An Open Letter to all levels of Government to provide Clear Instruction on Consultation with Nuu-chah-nulth Nations
On behalf of Nuu-chah-nulth citizens, particularly our children, we put the Government of Canada and the Province of British Columbia on notice to conduct themselves according to their lawful responsibility to consult, accommodate and obtain Nuu-chah-nulth Nations’ free, prior and informed consent before any development is to occur in the Ha’wiih’s Ha’houlthee (chiefly territories) along the West Coast of Vancouver Island.
Aboriginal Rights and Aboriginal Title are inherent, rooted in Indigenous law. They are enshrined in Canadian law under Section 35 of Canada’s Constitution, and judicially recognized many times over in Canada’s courts. They are empowered internationally by the United Nations Declaration on the Rights of Indigenous Peoples. Treaty Rights have been ratified through legislation under the Maa-nulth Final Agreement.
Nuu-chah-nulth Nations have lived along the West Coast of Vancouver Island since time immemorial and Nuu-chah-nulth Leadership takes seriously its responsibilities to care for the earth, land and water for our future generations. Our Nations will always stand up for the rights of our children and for those not yet born, and will strive to ensure our interests are heard, and attended to, before any project or development occurs within our territories.
To maintain good working relationships between our Nations and government, Nuu-chah-nulth rights should never be infringed, disrespected or dishonoured. Each and every Nuu-chah-nulth Nation has the independent sovereign authority to decide which projects in their territories they will support or reject, balancing economic development needs with their responsibilities to the people and the environment.
Consent
Consent must be obtained from any and all Nuu-chah-nulth Nations whose territories would be affected by proposed projects onshore and offshore. Nuu-chah-nulth Nations are committed to the highest environmental standards to avoid or mitigate catastrophic events associated with all development. Nuu-chah-nulth Nations look favorably on economic development, but will not endanger the interests of future generations for short-term gain.
Consultation
Consultation isn’t simply having a meeting. It isn’t just a phone call or an email. Consultation isn’t an afterthought. All levels of government have a lawful responsibility to begin full consultation, transparent and in good faith, at the planning stages of any project proposed, during implementation of the project, operation of the project and wind-down of the project. To foster good relations, consultation must occur within the territory where the project is planned. The process of consultation can take place within a consultation agreement or protocol, and, in many cases, the mutual development of this protocol will be the first step with individual Nations.
Accommodation
Government must not just tell our Nations what is proposed, they must ensure Nuu-chah-nulth interests on any and all details of a project are heard and, when necessary, accommodated. All efforts must be exhausted to resolve identified concerns that may encroach on our interests.
Conclusion
Nuu-chah-nulth Nations look to foster relationships with governments that are grounded in respect for Nuu-chah-nulth lawful rights, and that starts on a foundation of consultation, accommodation and free, prior and informed consent. Nuu-chah-nulth people have lived by two integral principles for thousands of years: Hishuk ish Tsawalk (everything is one and all is interconnected), and Iisaak (respect).
We welcome the opportunity to meet with any government Ministers to have further dialogue with respect to this open letter and to foster a new relationship with Nuu-chah-nulth Nations. Please feel free to contact us at 250-724-5757 to arrange a meeting with your Ministry and the NTC.
Sincerely,
Debra Foxcroft, President
Nuu-chah-nulth Tribal Council
Ken Watts, Vice President
Nuu-chah-nulth Tribal Council
cc: Hon. Rich Coleman, Deputy Premier and Minister of Natural Gas Development and Minister Responsible for Housing
Hon. John Rustad, Minister of Aboriginal Relations and Reconciliation
Hon. Bill Bennett, Minister of Energy and Mines and Minister Responsible for Core Review
Hon. Mary Polak, Minister of Environment
Hon. Steve Thomson, Minister of Forests, Lands and Natural Resource Operations
Hon. Suzanne Anton, Attorney General and Minister of Justice
Hon. Bernard Valcourt, Minister of Aboriginal Affairs and Northern Development
Hon. Peter MacKay, Attorney General of Canada and Minister of Justice
Hon. James Moore, Minister of Industry
Hon. Leona Aglukkaq, Minister of Canadian Northern Economic Development Agency and Minister for the Arctic Council and Minister of the Environment
Hon. Gail Shea, Minister of Fisheries and Oceans
Hon. Greg Rickford, Minister for the Federal Economic Development Initiative for Northern Ontario and Minister of Natural Resources
Tom Mulcair, Leader of the New Democratic Party and the Official Opposition
John Horgan, Leader of the BC New Democratic Party and the Official Opposition
Justin Trudeau, Leader of the Liberal Party of Canada
Assembly of First Nations
BC Assembly of First Nations
First Nations Summit
Union of BC Indian Chiefs
Nuu-chah-nulth Tribal Council Board of Directors
BC First Nations
