the pulse of the community it serves, and having some Councilors as advisors or directors serves this role. What is the developing future of this governance area? Chief Clarence Louie is given appropriate credit for noting that Corporate Canada must acknowledge that Aboriginal Peoples are in their first generation of mainstream entrepreneurship. His community and others are setting the pace for exponential economic growth. We are an emerging economy within the borders of this country. Like everything we have faced, we are adapting faster than anyone would ever imagined. The beginnings of Aboriginal corporate governance law already exists in contract, corporate articles and customary evolving practices, but mark my words, we will make this law our own. We always do. Aboriginal Marketplace - June/July 2013 21
Economic Leaders ///// Membertou
Terry Paul is the Chief of Membertou, a position he has held for the past 29 years, 15 consecutive terms. During that time, Paul has guided his community and administration into one of the most open and efficient Aboriginal communities in the country. Chief Paul has served on numerous boards and task forces. He is one of the original founders of the National Aboriginal Capital Corporation Association (NACCA), which started out as seven Aboriginal corporations and has grown to over 50 Aboriginal financial institutions across the country. Chief Paul started his career with the Boston Indian Council where he received his background training in finance and management. He began as a job placement officer and was quickly promoted to director of finance. The final position that Chief Paul held with the Boston Indian Council was president. Returning home to Membertou, Chief Paul worked for the Mic Mac News in sales and advertising. He then joined the Membertou Band Council in the role of economic development officer and progressed to the position of band manager before he was elected as Chief in 1984. Chief Paul has achieved many notable accomplishments in his current role including doubling the land base for the Membertou reserve and increasing the employment rate within Membertou to nearly 80% in the community. The infrastructure expansion during the past number of years, such as the multi-million
Membertou
dollar Membertou Trade and Convention Centre, Entertainment Centre, and Kiju’s restaurant, are just examples of the many accomplishments during Chief Paul’s leadership. Most recently, Chief Paul has encouraged and worked closely with the economic development arm of the Membertou Corporate Division to embark on new ventures including the Membertou Hampton Inn by Hilton, the Membertou Heritage Park as well as the future Membertou Sports and Wellness Centre.
Chief Terry Paul
Membertou Trade & Convention Centre 22 Aboriginal Marketplace - June/July 2013
Chief Paul also assisted Donald Marshall Jr. in his successful Supreme Court defense of the Mi’kmaq treaty rights to fish, which resulted in approximately $600 million in the Atlantic region for the Mi’kmaq. In 2012, Chief Paul was the first Aboriginal business person to be inducted into the Nova Scotia Business Hall of Fame. The Membertou logo of “Welcoming the World” is undoubtedly the most accurate representation of the open and progressive Aboriginal community that Membertou has become under the leadership of Chief Terry Paul.
Economic Leaders ///// grand council of the Crees
grand council of the crees
This mega-hydroelectric project would flood 10,000 square kilometers, would cost $16 billion to build and would create 125,000 jobs.
