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Manitoba Conservation

Wabanong Nakaygum Okimawin (WNO)

      "East Side of the Lake Governance"

(Formerly known as the East Side Planning Initiative)

NACC Community Consultations

NACC Community Consultation
Submission to East Side Round Table
East Side of Lake Winnipeg Planning Initiative
June, 2004

Submitted by:

Northern Association of Community Councils
750 – 331 Smith Street
Winnipeg , Manitoba    R3C 0S5
Ph:  (204) 947-2227      Fax:  (204) 947-2446
Toll Free:  1-888-947-6222
e-mail:  nacc@mb.sympatico.ca

Table of Contents

IMPLICATIONS OF THE PROCESS AND DATA COLLECTED
ISSUES AND RECOMMENDATIONS
Traditional Activities
Existing Land Uses and New Development Proposals
Protecting the Boreal Environment
Aboriginal and Treaty Rights
Ensuring an On-Going Mechanism for Plan Implementation
Aboriginal and Community Development
Community and Regional Planning
Economic & Employment Development
Capacity Development
Divisions Within and Between Communities
Consultations on Land and Resources Allocations
Cynicism
Consultation and Communication
Protected Areas
Forest Resources
Transportation
Tourism and Recreation
Hydro
Mining
Other Issues
Commercial Fishing
Health and Social Issues

 SCHEDULE A  -  COMMUNITY REPORT

 
Aghaming
  
Berens River  
Bissett
Island Lake
Loon Straits
  
Matheson Island  
Manigotogan  
Norway House
Pine Dock
Princess Harbour
Seymourville


                       

NACC Community Consultations
Submission to the
East Side of Lake Winnipeg Round Table
prepared by Karen A. Peterson, Phd

Disclaimer:  The following document expresses the opinions of NACC communities only.  NACC does not in any way speak on behalf of the First Nation communities.

IMPLICATIONS OF THE PROCESS AND DATA COLLECTED

The Province of Manitoba and the East Side Secretariat are commended for their efforts to develop a Broad Area Plan. The move toward sustainable development and including the various publics in the planning process is a welcome change to the previous way of conducting business in the region.  The task is a formidable one that has taken a great deal of planning and co-ordination to assemble the amount of information required within the time frame and budget allocations. The intentions and efforts put forward to date are duly recognized.  To facilitate continuation of the process and the future implementation of the plan, the following narrative discusses the implications of the consultation process and the data collected.  Included is a summary of the community discussions and an integration of their recommendations.

Although the objectives of the planning process were to bring together local communities, First Nations, industry and environmental organizations to develop a vision for land resource use that considered values of the boreal forest and local needs, the identification of issues and opportunities by the initial WNO Review Panel pre-determined the type of information to be collected and thereby the outcomes to be achieved.  Although the Panel had discussions with local and First Nation communities, failure to include aboriginal representation on the Review Panel or on the Advisory Committee leaves interpretation and identification of relevant issues to the discretion of non-native members.  Although well-intentioned, omissions can occur when issues and concerns are reframed to fit within acceptable parameters of a governing group.  Expectations are then shaped by the structure of the inquiry, not by the real needs of the communities and publics potentially affected.

Although the Broad Area Plan (BAP) is to consider the social, economic and environmental aspects of the watershed, none of the BAP categories directly relate to social issues, yet social issues were continually raised throughout the community consultation process.  In addition, the two categories of “Traditional Activities” and “Existing Land Uses and New Development Proposals” identified in the ESPI Preliminary Report are missing in the BAP Template.  Failure to include these issues in the working group deliberations convey the impression that the ESPI is not serious in its attempt to respect aboriginal rights, land use, local lifestyle and culture.  It also restricts the potential for communities to fully participate in current planning and development of the region. This situation fuels cynicism within the NACC communities.  They are concerned that the government already has a plan in place and is merely going through the motions of community consultation.  Issues of traditional activities and existing land uses and new developments were consistently raised during consultations and are reported within this submission.  

