EDITOR’S NOTE: This article originally appeared on The Trillium, a Village Media website devoted exclusively to covering provincial politics at Queen’s Park
TORONTO - Even with the United States trade war casting a shadow over the event, Indigenous participation in the mining industry was the hot topic at this year's Prospectors and Developers Association of Canada (PDAC) conference in Toronto, which wrapped up on Wednesday.
At least one major deal was signed between a mining company and First Nations this week. Meanwhile, Canadian Mining Association President Pierre Gratton told investors at the conference Monday that the industry is eager to make deals with Indigenous communities and accommodate their needs.
However, what the industry needs is certainty in that process, he said.
"Our industry (works) pretty well when the rules are clear. We just want to know what the rules are. We just want to know who we pay taxes to," said Gratton.
"What the industry, of course, doesn't like is uncertainty."
The problem is that the rules of engagement with Indigenous communities — including which groups count as "Indigenous" — appear to be far from settled.
Wild desire for the Ring of Fire
Ontario's newly re-elected PC government is very eager to see the proposed Ring of Fire mining development come to fruition.
Ford has been pitching the Ring of Fire as an integral part of his vision to secure the Ontario economy against American tariffs as part of an alliance with the U.S. he calls "Fortress Am-Can." However, at the current pace set by First Nations Webequie and Marten Falls, the roads needed to access the Ring of Fire site may not be fully constructed until nearly 2040.
During a press conference at PDAC on Monday, Ford continued to express his frustration with how slowly the project is proceeding. He pinned the blame largely on the federal government's regional impact assessments.
"What jurisdiction in the world can take five, to seven, to 10 years to get done? That's done. We're going to move forward. We're going to work with First Nations communities," said Ford.
“We can't be dilly-dallying around for five to 10 years while our neighbours to the south are saying, 'come to the US, we'll get you permits in a year.'"
It was the PC government that asked Webequie and Marten Falls to perform the environmental assessments (EAs) of the access roads, and they are being conducted with exceedingly detailed environmental research and incorporation of traditional knowledge.
Asked by The Trillium if the province will seek to cut short the EAs in order to save time, Ford wouldn't rule it out.
"We are going to sit down with them and have a great conversation," he said.
Another open question surrounding the Ring of Fire mining project is whether all First Nations in the region around the site will need to agree to the access roads.
Neskantaga First Nation has said the roads shouldn’t go ahead without its consent, despite the fact the roads would not connect to their community — located roughly 200 kilometres away from the Ring of Fire site.
Neskantaga shares the same watershed as the Ring of Fire and is a member of the Matawa First Nations, which were recognized by the leaders of other First Nations in Ontario as collectively having Aboriginal jurisdiction over the project.
During the election campaign, Ford said it was "ridiculous" to consult with Indigenous communities located hundreds of kilometres away and seemed to dare First Nations to sue.
"Take us to court, do whatever you want, we’re moving,” Ford said during a campaign stop in Sudbury. “Enough’s enough, it’s been 20 years.”
Ford's rhetoric has not gone over well, even among First Nations supporters of the access roads.
At PDAC on Sunday, Fort Albany First Nation elder Ed Sackaney said Ford's "'enough is enough' talk (is) not conducive to good relations."
Marten Falls' Director of Natural Resources and Environment Kathy Brady characterized the consultation process on the Ring of Fire project itself as "modern colonization."
"This is the real bulldozer we are dealing with right now," said Brady, referring to Ford's infamous promise to "hop on a bulldozer" himself to build the Ring of Fire access roads.
"Ontario is using this process to check their boxes easily, without having to go through all the in-depth consultation."
Asked to respond to Ford's election comments during a press conference at PDAC Monday, Mines Minister George Pirie would only say that "my ministry and the government of Ontario is fully committed to the duty to consult."
Should the feds 'get out of the way' or stay?
Ford is also promising to push for changes to federal rules and says part of his mandate will be to push the federal government to end its separate regional impact assessments of mining projects like the Ring of Fire, arguing they are redundant and that a provincial EA of such projects is good enough.
Indigenous Affairs Minister Greg Rickford added that the government is "building consensus" with First Nations on the Ring of Fire and that the federal government should "get out of the way and let the province work directly with First Nations so we can get more work done."
Pirie added there is "a wide-ranging frustration with the interference from the federal government."
“Across the table with all the provinces and territories, there's a frustration with the federal interference and stepping into areas that are the provincial responsibilities," Pirie said.
But not all Indigenous communities want the federal government out of the way.
At a seminar for investors, Quebec-based Cree Nation Government Grand Chief Mandy Gull-Masty called for a new national governmental body to give Indigenous groups more regulatory and oversight powers over mining.
"I really believe that there is a necessity for a regulatory or oversight body that's representative of the Indigenous engagement in mining. This is something that I think should be driven by First Nations, should be determined by First Nations, but should also be inclusive and open to partnership," said Gull-Masty, adding that such an organization would create a "safe space" for engagement with the mining industry to begin.
