Green Coast Energy Case Study

In 1976 the Fraser government passed the Aboriginal Land Rights Act. Several state governments passed their own Land Rights Acts, which recognised aboriginal and Torres Strait islander claims to land and guaranteed them royalty payments from mining companies working there. Some laws enforced by the government became challenging for most indigenous people to abide by. Through the analysis of this information we understand the impacts the government and its laws had towards the indigenous society of

Often times, when it came to the discussion on equality within Canada, the actions of Canada were compared to those of the United States, and often times, a comment is made stating that the United States could learn from Canada’s example when it came to racial harmony. However, this idea was often criticized as the racial problems within Canada were just as severe. The respect and the livelihood of the First Nation were violated for years even before the start of the twentieth century. However, the issues of the First Nations were hardly ever brought to light by other Canadians because these issues were often hidden deep within the reserves that these First Nations were forced into. From taking their land away to disregarding their cultures, the government rarely ever acknowledged the needs of the First Nations until they could no longer be ignored. The government continuously stressed assimilation, especially with the Indian Act , and expected the First Nations

Although the Canadian government has done a great deal to repair the injustices inflicted on the First Nations people of Canada, legislation is no where near where it needs to be to ensure future protection of aboriginal rights in the nation. An examination of the documents that comprise the Canadian Constitution and the Charter of Rights and Freedoms reveal that there is very little in the supreme legal documents of the nation that protect aboriginal rights. When compared with the United Nations Declaration on the Rights of Indigenous Peoples it is clear that the Canadian Constitution does not acknowledge numerous provisions regarding indigenous people that the UN resolution has included. The most important of these provisions is the

The Canadian government says that it is dedicated to making its obligations to First Nations by discussing issues and bringing closure to all claims. Canada likes to underlie that by looking at the historic inequality and building strong partnerships among First Nations people; governments, and the private sector are emerging. Nevertheless, the current progress of First Nations Land Claims is very unhurried and seems to be deliberately painstaking.

Cole and Foster (2002) describes how many of the Native environmental justice struggles were focused around land and environmental exploitation (p. 26), both of which can be seen with the case of clear cutting in the Grassy Narrows community (Keewatin v Minister of Natural Resources, 2011), as well as with the issues surrounding the case of mercury pollution (Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement, 1986). This is an environmental justice issue because the Grassy Narrows people continually have to deal with environmental racism. Both of the examples mentioned above, along with the fact that they are still battling out in court their right to clean water and harvesting rights that sustains their livelihood (Keewatin v. Ontario Natural Resources, 2013) show how indigenous communities are still facing environmental racism in Canada.

Throughout history, First Nations rights and privileges has been a highly controversial subject in Canada, and remains a debatable topic in society, even in the present-day. Whether it has been the controversies surrounding the missing and murdered Indigenous women or the funding of First Nation’s education, concrete results have yet to be achieved. Consequently, the above forces have delayed the restorative process for the First Nations People. That said, the Canadian Government, whether it is the Conservatives or the Liberals, have attempted to take an active approach to aid the Aboriginal community in their healing process. While the Conservative government failed to address the concerns of the First Nations community such as launching a public inquiry for the missing and murdered Indigenous women and raising funds to increase the literacy rate within the Aboriginal community, the Liberal government has acted in accordance with the above requests from the First Nations community. Although the Liberal government has agreed to provide proper funding to further Indigenous education and to launch a public inquiry for missing and murdered Indigenous women, the federal government has failed to acknowledge that to achieve a sense of reconciliation, the First Nations community requires complete self-government.

The First Nations people of Canada have a long list of treaty rights, as well as many undefined aboriginal rights, from their right to hunt and fish on their land to housing and annuities. However, it’s not all gift-giving and sunshine; while the government of Canada is supposed to respect their rights to hunt on their land and the right to hold title to their land, there are many disputes such as the Ron Sparrow case and the Oka Crisis that show that the Aboriginal peoples’ inherent rights are not always respected, with cases such as that of Don Marshall that show that the government might not exactly be on the First Nation’s side.

According to research done by Discovery News, in January 25, 2013, the top 10 countries, by order of most demand and use of wind energy, are: China, United States, Germany, Spain, India, Italy, France, Canada, Brazil, and Denmark. All of these countries are investing money in wind turbine projects because, in the long run, it is going to benefit them from both the economic and ecofriendly point of view (Discovery News). In addition to these top ten countries in the world, there are more countries that have, or are, investing in these types of projects, since this is the future and correct path for the use Renewable Energy as a replacement for fossil fuels. Fossil fuels are harming the environment to the point where in a short amount of time it is going to be almost impossible to live on Earth because of the catastrophic changes the pollution will cause. (Environmental and Energy Study Institute). The controversies caused in

The Mi’gmaq of Listuguj met with the government on several occasions to resolve this issue, and after many meetings and careful planning we came up with our own law and regulations, and applied them onto pieces of paper, instead of the oral traditions which we followed for thousands of years. These requests to have our own laws and regulations have been granted to us because we had an inherited right to fish salmon long before any federal and provincial governments after a great deal of protesting. It was also finally recognized because it was in written word, this was the only form that the governments would accept. However, today these challenges with oral traditions and court systems are still a commonplace, but there are some successful steps towards the court recognizing and affirming treaty and Indigenous rights. Some attest that these steps in trying to get the Canadian courts to meaningfully recognize treaty and Indigenous rights is more than challenging, it is nearly impossible in some cases because of the colonial governing structures of Canadian society.

A more recent case that should be considered is the Haida Nation v. British Columbia (2004) case. The Haida people “have claimed title to all the lands of Haida Gwaii and the waters surrounding it for more than 100.” However, their title was not legally recognized. The issue of whether British Columbia had a legal duty to consult and possibly accommodate the interests of Aboriginal people was brought before the Supreme of Canada in 2004. The Court held that the Crown had a duty to consult with the Haida people. This particular case provided “broad guidelines for the negotiation and definition of aboriginal title in BC.” The Supreme Court of established that “a general

Currently the Metlakatla First Nations are at Stage 4 in negotiating a treaty intended to provide use and management of land and resources, set out First Nations self-government, and create viable First Nations economies (Treaty, n.d.). The outcome of the treaty process will strongly influence the viability of the project and should be followed closely for any changes that should be made in the assessment process.

Over the past years, Canadian courts have repeatedly urged that aboriginal title conflicts should be resolved through negotiation, rather than litigation. The primary reason being that litigation is costly and time-consuming. For example, the decision for the Delgamuukw case took a duration of thirteen years. Furthermore, litigations that deal with the issue of aboriginal rights and title are “generally narrowly focused” and “ultimately leaves the question [posed about] how aboriginal rights and title apply unwarned.” For instance, the courts of Canada repeatedly failed to come up with a clear definition on the legal scope of Aboriginal rights despite the fact that they have several opportunities to do so. The Delgamuuku case clearly illustrates this when the Court “did not define how aboriginal title applied for the First Nations involved.” Instead, the Court came to the conclusion that a new trial was required, which ultimately will be more expensive and take longer.

The turbine is able to generate energy 24 hours a day, 7 days a week. While the resort may not use all of the electricity that the turbine generates, the excess electricity can be diverted to the power grid and sold resulting in additional money for the resort (approximately $161,000/year).

The major obstacle of Option 2 is that it requires additional administrative work for the First Nations. The additional administrative requirements for the Band may be a burden with the amount of members living on the reserve. Furthermore, considering the facts that close to half of the reserve’s homeowners are

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