The Terms of Reference for the community consultations focused on the issues previously identified during the first East Side Round Table visits during the fall of 2003.  A discussion format was used to expand upon or clarify the issues identified in the “What We Heard” document which provided a focus and starting point for discussion at the community level.  To facilitate the identification of issues and concerns, additional comments and recommendations were conceptualized under categories that emerged from the community discussion itself, rather than limit discussion to the categories identified in the ESPI Preliminary Report or BAP template. In this manner, each community had the opportunity for a free flowing discussion to identify issues and concerns from their perspective and reality. This processes resulted in individual community reports where communities identified issues that they considered legitimate. These reports are included as Schedule A to this submission.  To prepare the final NACC submission, community issues were integrated and incorporated into the BAP template where feasible.  The difficulty inherent in this kind process, however, is that the spirit and intent of the information emerging at the community level can be lost as the data is fit within pre-determined categories as mentioned above.

Timeframes and limited funding also determined the scope of the current community consultations and the amount of community involvement that could actually occur.  As a result, the consultation process has merely sketched the tip of the iceberg regarding the reality facing NACC communities. The focus on information sharing, the short timeframes and inadequate resource allocations made the task to gather specific data from a broad range of publics such as the trappers, commercial fishermen, prospectors as well as the communities potentially affected on the west side of the lake, problematic. The issues identified, however, provide a starting point and can be the focus for the collection of socio-economic data and local environmental knowledge which is an integral component of sustainable development planning that was missing in the current consultation process. Communities are also interested in hearing concerns and sharing ideas with other communities and working together to influence decision making for the region as a whole.  

The following submission integrates the comments and recommendations from the NACC communities.  It identifies the work and research that would facilitate the incorporation of community input within the Wabanong Nakagum Okimawin.

(table of contents)   

ISSUES AND RECOMMENDATIONS 

Traditional Activities

The east side round table include traditional ecological knowledge and address traditional activities within the planning area. 

There is a vast amount of local and indigenous environmental knowledge which is being untapped.  There is no mechanism to gather this knowledge nor is there a method identified regarding how it will be integrated and combined with western science to inform the Broad Area Plan process and future planning initiatives.

Recommendations:

Traditional Activities

·         Government needs to acknowledge and take serious local and indigenous environmental knowledge. 

·         Methods to gather and incorporate local and indigenous knowledge into the Broad Area Planning process needs to be developed and implemented. 

Existing Land Uses and New Development Proposals

Existing land uses including forest tenure and protected areas designation shall continue.  Crown land and resource development and allocation requests which have a minor land use or environmental effect would be processed and approved or declined as per normal government administrative procedures.  Examples include: cottage lots, lodge out camps, trapping cabins and fishing and hunting licenses.  Upon approval of the plan, allocations and land uses would then be administered in compliance with the plan.

Major concerns have been raised regarding cottage lot development, protected areas, lodge out camps and fishing licenses since they impinge and impact the way of life of the people living on the East Side .  Imposing controls through the protected area system restricts access and use by local people.  There is concern that cottage lot development will incur environmental impacts that are beyond a minor effect.  There will be increased pressures on sewage disposal, emergency response, traffic and pollutants entering the environment.  With all the development happening in the region, the current infrastructure cannot support it. In addition, questions are raised regarding who will benefit from the tax revenue generated by development.  Without consultation and involvement, the fear is that these initiatives will occur at the expense of the communities.

Recommendation:

       Existing Land Uses and New Development Proposals

  • Involve NACC communities in the planning, development and the benefits accruing from existing land uses and new development proposals.  