Over the course of the past forty years, the relationship of the Cree Nation of Eeyou Istchee in northern Quebec with State and Industry has evolved from an adversarial / conflict relationship to one of collaboration / cooperation. We have moved from exclusion towards inclusion. Forty years ago, the Crees of Eeyou Istchee were told that we had no rights. We were told that “you are just squatters on the land and any rights you may think you have can be stripped away in an instant.” The unfolding of history has demonstrated otherwise. The Crees of Eeyou Istchee have begun the building of an aboriginal Nation that is innovative in its approach to exercising control over its traditional territory. We have developed political mechanisms and secured financial resources that have greatly improved the lives of our people while at the same time laying a firm basis for future development. Although the gains over this 40-year period have been made incrementally, when taken together,
they represent nothing less than a revolution in terms of aboriginal-State relationships. On April 30, 1970 the Crees first learned about Quebec’s plans to undertake a massive hydroelectric project that would flood a large portion of our traditional territory. Our traditional homeland is approximately 400,000 square kilometers in size. This mega-hydroelectric project would flood 10,000 square kilometers, would cost $16 billion to build and would create 125,000 jobs. There was no mention of the Crees and no consideration of our rights. This was unacceptable and we fought back. The Crees began to organize and took the matter to the courts. In November of 1973, the Crees achieved initial success when the court ordered stoppage of work on the James Bay Hydroelectric Project. One week later, the Quebec Court of Appeal overturned this decision. However, the ruling also required that negotiations take place to address Cree concerns. In November
1974, after a period of negotiation between the Crees, the governments of Quebec and Canada, and Hydro-Quebec an Agreement In Principle was reached. It came with a oneyear deadline to complete the discussions. What resulted on November 15, 1975 was the James Bay and Northern Quebec Agreement (JBNQA), the first modern day land claim treaty in Canada. The JBNQA laid out a vision of a partnership--an equal partnership--between Quebec and the Cree Nation for the future development of the entire territory. The JBNQA also established the beginnings of a system of selfgovernment for the Cree. Sadly, both levels of Government--Federal and Provincial--were slow and reluctant to implement the commitments the JBNQA. Eventually after launching legal action against both Canada and Quebec, and after further struggles around hydroelectric development and Quebec secession, we concluded Agreements with both governments. Aboriginal Marketplace - June/July 2013 23
Economic Leaders ///// Tsleil-Waututh First Nation
The Tsleil-Waututh First Nation is breaking boundaries with respect to participation in mainstream business. Flexible, fast moving, educated and experienced – it has all the ingredients that make for successful business on and off the reserve. If you live in Canada you may have heard of the Tsleil-Waututh First Nation, family of well-known and academy-nominated, Chief Dan George and one of the main participating First Nations in the 2010 Vancouver Olympics ceremonies. The First Nation is also a strong and vibrant player in Vancouver’s local economy. The people of the Tsleil-Waututh First Nation – pronounced slay-wa-tooth and previously called the Burrard Indian Band – live on the shores of the Burrard Inlet. With a traditional territory encompassing most of the Greater Vancouver Area, their 278-acre reserve is located along Dollarton Highway close to Deep Cove. With a total population of 537 of which 243 live on reserve, the First Nation has come a long way its since humble beginnings. Their economic development presence was forged in 1989 when then-Chief Leonard George and Economic Development Officer Matt Thomas discussed the idea of building lease hold condomiums and homes on First Nation reserve lands. Since such a scenario had never been done in the way they were proposing, a format and template for success did not exist. In fact, Chief George spoke with many prominent developers who told him directly that he could never build and sell condominiums on his lands. It was not until he met the revered Kuok family in Hong Kong in 1989, a family that is most famous for the international chain of Shangri-la Hotels, that his vision started to indeed become a reality. Twenty years later, Ravenwoods is one of the most value-added condominiums and townhome communities in North Vancouver. With over 800 units, the Tsleil-Waututh First Nation has been able to build its brand and reputation for quality, ultimately resulting in the development and sale of larger executive townhomes – many of which were appraised and selling for over $1 million dollars in 2010. With its handpicked economic development staff and depth of accumulated business experience, branching off into other businesses from real estate came naturally. In addition to an already existing golf driving range, community store and award-winning tourism business, the First Nation began considering off-reserve and mainstream investment and business opportunities. Thanks to its convenient location and 24 Aboriginal Marketplace - June/July 2013
