Aboriginal Affairs An Evolving Approach OPA Outreach Thunder
Aboriginal Affairs: An Evolving Approach OPA Outreach – Thunder Bay Wednesday May 18, 2016 Bernie Hughes, Melanie Mathieson, and Leslie Joynt Prepared by: Aboriginal Affairs Branch Ministry of Northern Development and Mines
Context Outline • Culture, historic relations and demographics • Background – Aboriginal and treaty rights and the Duty to Consult • Ontario’s emerging approach to Indigenous relations • MNDM – programs and supportive actions Aboriginal Affairs Branch
MNDM Vision Outline “A Northern Ontario economy and provincial minerals sector that are healthy, competitive and sustainable. ” Aboriginal Affairs Branch
Aboriginal Affairs Branch Outline “The Aboriginal Affairs Branch supports ministry programming with respect to meeting ministry consultation obligations and facilitates relationships on behalf of the Ministry between Ontario’s Aboriginal communities, Northern businesses and the mineral industry. ” Aboriginal Affairs Branch
Reconciliation “The fundamental objective of the modern law of Aboriginal and treaty rights is the reconciliation of Aboriginal peoples and non-Aboriginal peoples and their respective claims, interests and ambitions. ” -Mikisew Cree First Nation v. Canada, Supreme Court of Canada, 2005 Aboriginal Affairs Branch
Terminology • “Aboriginal peoples” and “Indigenous peoples” are terms used to refer collectively to the original peoples and nations and their descendants. • "Aboriginal peoples" is a term used in section 35 of the Constitution Act, 1982 to refer collectively to Indians, Métis and Inuit peoples in Canada. Aboriginal Affairs Branch 6
Who are the Indigenous People in Ontario? First Nations • 133 First Nations communities in Ontario • 4 main linguistic groups: Cree, Algonquin, Ojibway, Iroquoian Métis • Children of intermarriage of European men and Indian women who developed distinct culture prior to effective European control. Inuit • Inuit peoples traditional territory is Arctic Canada (Nunavut, the Northwest Territories, the Yukon, northern Quebec and Labrador) • Approximately 2000 Inuit people live in urban centres in Ontario Aboriginal Affairs Branch 7
Community Demographics • 301, 425 Indigenous people living in Ontario– Largest Aboriginal population in Canada • 48% of the Canadian Indigenous population is under the age of 24, making Indigenous youth the fastest growing population in Canada • Unemployment of Canada`s Indigenous is double the rate of the non-Indigenous population • Canada`s Indigenous have 2 x higher rates of major depression than non. Indigenous Canadians Sources - 2011 National Household Survey & Mikkonen, J. , Raphael, D. , York University Aboriginal Affairs Branch 8
Community Demographics • Life expectancies of Indigenous Canadians are five to 14 years less than the Canadian population. • Infant mortality rates are 1. 5 to 4 times great among Indigenous Canadians than non-Indigenous Canadians. • The suicide rate for Indigenous Canadian youth aged 15 to 24 is five to eight times higher than non-Indigenous Canadian youth. • High school graduation rates for First Nations youth are half the Canadian rate. Sources - 2011 National Household Survey & Mikkonen, J. , Raphael, D. , York University & National Council of Welfare Aboriginal Affairs Branch 9
Our Relations Outline • Past – Present – Future – Vibrant, complex Indigenous nations existed in North America prior to European contact • We have a long history - Peace, friendship and military alliances - Crown assertion of Sovereignty & treaty making Aboriginal Affairs Branch
Highlights Historic Crown-Indigenous Relations Outline • 1664 The Aboriginal Perspective Two Row Wampum: ‘We will NOT be like father and son, but like brothers. These TWO ROWS will symbolize vessels, traveling down the same river together. One will be for the Original People, their laws, their customs and the other for the European people and their laws and customs. We will each travel the river together, but each in our own boat. And neither of us will try to steer the other`s vessel’ Aboriginal Affairs Branch
Highlights Historic Crown-Indigenous Relations Outline • 1677 The Covenant Chain: A series of alliances and treaties developed primarily between the Iroquois Confederacy (Haudenosaunee) and the British colonies of North America • 1763 The Royal Proclamation: Is a fundamental document in the relationship between First Nations people and the Crown and laid the basis for Canada’s territorial evolution. Aboriginal Affairs Branch
Highlights Historic Crown-Indigenous Relations Outline • 1764 Treaty of Niagara Extended the Silver Covenant Chain of Friendship into the Great Lakes Region of the continent. • 1867 British North America Act The British North America Act (now the Constitution Act) established the new federation’s distribution of responsibilities and powers for each level of government and the rights of its inhabitants. Aboriginal Affairs Branch
Highlights Historic Crown-Indigenous Relations Outline • 1876 Indian Act: Is the principle statute through which the federal government administers Indian status, local First Nations governments and the management of reserve land communal monies. • 1982 Constitution Act, 1982 Section 35 "recognizes and affirms" the "existing" Aboriginal and treaty rights in Canada. These Aboriginal rights protect the activities, practice, or traditions that are integral to the distinct cultures of the Aboriginal peoples. Aboriginal Affairs Branch