    (table of contents)   

        

Protecting the Boreal Environment 

Consistent throughout the NACC consultations is reference to Lake Winnipeg and the quality of water.  Concerns are raised regarding changes to the lake, quality of fish and increasing pollution due to developments throughout the watershed of Lake Winnipeg . The water quality on the Muskeg River has dropped as well.  The watershed also includes the Saskatchewan River which flows from Alberta through Saskatchewan and Manitoba .  Old dry cell batteries are in the water which adds acid. Not until the 1970s did we have this problem.  The current of the water washes mercury from the old dock and slabs.  The highways’ yard contains salt and calcium and PCBs contaminate the land.  There is also diesel fuel underground which Hydro says is not moving.  People in the community have planted gardens there. The creek flows through that area as well.  All this needs to be cleaned up. Peoples’ health is affected by the water and children swim in it as well. 

Many NACC communities are involved in commercial fishing and many businesses in the region as well as the province indirectly benefit through spin off economic activities. There is danger that continued deterioration of the quality of the water coupled with reduced prices for fish, jeopardizes the long term sustainability of the fishing industry.  Information is needed regarding industrial impacts occurring on the Lake and waters upstream. 

Environmental issues include increasing problems of sewage disposal due to increasing cottage development, environmental clean up from past development, erosion of river banks and maintaining biodiversity to maintain lifestyles and traditional activities. The increase of boats on the water due to tourism increases splashing onto shore which stirs up the whole lake. Erosion has also resulted in the loss of the beach that had been used by locals for recreation.  The water level is low and the area is now full of clay. Chemical spraying by Hydro and the Department of Highways contaminates the vegetation and fish consumed by local people. Calcium on the roadways ends up in the lake. Awareness of the affects and increased enforcement of regulations could help curb conservation and environmental violations.

Recommendations:  

Protecting the Boreal Environment

·           Research and involve other groups/agencies/departments concerned with protecting the environment.  

·         Investigate environmental problems and develop inter-jurisdictional mechanisms to address the full effect of watershed issues.  

·         Increased enforcement by appropriate agencies should take place to discourage violations of conservation and environmental regulations and policies. 

Water Quality

·         Water quality needs to be maintained and monitored to sustain the fishing industry.  

·         Develop an on-going dialogue and follow-up with the Board that is studying the effects of Lake Winnipeg . 

·         Properly clean up the Wanibigow River system.

Sewage Disposal  

·         Regulations for sewage disposal need to be developed and clearly communicated to cottagers through signage and pamphlets to raise awareness.

·        Enforcement mechanisms for waste disposal need to be developed to ensure compliance. 

·         Regulations need to be enforced by the appropriate agencies to stop and control poor waste disposal habits.

Bio Diversity  

·         Corporations and companies not complying with environmental regulations should be charged to discourage environmental damage and encourage sustainable development.

 

·    Corporations should be involved in regional discussions so they can become aware of the communities’ interests and environmental concerns in the region.

 

·    Conduct studies to determine why the weeds are not growing.

 

·    Document local knowledge; conduct surveys and land use mapping. 

 

·    Impact assessments need to be conducted from a long-term perspective.

·    Communities need to comply with their operating licenses of lagoons.

 

·    Industry needs to get directly involved in sustainable development initiatives.  

·    Bio-diversity in the region needs to be maintained through appropriate study and consultation for sustainable development.

·    Wildlife needs to be maintained in the area.

·    Keep from spraying chemicals.  

·    Stop putting pollutants into the system.  

·    Protect Aboriginal and Treaty Rights by maintaining hunting, fishing, trapping and gathering.

Clean Up

·         NACC communities need to get involved in Hydro initiatives regarding environmental clean up.  

·         Research the extent of contamination and implement clean up initiatives.  

·         Promote a clean environment.