Tsleil-Waututh First Nation By Lori Simcox
Members of the Squamish and Tseil-Waututh Nations participated in the “Gathering of Canoes” to signify their joint declaration to protect the Salish Sea and protest Kinder Morgan’s Trans Mountain pipeline project that is projected to increase oil tanker traffic in the Port of Vancouver
own-source revenues, TWN Economic Development – the economic development department of the Tsleil-Waututh First Nation – became an off-shoot type of television’s “Dragon’s Den”. Weekly and sometimes daily inquiries – from private entrepreneurs looking for assistance to big box brand names looking for a location to build – became commonplace and spurred ongoing discussions around investment opportunities in local and sometimes international business. Leonard George, now retired from Chieftainship to concentrate and lead his economic development team, made it clear the TWN would look to do business with only those who offer an innovative idea, a suitable return on investment, values that match those his Nation and team, and especially a desire and willingness to build a relationship. A flyby-night business was not going to succeed. The fact that the Tsleil-Waututh First Nation is not a corporation that can dissolve – its reputation and the quality of its businesses are imperative to the success of its future generations – continues to inspire George and his team to seek out ideal business partners. Partners must reflect and understand the unique position of the community. Today, thanks to its economic progress, the Tsleil-Waututh Nation has grown into a well-equipped and efficient government. Chief and Council, as well as Directors, have been able to hire qualified staff in all functional areas of the Administration, including people from academia as well as private industry, and from all cultural backgrounds. The nimble staff numbers over 90 people; departments
function efficiently, with the main goal of serving the Tsleil-Waututh community. The highly educated and experienced team is able to quickly assess and negotiate complex business, land or environmental dealings at the same rate, if not more efficiently, than nonFirst Nation business. In addition, established, successful relationships with many of the major banks, offer the TWN the external capacity to consider big deals. To date, some of the Nation’s business initiatives have included: a co-management agreement with Provincial parks; a twomillion dollar share purchase in Endurance Wind power, then the creation of TWN Wind power, which markets and sells wind turbines to First Nations; Inlailawatash, a communityowned environmental services company; SPAL General Contructors, a company that develops construction partnerships to leverage Aboriginal procurement opportunities; Salish Seas, a partnership between Tsleil-Waututh, Musqueam and Sliammon First Nations to provide commercial fishing opportunities to partnering Nations; and finally, the ongoing real estate development negotiations and marketing, as well as several successful business land negotiation initiatives. Whether it is business on or off reserve, the Tsleil-Waututh First Nation is always seeking opportunities that will lead its community to be an active and meaningful participant in today’s economy. And with the numerous businesses it has already developed, this First Nation is pushing its way to the forefront of business in Vancouver.
Economic Leaders ///// Denendeh
Denendeh Investments Incorporated
Look at the core desires. Everyone in the North wants certainty... everybody’s been saying the same thing but in different ways and trying to get it through different ways.
CHANGING THE CONFIDENCE CLIMATE Denendeh Investments Incorporated (DII) CEO is Darrell Beaulieu of Yellowknife, a former Chief and Councillor with the Yellowknives First Nation, who in his younger years worked in Arctic exploration camps. Certainty, he says, is the goal that everyone seeks. “Look at the core desires. Everyone in the North wants certainty... everybody’s been saying the same thing but in different ways and trying to get it through different ways (such as land claims, policy, regulatory framework).” “It’s opening the eyes of people to the power and influence that Aboriginal people are now having... and it comes out in the courts. You’ve got over 600 First Nations in Canada – and as Bill Gallagher points out in his book, Resource Rulers, they’ve got a huge influence.” “How we utilize that power and influence to the better benefit is going to be the key, instead of putting up roadblocks.” His remedy? Real business-to-business relationships between First Nations and industry are a productive way around the conflict. “We have to be able to participate effectively and collaboratively in the development of resources,” says Beaulieu. The NWT-wide company he leads started