In January, Ottawa announced the creation of a new impact assessment working group comprised of more than a dozen First Nations, including steadfast opponents of the project like Neskantaga.
At PDAC this week, federal Energy and Natural Resources Minister Jonathan Wilkinson announced millions of dollars in funding to help facilitate more Indigenous engagement with the mining sector, while defending the impact assessment process.
"We are working bilaterally with many of the provinces and territories to integrate their processes with federal processes to ensure that, while we continue to protect the environment and engage with Indigenous communities, that we are doing this as efficiently as possible," said Wilkinson.
The Métis question
While governments and industry say they support increased Indigenous engagement in mining, in Ontario there is a major dispute about who counts as "Indigenous” — with mining companies being told they must pick a side.
At the investor seminar, Métis Nation of Alberta president Andrea Sandmaier said a partnership between the mining industry and Indigenous communities means the companies must engage with all groups who have Aboriginal rights under Canada's constitution, including the Métis.
"We are here to build partnerships with proponents, with government, and to make sure that our citizens are involved in the economic development of this country like we always have been," said Sandmaier.
But while the Aboriginal rights of Métis communities may be uncontroversial in western Canada, that is far from the case in Ontario.
For years, First Nations in Ontario and the Métis Nation of Ontario (MNO) have been locked in an increasingly nasty war of words over the rights of Métis communities.
First Nations, however, argue that the MNO and its citizens are not Indigenous at all, and are merely appropriating an Indigenous identity and its inherent land rights based on dubious historical evidence, which the MNO vehemently denies.
At a press conference organized by the Chiefs of Ontario at PDAC this week, First Nation leaders warned the mining industry it cannot remain neutral in this conflict.
Companies that make deals with the MNO as part of their Indigenous consultations ahead of a new project — such as signing impact benefit agreements — may find that local First Nations will refuse to do business with them.
"We have advised mining partners in our region that if they're going to do deals with the Métis, they may not get to a deal with nations. So pick your poison," said Jason Batise, executive director of the Wabun Tribal Council.
In a statement to The Trillium, the MNO said it is "disappointed" that the First Nations are once again "denying the existence of Métis communities in Ontario and their rights to be consulted on resource projects in the province."
"This right to be consulted, including on matters related to land, resources, and mining developments, is grounded on the historic and ongoing presence of Métis communities in Ontario."
This leaves mining companies between a rock and a hard place.
Ontario's framework for consultations between Aboriginal communities and mining companies requires companies "to identify those Aboriginal communities (First Nation and Métis) whose established or credibly asserted Aboriginal or treaty rights may be adversely affected by proposed mineral exploration and development activities."
In 2017, Ontario and Ottawa signed a self-government agreement with the MNO, which affirms their recognition of the aboriginal rights of Métis communities in Ontario.
First Nations at PDAC argued that recognition should be withdrawn, and promised to support any mining company that abides by their prohibition against working with the MNO.
"We're here and we're with you, and ... we'll stand shoulder-to-shoulder with you against false assertions of Indigenous communities that simply don't exist, and we've done that in our region," said Batise.
Asked about this conflict between First Nations and Métis, Ontario’s mining minister said he doesn't think there is any issue with the consultation rules as they stand.
"We have a duty here in Ontario to fulfill the duty to consult. We carry through that through to the proponents and Indigenous communities," said Pirie.
"Quite frankly, I don't think there is any problem with how we conduct our business. What we are talking about here is an evolving situation within the relations between Indigenous communities ... I am sure we will solve it."
Deals still getting done despite the uncertainties
Despite all the calls for rule changes and ultimatums, at least one major deal was signed between a mining company and First Nations during PDAC.
The deal was between Canada Nickel Company Inc. and three member communities of the Wabun Tribal Council, setting out the benefits to First Nation businesses and workers in the early phases of a new open-pit nickel and cobalt mine called the Crawford Nickel Project. It also sets out a framework for negotiations for a comprehensive Impact Benefit Agreement later on.
"Today's announcement sets that course for a stronger Canadian economy that is built by First Nations businesses,” said Canada Nickel CEO Mark Selby.
“While we continue working toward a broader impact benefits agreement, this contracting agreement ensures that meaningful opportunities for First Nations businesses start now, not years down the road.”
Flying Post First Nation Chief Murray Ray hailed the deal as “just the beginning of a much longer journey.”
“For our nation, stewardship is more than a responsibility, it is so much of who we are. We will continue to protect our lands, ensure people have a say in what happens in our community, and create opportunities that reflect our values and our future,” said Ray.
Mattagami First Nation Chief Jennifer Constant declined to confirm whether Canada Nickel Company had agreed to cut out the Métis as part of their agreement.
Asked if they think the current rules and expectations for partnership between the industry and Indigenous groups are clear enough, Selby said he believes there is “one very fundamental rule.”
“We only work where the First Nations communities, whose traditional land we're working on, give us informed consent to go and work there,” the CEO said.
“That's been a fundamental part of our DNA since day one. And yeah, that does mean in certain instances, it takes longer. But we're all here today because, back in 2019, we started having conversations about what we're going to do and how we're going to work together.”