Indigenous voices left behind despite global stage recognizing Indigenous as ‘guardians of nature’

Law360 Canada (October 23, 2024, 11:44 AM EDT) --

Charles Hookimaw

Kerrie Blaise

“Guardians of nature include first and foremost Indigenous peoples and local communities,” remarked the United Nations at the opening address of the world’s largest ever global biodiversity conference, COP16, that got underway this week in Cali, Colombia.

A similar sentiment was recently echoed by Indigenous community members and environmental justice advocacy groups in comments made to the federal Impact Assessment Agency of Canada on a regional study occurring on Indigenous lands in Treaty 9, in a region the mining industry has dubbed the “Ring of Fire.”

Community member Charles Hookimaw of Kattawapiskak (Attawapiskat) First Nation recently told the Agency that they ought to be undertaking a biodiversity assessment of the Attawapiskat (Kattawapiskak) River and its watersheds if we are to truly understand the preserve biodiversity and the ecosystems that sustain the well-being of his community.

Northern Ontario-based non-profit Legal Advocates for Nature’s Defence (LAND), on behalf of the Indigenous grassroots group the Friends of the Attawapiskat River, similarly called for an assessment of cumulative impacts where the Ring of Fire is proposed, to understand impacts on the biodiversity of the region, which includes the vast Albany, Attawapiskat and Ekwan rivers, and the thousands of streams that flow into Hudson and James bays.

Together, Hookimaw and LAND are taking issue with the Agency’s design of the regional assessment, which is supposedly co-led with a number of First Nations in the region. As the two point out, the Regional Assessment is co-led in name only. No engagement sessions within any of the affected Indigenous communities, including those that lie directly downstream, occurred and calls for an extension of time to provide comments were denied.

On Oct. 10, 2024, Hookimaw, highlighted his concerns in a letter to Canada, “As a member of the Attawapiskat First Nation, it is disappointing to see that the voices of the Kattawapiskak People will not be heard, and their input will not be considered on the draft terms of reference. It is essential that the community’s input, comments, and concerns are central to the development of the terms of reference which help guide the Co-Led Regional Assessment.”

Another letter sent days later by Hookimaw expresses his deep frustration, questioning the true intent of the study: “The decision made by the Minister of Environment and Climate Change of Canada, Impact Assessment Agency of Canada, Co-Led Regional Assessment Working Group, and Chief and Council to exclude community engagement with the Attawapiskat people is regrettable and troublesome. There is a representative that was appointed by the Chief and the participation of the Chief and Council’s legal counsel in the Co-Led Regional Assessment, but the absence of meaningful engagement with community members may undermine the integrity and true purpose of the Regional Assessment, providing it with only ineffective document for our community.”

The way forward for the regional assessment is still to be determined — which means the two are holding out hope that the agency will change course and recognize the unprecedented opportunity this Regional Assessment provides to be the first of its kind to be Indigenous-led. This would mean affected downstream Indigenous communities would have direct input on the regional study, ensuring their interests and Inherent Rights are preserved and protected.

Hookimaw and LAND continue to urge the Canadian government to consider the long-term environmental and social implications of these decisions and to change its course by addressing these concerns. With Canada’s diminished environmental integrity and its commitment to Indigenous Inherent Rights at stake, it is crucial to act in the best interest of both biodiversity and affected Indigenous communities.

“If Indigenous voices are not heard, where is the true meaning of “Guardians of nature include first and foremost Indigenous peoples and local communities?” (Charles Hookimaw, Indigenous advisor and member of Kattawapiskat (Attawapiskat) First Nation)

“Indigenous peoples and allies alike have a role in ensuring Canada remains accountable to its obligations and that we respond to the humanitarian crisis which is biodiversity loss.” (Kerrie Blaise, Legal Counsel and Founder, LAND)

The world recognizes now is the time for Indigenous peoples and local communities to drive peace with nature. Together, we urge the international community at COP16 to pressure Canada to do the right thing for biodiversity and Indigenous communities in Northern Ontario.

Charles Hookimaw is a member of Kattawapiskak (Attawapiskat First Nation) and an Indigenous adviser on mining, environmental and First Nation matters.

Kerrie Blaise is an environmental and Indigenous rights lawyer from Robinson Huron treaty territory and founder of Legal Advocates for Nature’s Defence, a non-profit dedicated to the protection of nature and honouring of Indigenous sovereignty in law and policy.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.   

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