30 years ago as a Limited Partnership between the 27 NWT Dene First Nations. It now has investments and partnerships with major players such as Nabors Canada, ATCO, Yukon Indian Development Corporation, Nunasi and the Inuvialuit Development Corporation with interests in communication, exploration, construction, utilities, infrastructure maintenance and real estate. Citing advances made by NWT aboriginalowned businesses (more than 60 now serve the three big diamond mines) as well as Kitikmeot Inuit and the Cree of Northern Quebec, he asks a key question: why is it that First Nations cannot participate in resource exploration and as a developer of natural resources, a real industry player? Why not, indeed. Recently DII created Denendeh Exploration and Mining Company which will be actively pursuing its own ventures as an industry player in the NWT. Participation and being involved in the resource economy builds confidence, he says, and that confidence will find its way back into the investing market which in recent years has shunned the NWT’s risky and uncertain resource economy. “Its’ a part of the economy that we have control in changing. We don’t control market demand, but we do have control in changing the climate of confidence.“ Aboriginal Marketplace - June/July 2013 25
Economic Leaders ///// Squamish nation
Squamish nation
Continuity of Tradition Annual Squamish Nation Pow Wow
Today’s business climate has rapidly advanced with innovation, technology, and access to global markets. First Nations lands are continually encroached on by multinational interests, while Canada positions itself as a global economic competitor. This has posed a significant challenge for First Nations to safeguard their inherent Aboriginal rights and title, and treaty rights, while balancing the need for sustainable revenues and services for their members. The demand for natural resources also presents opportunities for Tribes to engage with proponents and develop businesses that can participate in economic activities. It also provides incentive for Aboriginals to gain skill sets in an array of areas to meet the challenges and opportunities head on. It is imperative to draw on traditional ecological knowledge, paired with western science based approaches in developing three areas of meaningful engagement with settler populations.
1. Governance/decision making: It is important for First Nations to assert and exercise their authority to make decisions in their own lands. Land use planning, Aboriginal Interest and Use Studies, and stable governments allow First Nations 26 Aboriginal Marketplace - June/July 2013
mechanisms to manage wealth as opposed to managing welfare. Comanagement, access management, and strategic level planning can then build relationships that can attract investment, and address the marginalization, and dispossession of Native people. 2. Economic Prosperity: There is a gross distortion in the distribution of wealth gained from First Nations lands. Many of our families still live in despair and experience intergenerational affects of colonization. Entrepreneurialism is a key to self determination in veering from dependency on various levels of government. First Nations are building capacity and creating partnerships that are yielding positive results in many sectors, be it health, governance, finance, and trades. 3. Environmental stewardship: First Nations maintain a holistic view of their inter-relationship with all
of Creation. This relationship is steeped in spiritual connections, mythology, and ancient history. This can be translated into economic opportunities as we draw forward traditional knowledge and apply it in a modern context. Western management practices have completely removed spirituality from their vocabulary with regard to their relationship with the natural world. Global consciousness is increasing with broader awareness of cumulative impacts stemming from an unprecedented human population explosion. As we transition into this post colonial era, First Nations people are gaining strength in rebuilding our Nations. It is our time to build on the solid foundation bestowed on us by our predecessors. Our success does not entail assimilation but rather a notion of adaptation. This is not a story isolated to First Nations people, but is a story of humanity, perseverance, and triumph. Transformation is a recurring theme in the many chapters of change experienced by our people, spanning millennia. We must use the best tools available to celebrate the continuity of tradition.
Economic Leaders ///// Whitecap Dakota
Chief Whitecap (Wapahaska) led his Dakota people to the Saskatchewan area, part of their traditional hunting grounds, in the early 1860s to escape political turmoil in Minnesota. By the end of the 1860s, the Whitecap members were hunting and camping in a territory that reached west to the Cypress Hills and north to the North Saskatchewan River. They tried their hand at farming, but soil conditions were not conducive to farming which resulted in poor crops. They switched to ranching and earned a very good reputation as successful cattle producers. The Whitecap Dakota people have a tradition of being hard working and self supporting. Reserve creation has restricted their ability to continue this tradition as it has limited their participation in the mainstream economy, but through diligence and creativity the community continues to make considerable progress. About 480 people currently reside on the Whitecap Reserve. The reserve is situated on 1988 hectares of land 26 kilometers south of Saskatoon, Saskatchewan.