Highlights Historic Crown-Indigenous Relations Outline • 1996 Royal Commission on Aboriginal Peoples • 2004 -5 Haida, Taku, Mikisew Supreme Court of Canada decisions regarding the duty to consult • 2006 Ipperwash Inquiry Report • 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) • 2014+ - Treaty Strategy, Political Accord (Aug 2015), Truth and Reconciliation Commission (TRC) Aboriginal Affairs Branch
Evolution. Outline of Aboriginal Case Law Constitution Act 1982 S 35 -Rights of Aboriginal Peoples Case Law Clarifications: SCC Legislation/Regulation Government Policies/Guidelines Aboriginal Affairs Branch
Treaties in Ontario • Treaties are solemn agreements that set out promises, obligations and benefits for both parties. • Ontario is covered by 46 treaties and other agreements such as land purchases. • These agreements were signed between 1701 and 1930. • Ontario is unique in Canada for the number and variety of treaties. • Treaties play an important role in the management of lands and resources. • Different perspectives on the commitments outlined in treaties has given rise to a number of land claims and court actions in Ontario. Treaty 9 ceremony at Mattagami, 1906. Archives of Canada Aboriginal Affairs Branch 17
Aboriginal Affairs Strategy 18 18
Treaties in the Northwest Aboriginal Affairs Branch 19
Treaties in the Northwest Lake of the Woods Aboriginal Affairs Branch 20
Aboriginal and Treaty Rights • Aboriginal Rights Can include hunting, fishing, trapping and gathering on ancestral lands. • Aboriginal Title Is a particular type of Aboriginal right. Aboriginal title is a collective right by the community to the exclusive use and occupation of land for a variety of purposes. • Treaty Rights Historic treaties were often set out in writing however, the courts have also found that oral promises are relevant to the interpretation of treaty rights. Aboriginal Affairs Branch 21
The Ontario Mining Act • Ontario’s Mining Act was amended in 2009 as part of the ministry’s ongoing Mining Act modernization process. • The purpose of the act is to encourage prospecting, staking and exploration for the development of mineral resources, in a manner consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982, including the duty to consult, and to minimize the impact of these activities on public health and safety and the environment. Aboriginal Affairs Branch 22
Duty to Consult The duty to consult is triggered when there is a proposed government action or decision and the government has real or constructive knowledge of asserted or established Aboriginal or treaty rights that may be adversely affected by the action or decision. Test: 1. Real or constructive knowledge by the Crown of an established or asserted Aboriginal or treaty right 2. Crown contemplates conduct 3. Potential for that conduct to adversely effect the right Aboriginal Affairs Branch 23
First Nations & Métis Perspectives • View the relationship as critical element of resource development: ü Aligns with cultural view and First Nation sense of treaty – equal partners who share the benefits of development. ü Necessary for government, industry and Indigenous groups to establish relationships. ü Mechanism for Indigenous communities to participate in resource development and mineral sector in particular. ü Aboriginal communities often want to participate in mineral and economic development but need the means to do so. Aboriginal Affairs Branch 24
Differing Perspectives Indigenous Industry Free Entry Access to the Land Right to Explore Free, Prior and Informed Consent ‘We are the land’ Right to benefits from exploration Rights Interests Benefits. Forced to Pay Benefits. Accommodation Aboriginal Affairs Branch 25
Opportunities: Finding the Balance • Environmental protection vs. economic development. • Traditional culture, Indigenous Traditional Knowledge and Western science, technology and culture. • Uniqueness and difference among and within Indigenous peoples and communities. Aboriginal Affairs Branch 26
Ontario’s Emerging Approach to Aboriginal Relations Initiatives (and Drivers) 2014+: • Treaty Strategy • Truth and Reconciliation Commission Recommendations and Ontario’s Response • Political Accord • Renewing the Relationship – All ministries expected to support (appropriate to their mandates) these broad areas of action Aboriginal Affairs Branch 27
MNDM Approach • Meeting duty to consult obligations • Building and developing external relations with Indigenous communities and industry • Promoting economic development Aboriginal Affairs Branch 28
MNDM Current Relationship Industry and Indigenous communities need support to build internal capacity to engage and create meaningful relationships. Past/ongoing support includes: • Memoranda of Understandings: Anishinabek Nation, Grand Council Treaty 3, Nishnawbe Aski Nation • Multi-year funding agreements: – Matawa Tribal Council, Métis Nation of Ontario, Mushkegowuk Council – Capacity agreements: Wabun Tribal Council, Bimose, Wahgoshig, Nokiiwin, Windigo Aboriginal Affairs Branch 29
Capacity Initiatives Recent support includes: • Junior Exploration Assistance Program- JEAP (MNDM) • Aboriginal Participation Fund (MNDM) • Aboriginal Economic Development Fund (MAA) • Northern Ontario Heritage Fund Corporation (MNDM) • Northern Community Investment Readiness (MNDM) • New Relationship Fund (MAA) Aboriginal Affairs Branch 30
Next Steps • Promote actions that support economic development and reconciliation. • Outreach to industry for support at early exploration. • Outreach to Aboriginal organizations and communities to support capacity and participation. `Let us face it, we are all here to stay` Justice Lamer, Delgaamuukw, 1997. Aboriginal Affairs Branch 31
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