Mr. Speaker, a question that I put to the government back in October I felt was very important and merited another go.

The question arose from a concern identified by the federal Commissioner of the Environment and Sustainable Development. In her report, she said she had heard testimony from first nations that the federal government is ignoring its duties. First, it is failing to engage first nation and Métis peoples in the environmental impact assessment and monitoring of their oil sands; second, it is ignoring its duty to collect important traditional ecological knowledge; third, it is failing to consult first nations, thereby making it harder for first nations to participate in decision-making on projects that potentially impact their rights and interests.

It is important at the outset, in reviewing this matter, to give the government the opportunity to again consider the UN Declaration on the Rights of Indigenous Peoples that it has endorsed.

Article 27 of that UNDRIP says:

States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.

Article 29 says:

Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources.

We noted the announcement of the government, particularly by the Minister of Natural Resources, of the new MPMO office to be based in Vancouver, supposedly to engage aboriginal peoples in major projects, more specifically major projects for energy development proposed by external parties, but what about the duty to consult and engage first nation and Métis peoples on their own plans and priorities for their peoples and for their lands and resources, including traditional harvest, medicines, knowledge of wildlife, and land use?

Frankly, it is unclear how an office in Vancouver will facilitate improved consultation with Alberta first nations and Métis in consideration of their traditional knowledge and customs, despite the fact that the government has claimed this office will enable better engagement of first nations in both provinces.

It may be noted that the Federal Court, some years back, held that the former federal minister of the environment, Jim Prentice, erred in law in determining he had no duty to consider the rights and title of first nations in making decisions on critical habitat for species at risk. This case particularly had to do with the right of the first nation peoples in northern Alberta to the protection of the habitat of the caribou and bison, which is part of their traditional harvest.

Sadly, it appears the court directive is not being observed or respected, and the Alberta and B.C. first nations continue to be forced into the courts to uphold their constitutional and treaty rights, or, in the case of the current National Energy Board review on Kinder Morgan, being forced to resort to protest and ultimate arrest.

I am looking forward to hearing a more extensive and detailed response from the government on how it is going to respond to this concern that was raised by the Commissioner of the Environment and Sustainable Development.

Linda Duncan

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