STRENGTHENING COMMUNITY, BUILDING OPPORTUNITY development and business development attraction strategy is first rate infrastructure services designed to support current and future commercial and residential needs. Whitecap recently invested approximately $12 million to install new water and sewer services; upgrade electrical, natural gas and communications services; and improve its network of roads. The Whitecap community is working hard to achieve its economic development mission which reads, “To create an economically self-sustaining community with financially independent members through the effective use of economic tools that maximize the available resources, respect the Dakota culture and protect the environment while protecting and enhancing inherent rights.” Whitecap has zoned 1,000 acres of the reserve lands
Dakota Dunes Casino and Resort
Strong leadership has been instrumental in guiding Whitecap along the path to long-term economic sustainability. Chief Darcy Bear and his Council have created financial stability and accountable governance capacity including community and economic sustainability plans. They understand that they need a firm foundation and a safe investment climate in order to attract partners. They have adopted their own Land Code under the First Nation Land Management Act and developed a set of legislative tools that are attractive and familiar to investors. An integral part of the economic
Dakota Dunes Casinos’ Beautiful Architecture
for commercial development and completed a master development plan that includes a destination resort development – Dakota Dunes Casino and Resort. The cornerstone of the development is Dakota Dunes Golf Links, an 18-hole championship design awarded the “Best New Canadian Course, 2005” by Golf Digest magazine and currently ranked #15 in the country. An 80,000 square foot casino and entertainment facility opened in august 2007. Other proposed resort amenities include
Dakota Dunes Golf
a 159 room full service hotel and spa; resort residential; camping, recreation and retail services. In addition to the resort development, other commercial, recreational and light industrial developments are included in the plans. Partnership and investment opportunities for public and private sector organizations abound in the tourism and other sectors of the growing Whitecap economy. The result of this economic strategy is considerable economic benefits not only for the Whitecap community and its members, but for the entire region. Construction for the economic ventures will create approximately $100 million of capital investment in the community and numerous years of construction employment. Business operations will create approximately 700 jobs. Economic development also contributes on-going revenue streams to the Whitecap Dakota First Nation in the form of land leases; property taxes; consumption fees; and utility payments. The members of Whitecap enjoy the benefits of these revenues in the form of enhanced education, health and cultural programming. All of these activities are overseen by sound and stable systems of governance. Chief Bear and his Council are currently negotiating self-government arrangements with Canada to take the next step of getting Whitecap out from under an outdated Indian Act. This ongoing development is testament to what can be achieved with committed leadership, a well thought out plan, and beneficial partnerships. Aboriginal Marketplace - June/July 2013 27
The New
Terra Nullius (and what to do about it) By Shain Jackson
Longhouse built by Spirtworks
When the Europeans arrived in North America they brought with them much more than certain technologies and aspirations for a new life. Accompanying them was a very convenient worldview buttressed by an equally convenient legal and political framework. If there’s anything that can be ascribed to the historical losses suffered throughout North America by First Nations’ peoples it is the Doctrine of Discovery and the concept of Terra Nullius (No Man’s Land). The premise behind both these was quite straight forward: we as indigenous people simply did not exist. Here in B.C. this was in effect the contemptuous lens that allowed colonists to seize control of already occupied lands then divvy up the parcels as if pieces of cake at a birthday party. For the most part the only form of stipulation attached to these gifts was that the recipient
dispossession; and there have been great steps forward in the acknowledgement and protection of Aboriginal rights on lands held by the Crown. However speaking from a B.C. perspective the resource boom has caused an insidious new era to fall upon us; an era that has drawn on a very familiar past. With the forces of the global free market and the seemingly insatiable thirst for ever more profits the highest and best use mindset has again taken control of indigenous lives and futures. This is occurring all over B.C.: a tree farm trumps a forest; copper mines and tailings ponds beat out mountains and lakes. The old Terra Nullius assumed that, although there were people living on the land, it was alright to take it essentially because there was nothing the inhabitants could do about it. The tenets of the new Terra Nullius are, well … exactly the same.
