Indigenous Dispute Resolution Survey

Dave Porter, the CEO of the BC First Nations Energy and Mining Council has requested a survey be made available for First Nations interested in providing input on impact assessments.  

The First Nations Energy and Mining Council is collaborating with the Impact Assessment Agency to better understand the wishes of Indigenous communities with respect to dispute resolution in impact assessments under the new Impact Assessment Act. The goal is to identify ways to support nations when these federal processes occur.
 
As you may know, the Federal and Provincial governments have passed new environmental assessment laws last year.  Of interest to FNEMC is to understand what types of dispute resolution mechanisms are of interest to First Nations.  A report will be developed and posted on the FNEMC website in the second quarter of 2021 for First Nations.

The survey will close at 12 noon on Day 2 of the BCAFN AGA (November 18th) and the goal is to have the draw for a MacBook Air Computer near the end of the day. 

Question Title

* 1. Has your Indigenous community participated in a federal impact assessment (IA) process where a dispute with the Impact Assessment Agency of Canada (IAAC) occurred?

Question Title

* 2. If you answered yes to question 1, please explain what the dispute was about. If your Indigenous community has participated in more than one federal IA process and a dispute occurred in any of those IA processes, please list those disputes as well.

Question Title

* 3. If you answered yes to question 1, was the dispute resolved:

Question Title

* 4. If the dispute was resolved satisfactorily, please explain how it was resolved.

Question Title

* 5. If the dispute was unsatisfactorily resolved, please explain why.

Question Title

* 6. Has your Indigenous community had a dispute with another Indigenous community regarding conflicting Indigenous rights and title claims to a project area subject to an IA process?

Question Title

* 7. If you answered yes to question 6, how was the dispute addressed?

Question Title

* 8. If you answered yes to question 6, was the dispute resolved:

Question Title

* 9. If the dispute was resolved satisfactorily, please explain how it was resolved.

Question Title

* 10. If the dispute was unsatisfactorily resolved, please explain why.

Question Title

* 11. Under the new federal Impact Assessment Act, when the Minister makes a decision to either approve or not approve a designated reviewable project in an IA process the Minister must determine whether Indigenous consent is achieved throughout the IA process. Currently, there are no clearly identified Indigenous consensus decision points in the IA process. Should there be clear Indigenous consensus decision points identified throughout the IAAC process?

Question Title

* 12. If you answered yes to question 11, do you think that consensus decision points should occur at the:

Question Title

* 13. If you answered no to question 11 or none of the above to question 12, please provide reasons.

Question Title

* 14. If an IAAC project lead makes a decision during the IA process without the Indigenous participant’s consent, should there be a designated dispute resolution process to address the disagreement at that point in the process?

Question Title

* 15. If you answered yes to question 14, what is most important for you to be included in the dispute resolution process.

Question Title

* 16. If you answered “no” to question 14, please share your reason below.

Question Title

* 17. Do you think that any of the following dispute resolution processes are appropriate to resolve a dispute within the IAA process?:

Question Title

* 18. If you answered “None of the above” in question 17, what is an appropriate dispute resolution process to resolve disputes in an IAA process?

Question Title

* 19. Should a dispute resolution process reflect Indigenous values, laws and processes?

Question Title

* 20. If you answered yes to question 19, what is most important to you?

Question Title

* 21. If you answered “None of the above” to question 20, please tell us what is most important to you to be included in the dispute resolution process.

Question Title

* 22. 1.     Would you support a dispute resolution process developed collaboratively by Indigenous communities and IAAC?

Question Title

* 23. If a process is to be developed to resolve disputes between IAAC and Indigenous communities in the IA process, should the dispute resolution process be:

Question Title

* 24. If you answered, “None of the above” in question 23, please explain.

Question Title

* 25. If a dispute resolution process requires a 3rd party to resolve the dispute, what qualifications are most important to you?

Question Title

* 26. If you answered “None of the above” in question 25 or if we missed a qualification that is important to you, please explain.

Question Title

* 27. If there is a risk that participating in a dispute resolution process within the IA process could compromise a future legal claim against the Crown on the project being assessed in the IA process, would you participate in the dispute resolution process?

Question Title

* 28. Do you have any concerns with a dispute resolution process being used in the IA process? What are they?

Question Title

* 29. Do you have any final thoughts on dispute resolution in the IA process?

Question Title

* 30. OPTIONAL: Please feel free to provide us with your name and contact information if you want to participate in the draw.

0 of 30 answered
 

T