·         Before moving forward, fix the current problems 

(table of contents)   

Aboriginal and Treaty Rights

Aboriginal rights are impacted by major development on traditional lands and aboriginal people have an interest in protecting these lands from outside incursion.   Aboriginal and Treaty Rights pertain to crown lands that contain specific hunting and fishing territories where harvesting activities form the base of an informal economy.  Recent court decisions regarding disputes over land use consistently rule in favor of aboriginal rights.  The test of Sparrow (1990), for example,  is to conduct adequate consultation to identify all the interests and concerns and to ensure minimal impact.  Delgamuuk (1997) calls for meaningful consultation when access to and use of lands and resource potentially infringe upon aboriginal and treaty rights.  Delgamuuk requires something significantly deeper that mere consultation where aboriginal people are fully informed, in a timely manner, that there are meaningful opportunities to express interests, issues and concerns and that they are given serious consideration. Weyerhauser (2002) refers to accommodation of the proprietary interests of aboriginal peoples in relation to land use.

Ninety per cent (90%) of the people in NACC communities have regained their status through Bill C31 of the Indian Act.  Although some have become members of a First Nation, many have not.  Without affiliation, the ESPI First Nation Council cannot represent their interests.  Individuals under Bill C31 must represent their own interests notwithstanding the fiduciary obligation of the federal government under INAC to ensure that their aboriginal rights are protected.  INAC, however, has been a missing player in the ESPI deliberations and there has not been a mechanism or protocol developed to address Bill C31 aboriginal rights. Consultation before protocol is to put the cart before the horse. The restricted time frames and limited amount of monies designated for community consultation is insufficient to ensure that these legal requirements can be met.  Communities cannot become fully informed about the Broad Area Planning Initiative to enable them to express their interests and identify concerns based on reflection and meaningful involvement by community members.  Impact cannot be determined, as well, if information is not gathered regarding traditional life style and its significance to the communities.  From an aboriginal perspective, this situation gives the impression that the government doesn’t understand the complexities of aboriginal rights and its implications which leads to cynicism and skepticism that community input will be taken seriously. 

Recommendations: 

 

       Aboriginal and Treaty Rights

  • The new Aboriginal Affairs Committee of cabinet should ensure that the NACC communities are not forgotten. 
  • A broader scope of consultation consistent with the recommendation of the COSDI Report needs to be designed and implemented that takes into consideration the aboriginal rights of Bill C31 individuals and the role of INAC.  Collective rights need to be considered, the identification of real issues as identified by the communities themselves and the provision of mutual benefit.

    (table of contents)   

Ensuring an On-Going Mechanism for Plan Implementation 

Long term viability of the Broad Area Plan is in jeopardy when aboriginal communities have voiced the concern that consultation has not been adequate.

Recommendations: 

 

       Ensuring an On-Going Mechanism for Plan Implementation

 

·         Develop appropriate processes for meaningful involvement with NACC communities.  

·         Include elders on the Advisory Committee and have the Advisory Committee meet on an on-going basis not just once or twice in the process.  

·         Develop inter-jurisdictional agreements to resolve complex past issues and to address potential future infringement of Aboriginal and Treaty Rights in a comprehensive manner.  

·         Every effort needs to be made to include the regional round tables in planning initiatives.  

·         A workshop/conference with NACC communities must be organized to share information regarding their issues and concerns and to collaboratively develop a vision, role and strategy for continued involvement in the Broad Area Planning initiative.  

·         Communities should choose the people to sit on the round table.  They should not be appointed.  

·         Develop a mechanism to resolve conflicts between public interest and proprietary rights of aboriginal peoples.  

·         Maintain NACC status on the East Side committees and the planning process.  NACC should have a representative there and have it all the time.  A consultant should be hired directly by the communities to work on their behalf and on an on-going basis.  

·         Formalize guidelines, develop standards and create linkages across departmental lines.  

·         Develop integrated policies to overcome the barrier of fragmented responsibility.

(table of contents)   

Community and Regional Planning

Aboriginal and Community Development

NACC communities lack the community plans and land use studies of the surrounding area to incorporate community aspirations and long range plans into the Broad Area Planning process.  Shareholders of companies are also marching to a different drummer than the concepts of sustainable development.  The economic and political drivers are disrupting and NACC communities are not sure where development is headed.  The regional economic Round Table is currently being driven by Northern Affairs and the old systems are not in tune with new concepts.  The communities need to first learn how to become a region where the design of development meets community not government needs.