light can then be given by the government. So despite some legal wins and beneficial deals garnered by a limited number wellresourced Nations, the operational reality is that most communities are literally under siege, first by the resource companies pushing them off the lands that sustain them, and secondly by an inundation of paperwork. So what then must we do? There is one very effective way to considerably turn the tables in this situation: don’t be invisible! It’s one thing to use the land; it is something completely different to be seen to be using the land. Physical evidence of occupation ostensibly shifts the burden of proof from you having to show you use and occupy your territories, to developers and governments having to prove you don’t. The fact of your physical existence leaves it incumbent upon them to conduct the due diligence and
So what then must we do? There is one very effective way to considerably turn the tables in this situation: don’t be invisible! wasn’t Indian, and so much more importantly, the land needed to be slain. This latter stipulation was the equivalent of the modern day concept of highest and best use whereby land is valued only by virtue of its economic worth (profitability) and thus had to be developed. The remaining land which averted the homesteader’s eye, as by wave of a magic wand, became the property of the Crown. In a nutshell, it was upon these leftover lands that B.C.’s First Nations began to pick up the pieces of our societies and to carry on. Most British Columbians who acknowledge the impropriety expressed here sooth themselves with notions that the perpetrators were from some brutal distant past lacking the civility we possess today. It is true that a hiatus was somewhat taken in the area of mass 28 Aboriginal Marketplace - June/July 2013
Here’s how it works. Present governments, like governments of the past, love giving land away (or interests therein). Much like the homesteaders, when a developer finds something on your territory they are able to convert into cash (coal, oil, natural gas, trees, etc.) an application is sent to the respective government. Abiding by the current law relating to consultation, that government then sends a referral to First Nations potentially affected by the development and requests them to identify any interests affected by the project. The First Nation then takes that referral and places it in a large pile of countless other referrals, all of which their administration has no capacity to deal with in any meaningful way. When there is no response, no opposition is assumed, and a green
demonstrate how they can move forward in respect of your interests. So MARK YOUR TERRITORY!!! Petroglyphs, pictographs, and totem poles are not ancient art forms, they’re indigenous art forms; put them back where they belong: on the land. Furthermore the best evidence of occupation are living quarters. Whether it’s a longhouse, pit house, teepee, wigwam, or wickiup, don’t be afraid to erect your traditional living quarters on your traditional territory. It’s your right and whether it offers you a stronger position at the negotiating table or allows for the denial of a detrimental project, this could be the one thing that ensures your community’s security and survival.
www.authenticaboriginalproducts.ca
ADAMS LAKE INDIAN BAND (ALIB)
OPEN FOR BUSINESS By Albert Quinn
ALIB one of 17 member bands within the Shuswap Nation (SECWEMPC Territory), Has seven (7) reserves consisting of approximately 7,000 acres. These reserves are situated on three lakes and a couple of large rivers: Adams River (home of the worlds largest Sockeye salmon run), Adams Lake, Shuswap Lake (the Salmon Arm section) and Little Shuswap Lake, South Thompson River and numerous other rivers and streams. ALIB has many commercial land leases in place and more available, it also has numerous recreational and residential leases opportunities. A partially completed adult only residential sub division awaits your ideas for a possible joint venture. ALIB currently has a “CHANCES “ GAMING FACILTY slated for construction in a few months. Another commercial lot is awaiting an anchor tenant right in the heart of downtown Salmon Arm on reserve lands. The lease properties on Adams Lake, Shuswap Lake and little Shuswap Lake are prime for resort or residential development consideration as they all have waterfront and beach access. Our newly constructed and fully functional gravity irrigation system at our Chase Sahhaltkum Reserve #4 allows access to over 1100 acres of excellent agricultural land. The irrigation system is fed from Neskonlith Lake cement dam structure, which is jointly owned and operated by ALIB and NIB.. In keeping with our Community Alternate
