RE:UpdateOn February 25, 2022 the Joint Review Panel (Panel) received the written submission of Pays Plat First Nation (PPFN) (CIAR #1080). The submission contained a procedural motion and a confidentiality motion. PPFN’s procedural motion proposed two modifications/additions to the Public Hearing Procedures (CIAR #956): (1) that sections of the preamble of the 2019 legislation (the Impact Assessment Act) be incorporated as an aspect of the purpose of the Panel, and (2) that elements from the Indigenous Traditional Knowledge section of the Impact Assessment Act (section 119) be added to the Public Hearing Procedures.
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The Panel does not accept that it would be appropriate to include in the Hearing Procedures language from the preamble of a statute. Further, the PPFN’s request to add sec. 119 of the IAA would create a presumption of confidentiality over Indigenous knowledge. There is no such statutory presumption in CEAA 2012. Rather, under CEAA 2012 a review panel can only grant confidentiality over information or evidence where it is satisfied that the requirements of sec. 45(4) or (5) are met. For this reason, the Panel is denying the procedural motion.
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The Panel denies PPFN’s request to share the Report only with the Panel. However, the Panel would accept the Report on a confidential basis if identified representatives of GenPGM and identified members of the Review Panel Secretariat were also permitted to review it, subject to signing a Confidentiality Agreement. Any breach of a Confidentiality Agreement would have serious legal consequences. Finally, the Panel invites PPFN to submit a modified Report with any necessary redactions to avoid the disclosure of sensitive genealogical information.