B.C. First Nation groups are getting the short end of the stick when it comes to mining projects, according to a Harvard Law School study.
“The Harvard study has reflected, reinforced and validated the increasing alarm in our First Nation communities as third-party interests are granted free and unfettered access to the land and resources of our respective territories,” said Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs.
The 200-page report represents a partnership between the law school’s International Human Rights Clinic and the Takla First Nation, which occupies a massive traditional territory in north-central B.C.
The clinic based its findings on a field mission to Takla’s territory in 2009, and 50 interviews with First Nations, government and industry representatives.
While some safeguards against environmental damage exist, the report found, they largely favour industry.
“While some First Nations have benefited from mining within their boundaries, in general, First Nations bear an unfair burden at every point in the mining process, from the registration of claims to exploration, production, and abandonment of closed sites,” the study said.
It added that the province needs to “urgently” reform its laws to shift some of the burden to government and industry.
Harvard focused on the Takla because of its history of opposition to mining projects.
The Takla are a member nation of the Carrier Sekani Tribal Council, which includes eight First Nations that claim 7.87 million hectares of traditional territory in Northern B.C., which is roughly twice the size of Vancouver Island.
BIV spoke with the council’s vice-tribal chief Terry Teegee a few weeks ago when the Stellat’en First Nation, a council member, filed a petition in B.C. Supreme Court to halt the expansion of Thompson Creek Metals Co. Inc.’s (TSX:TCM) Endako mine (see “First Nation files petition to challenge Endako mine expansion” – issue 1075, June 1-7).
Teegee said B.C. First Nations aren’t opposed to all mining projects, but a lack of consultation is often what leads to problems.