Stunning landscape of the ALIB
energy Efficiency Program, ALIB is in the midst of a “Conceptual Assessment” for a 100MW “Pump Back Storage Hydro Electric Project. When approved this will be a $350 million dollar 2year construction timeline project. This project will utilize both Little Shuswap Lake and a smaller lake above known as STAR Lake. ALIB is also looking at a 100MW Hydro Electric “Powerhouse” to be situated at the base of the penstock leading down from the Neskonlith dam to our irrigation center. This project is in its infancy as we await the approval of the NIB Chief & Council. SOLAR POWER is also an area of interest as we revisit the “best use” of the available lands and mountain sides. Preliminary research shows this to be a viable area of exploration. The band has done some retrofitting of community assets in an effort to gauge the value of Solar and Geo Thermal. Our Recreation and Conference Centre built in 2004 (which can accommodate 650 people with a fully certified commercial kitchen) has been retrofitted with a
combined solar and geo thermal system that has resulted in the overall reduction by 50% of heating, cooling and domestic hot water costs. We also attached our Chief Atahm Language Immersion School to the same system with similar results. We have retro fitted some homes and also installed in several new homes and looking to utilize more in the future. ALIB has formed a joint venture with an eastern based alternate energy company MK Ince & Associates, to explore wind energy opportunities within our Secwempc Territory and as such are into phase III on Cahilty-Todd Mountain at Sun Peaks. The Met Tower in place is sending back data that hopefully by years end will support the construction of 5-10, 2.5 MW wind turbines. This project is still early stages. ALIB welcomes any inquiries as to possible opportunities in all sectors as we continually look for new partners and assistance in our goal to achieve our “VISION” and “MISSION” statements as per our COMPREHENSIVE COMMUNITY STRATEGIC PLAN (CCSP). Please contact Albert L. Quinn, ALIB Band Manager, acting EDO and CAO of all Corporate entities at 250 679-2203 or cell 250 377-1241 email aquinn@alib.ca
Shuswap Nation (SECWEMPC Territory), Has seven (7) reserves consisting of approximately 7,000 acres. These reserves are situated on three lakes and a couple of large rivers.
Aboriginal Marketplace - June/July 2013 29
The First Nations
Finance Authority (FNFA) By Frank Busch
In the fall/winter of 2013 the FNFA anticipates issuing the first ever “First Nations Bond” which will raise an estimated $100 million for its member First Nations.
The First Nations Finance Authority (FNFA) operates a borrowing pool that allows First Nations governments to leverage their Own Source Revenues into low-rate loans for community projects. A 100% First Nations statutory and not-for-profit institution, the FNFA was created under the First Nations Fiscal Management Act, 2005 (FMA). In the fall/winter of 2013 the FNFA anticipates issuing the first ever “First Nations Bond” which will raise an estimated $100 million for its member First Nations. Interested First Nations must follow a standardized process which includes achieving certification from the First Nations Financial Management Board. The FNFA was created to provide First Nations governments with the financial instruments to build their futures on their own terms. Its mandate, set out in the FMA and related regulations, is to provide financing, investment and advisory services for Aboriginal governments. Financing services of the FNFA parallel best practices of provincial and local governments. These practices allow each of FNFA’s Borrowing Members access to low-rate and a long-term loan as best fits their capital plans. To accomplish this, FNFA’s staff work with each Borrowing Member to ensure their borrowing power is maximized, each loan request has a repayment term that works for their 30 Aboriginal Marketplace - June/July 2013