Recommendations:  

Aboriginal Community and Regional Planning

·   WNO needs to support and encourage the development of community plans.  

·   Legal surveys need to be completed for all NACC communities.  

·   Formalize guidelines, develop standards and create linkages across departmental lines that enable rather than hinder community and regional development.  

·   Adequate resources need to be provided for communities to hire appropriate expertise to assist with the development of community and land use plans on their own terms.  Land use studies need to be conducted within community boundaries and the surrounding area.  

·   A regional vision needs to be developed collaboratively with all players.  

·   Impact assessments need to be conducted before developing the east side.  

·   NACC communities need continued involvement to have a say.  

·   Increase understanding of the concept of sustainable development and promote sustainable living concepts.  

·   Local communities need to support local businesses.  

·   Develop a mechanism and the capacity for communities to work co-operatively together.  

·   A questionnaire needs to be developed for the youth to get their input.  We need to have a youth and elder gathering.  

·   Management has to come from within.  

·   Provide services such as cell phones, call waiting, etc.

·   Develop emergency response plans to correspond with future development needs.

(table of contents)   

Economic & Employment Development

To improve a region, you need to respond to the opportunities.  Through combined community efforts, we could build mini successes and learn from the values achieved.  These successes, in turn, can be used as a measuring tool for further development. Protection against liability is a barrier to moving forward.  Identification of responsible parties is not clearly stated which leave projects vulnerable.  There is fragmentation of responsibility within government and micro-management stifles progress.  Initiatives have worked in spite of the system. 

Recommendations: 

          Economic and Employment Development

·         A mechanism needs to be developed collaboratively with NACC, Metis, Bill C31, First Nations, non-aboriginals and government to work together for mutual benefit. Other inclusive models need to be researched.  

·         To demonstrate social responsibility, crown corporations and industry conducting business in the north that receive subsidies from either level of government should adopt and enforce employment equity measures to enable equal access and equal opportunity for local and regional employment by NACC community members.  

·         Increased enforcement by appropriate agencies should take place to discourage violations of regulations and policies.   

·         Establish hire local criteria to keep the younger people in the region.  

·         More consultation is required for area employment and contract opportunities for Department of Highways, Department of Conservation, Hydro, and Tembec.  

(table of contents)   

Capacity Development 

Capacity (human and financial) at the local level is limited in regards to time availability for Mayors and councilors to take an active role to gather and reflect on the type of relevant information required.  Overall capacity to respond in a meaningful way is limited internally amongst NACC communities and externally between governments and industry.  Improved capacity at the local level will enable communities to respond proactively and meaningfully to development plans rather than merely react to issues as they arise.  Improved capacity within government and industry will enable the shift in thinking that is required for sustainable development to be effective. 

Recommendation: 

Capacity Development  

·   Capacity of all players needs to be developed to enable informed participation.  Awareness training and/or education is required in regards to the concept of sustainable development and broad area planning as well as the role of communities and the role of other key stakeholders within the process.

(table of contents)   

 

 

Divisions Within and Between Communities  

The five groups of NACC, Metis, Bill C31, First Nations and non-aboriginals cause divisions within and between communities in the region.  Everyone has a vested interest in development as well as protection of the land, yet divisions between people manifest themselves in various ways. There is lack of support, for example, to hire locally or to support local businesses, not just by industry or government, but by the local communities themselves.  As a result, businesses fail and communities hire individuals from outside the region even when there are skills available locally.  In some cases, government or industry identify priority hiring for one group at the expense of another, causing further alienation and isolation.  Initiatives having a regional focus will encourage communities to work together to achieve economies of scale, retain youth and create opportunities.    

Recommendation: 

Divisions Within and Between Communities  

·   Develop regional capacity to create viable regional economies, recreation and improve the quality of life. Begin with workshops and conferences to create a shared sense of inter-dependence.   

