RE:RE:RE:Look at NDM they have the largest copper deposit in
Hi Johnny,
I am neither a lawyer nor familiar with the Treaty process.
Nevertheless, the (Stage 4) Lake Babine Nation Foundation Agreement is a public document....
https://www2.gov.bc.ca/assets/gov/environment/natural-resource-stewardship/consulting-with-first-nations/agreements/lake_babine_nation_foundation_agreement.pdf
Page 86 contains Schedule G - Collaborative Decision Making Map. The CDM map includes Lake Morrison.
The previous page contains Schedule F - Territory Map which lists area that the LBN feels is covered under Section 35 of the Constitution Act. In other words, thie area listed on this map is where the LBN feels they have aboriginal rights and possibly land claims. Lake Morrison falls within the 'LBN' Territory.
Section 8.3 of the Foundation Agreement state that:
Lake Babine Nation and the Province agree to negotiate and seek to reach agreement on priority Collaborative Decision-Makingprocesses within the Territory in respect of:
.....(b) permiting of Major Mininig Projects, .....
Paragraph 8.4 (b) states...
Lake Babine Nation and the Province will negotiate Collaborative Decision-Making for decisions affecting land or resources lying partly or entirely in geographical areas of the Territory within the area shown on the map included as Schedule G of this Agreement, .....
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Section 8.8 lists LBN's rights in regards to Environmental Assessments under subsection 41(4) of the Environment assessment Act (2018).
Upon the coming into force of the EAA 2018, the Chief Executive Assessment Officer, within six months of receiving a request from Lake Babine Nation, will make a determination under subsection 41(4) and, subject to that determination, the Environmental Assessment Office and Lake Babine Nation will negotiate and seek to reach agreement on collaborative environmental assessments pursuant to s. 41 of the EAA 2018. The negotiation of such an agreement will be guided by the following factors:
(a) respect for Lake Babine Nation’s laws and decision-making processes;
(b) identify how Lake Babine Nation’s key informational inputs such as community values/objectives,assessment methodologies and existing data, will be obtained;(
c) identify how the Environmental Assessment Officeand Lake Babine Nation will seek consensus on recommendations at key stages of the environmental assessment process;(d) consideration of the conditions outlined in Key Step 2 below and how any agreement negotiated and implemented pursuant to s. 41 of the EAA 2018 could begin to address those considerations, specifically Key Step 2 (a) (b) (c) and (e);and(e)identification of an approach to evaluate successful implementation of this subsection 41(4) agreement.Timeframe: Within 6 monthsof Effective Date.....
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Stage 6 of the Treaty Process has yet to be negotiated so I will leave that issue alone.
The Haida Nation case stated that the HN did not have a veto over decisions made by the Government, but that the Government had duties to consult and accommodate the HN.
Those duties would increase depending on how solid the HN's land claim appeared to be.
My understanding of the Stage 6 veto was based on news article I read after the Foundation Agreement was signed. The reporter was interviewing either the Chief or one of the negotiators.
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Hope this provides the clarification you were seeking