budget, and loans are available when needed. Borrowing Members of the FNFA are able to access capital at below bank prime (as at June 2013 FNFA’s interim loan rate to its members was set at 2.50%) and can extend their terms for up to 30 years at low fixed rates (as at June 2013 fixed rate at 30 year term at 4.85%). The FNFA also provides Pooled Investment services that are professionally managed. Investment services provide First Nation governments with secure, affordable, short-term cash management instruments designed to assist their capital planning and financing. The FNFA financing can be used for refinancing existing debt, economic and social development, community owned housing, equity involvement or ownership in large industrial projects, land purchases, infrastructure such as roads, street lights, sidewalks, water and waste, and rolling stock – vehicles and equipment. As long as the project to be financed is something that could be considered an asset to the First Nation, it is probably allowable. FNFA loans cannot be used to fund programs. Access to low-rate Capital Market loans levels the playing field for First Nations who have only been able to borrow at retail rates from banks. This means that they were borrowing over 5-8 years and paying “prime plus” interest rates. They would also have to agree to various liens against
Band owned assets and future revenues. A good example of how this can change a community is in Membertou First Nation in Nova Scotia. Membertou was the recipient of the inaugural FNFA loan and used it to refinance their existing bank loans. The First Nation is now saving $144,000. Those savings have been reinvested into the economy and Membertou not only has one of the lowest on-reserve unemployment rates in Canada but the First Nation is now one of the primary employers for the neighbouring municipality. In order to get started, a First Nation can submit its latest available Audited Consolidated Financial Statements to the FNFA office. The statements will be held in confidence and used for a one time analysis of eligible revenue streams. A report will be submitted detailing the First Nation’s potential borrowing power that will help First Nations governments complete their capital plans. For more information or to submit Audited Consolidated Financial Statements contact: Frank Busch Director of Information and Marketing 202-3500 Carrington Road, Westbank First Nation, British Colombia, V4T 3C1 PH: 250-768-5253 Fx: 250-768-5258
fbusch@fnfa.ca
2013 AboriginAl MArketplAce
contest
AboriginAl MArketplAce is giving AwAy Free event tickets!
we would like to heAr froM your orgAnizAtion! shAre your orgAnizAtion’s business stories And if your Article is printed in Any issue of the MAgAzine you win next one free ticket to the event of your choice! subMission deAdline
Aug 7th THe STOrIeS A broad sample of the areas to be explored include finance, business leadership, finding green opportunities, business funding, government assistance and obstruction, tourism, natural resources, partnerships between Aboriginal groups and the private sector business community, title and rights progress, and training initiatives, but most of all this is a magazine about opportunity.
don’t forget to
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AboriginAl MArketplAce events:
If you have a story you’d like to share in the Aboriginal Marketplace magazine please send an email with details to: rochelle@2ggroup.ca For more information go to aboriginalmarketplace.com or scan this Qr code
April 3rd - 4th National Aboriginal Tourism Conference Osoyoos, BC
April 16th -17th National Aboriginal Business Opportunities Conference Prince Rupert, BC
April 19th
West Coast Oil Pipeline Summit Vancouver, BC
MAy 14th - 15th BC Career Education and Recruitment Fair Vancouver, BC
June 25th - 27th Aboriginal Economic Leadership Summit Osoyoos, BC
sept 10th - 12th National Aboriginal Business Opportunities Conference Osoyoos, BC
Discover the Legend of the
Spirit Bear! Vancouver, British Columbia
The Klahowya Village in Stanley Park is an authentic Aboriginal cultural experience like no other you’ve ever seen! Travel through the forest on the Spirit Catcher miniature train and discover the Legend of the Spirit Bear. Shop the Artisan Marketplace for First Nations and MÊtis art, jewellery and more. Watch live cultural performances on every Friday, Saturday and Sunday and holiday Monday.
Gate admission to the Village is FREE
Open June 21 to September 2, 2013
Train tickets are $5 (children under 2 are FREE) or $20 for a Passport
Open 11:00am to 4:00pm Monday to Thursday
with unlimited ride privileges for the summer!
Open 11:00am to 5:00pm on Friday, Saturday, Sunday & holiday Mondays
Facebook.com/KlahowyaVillage
KlahowyaVillage.com