(table of contents)   

 

 

Consultation on Land and Resource Allocations   

(table of contents)   

Cynicism

Communities are concerned that the government already has a plan in place and is merely going through the motions of community consultation.  In some cases, there is a general lack of interest by community members to attend meetings because of the skepticism that their input will be taken seriously.   

Recommendations: 

         Cynicism  

·   Government needs to build relations and demonstrate a commitment to partnership and on-going involvement with communities potentially affected by development on the East Side . The vision needs to be collaboratively developed and decisions need to reflect the needs and concerns of the people of the region.  

·   Develop joint planning mechanisms where government is accountable to act on community input.  

·   Relationship building and the capacity to function effectively in a collaborative environment needs to be developed by all parties.

(table of contents)   

 

Consultation and Communication  

Lack of consultation, ineffective consultation and lack of communication regarding past development on the East Side has been a key contention overall.  NACC communities feel they have been overlooked in regards to development by both government and industry. The impacts of development, however, are felt directly by people living in this region. NACC communities usually hear about initiatives after the fact, once decisions have been made. Communities will be left out of development when they don’t know what is happening.  The communities want to know what is going on and to have a say in how development occurs. There needs to be on-going regional representation for the East Side through a regional body with equal participation.  Communities are also at a disadvantage when meeting with corporations and government who have the resources to hire experts and legal advisors while there is limited professional capacity at the community level. Communities are also interested in hearing concerns and sharing ideas with other communities and working together to influence decision making in the region.  

Recommendations: 

        Consultation and Communication  

·   The government needs to be open about development plans.  

·   Maintain NACC status on the East Side committees and the planning process.  NACC should have a representative there and have it all the time.  

·   Adequate resources need to be provided for NACC communities to hire their own consultant to work directly on their behalf and on an on-going basis to ensure fairness and a level playing field.  

·   Adequate resources tied to broad timeframes is required to fully inform communities, gather information, deliberate and enable informed participation.  

·   Socio-economic data and land use studies need to be completed and incorporated into the plan as part of the community consultation process.  

·   The inter-departmental group needs to keep the Round Table informed of all activities on the east side on an on-going basis.  

·   Appropriate consultation needs to occur with all departments on all local and area concerns not just within the established community boundary.  

·      Communication needs to occur on all levels, between NACC, the communities, the Ministry and the Secretariat.  

·      Timeframes need to be structured to ensure incorporation of collection of primary data where it does not exist and for holding community meetings.  

·      Projects and timing for community consultation need to be scheduled so as not to interfere with seasonal activities such as hunting, fishing, prospecting and for consideration of freeze-up and break-up.  

·      Sufficient time needs to be allowed for community consensus building and ratification by community leadership.  

·      Collaborate for data collection.  

(table of contents)   

 

Protected Areas

Protected areas have the effect of locking and blocking in communities.  Imposing controls through the protected area system restricts access and use by local people.   

The government is willing to protect areas through the protected areas initiative and the protection of traditional medicines should be included within this category.  Traditional foods are linked to good health.  We need to identify these foods and protect them.  A lot of historical sites would need to be protected. 

Recommendations:   

     Protected Areas  

·   Lessen restrictions in designated parks and reserves, corridors and river systems.  

·   Conduct research in collaboration with communities regarding the need for and identification of protecting areas of cultural significance.  

(table of contents)   

 

Forest Resources  

Clear cutting has caused loss of trees for pulp.  Clear cutting effects water quality, fishing, trapping and an increase in forest fires. Some areas have not been reforested.  The Model Forest has information through interviews. All the studies should be put together and shared with the community.

Recommendation: 

     Forest Resources  

·   Before moving forward, fix the current problems.  

·   Assemble all relevant information and share with the communities.  

(table of contents)   

Transportation

Existing roads need to be upgraded (paved and ditched) as well as maintained