Major projects vary in size and scope from region to region. They may have similar development patterns, but your involvement in the negotiating process will be individualized. The process will be smoother if you incorporate your response to major off-reserve development into your community development policy. This form of planning provides the mechanisms for advance warning of possible development in your area the collection of strong baseline data and the marshalling of community support for your negotiating team and its strategies.

It allows you to form strong alliances with other affected communities before development begins. It strengthens your bargaining position and adds credibility to your response. Finally, such planning allows you to enlist important expert and legal advice in drawing upon the agreement under which your First Nation participates.

Dona Lake Mine - Dona Lake Project

The Dona Lake Mine - Dona Lake Project illustrates the individuality of a negotiated project.

Background

The Windigo Tribal Council in northwestern Ontario comprises seven bands: Bearskin Lake, Cat Lake, Osnaburgh, Sachigo Lake, Saugeen Nation, Caribou Lake and New Slate Falls. The area also contains the incorporated communities of Pickle Lake, Sioux Lookout and several smaller settlements of fewer than 50 people. The 1986 population of the Windigo Tribal Council area, including the non-Native communities, was about 6,600. Status Indians made up about half of the total population of the area. Most (80 percent) status Indians lived on reserves. The remainder lived on Crown lands and in other communities.

1. Identify Planned Off-Reserve Projects

For several years, mining exploration activity took place on off-reserve lands in the Windigo Tribal Council area. At least two mines, Dona Lake and Golden Patricia, were being constructed by Dome Mines Ltd. and St. Joe Canada respectively. Six more mines were planned over the next five years.

This represented an investment of $53 million with another $70 million planned. From 2,000 to 3,000 jobs would be created by the development.

2. Take the First Step in Dealing with the Project

The tribal council realized the impact this development would have on the communities of its member bands. The council discussed the development with its communities. Together, the council and community representatives looked at options for participating in the development and ways to bring the mining companies to the negotiating table to address community concerns.

3. Legitimize a Claim to Influence the Course of the Project

The Windigo Tribal Council wrote to the Ontario Minister of the Environment requesting that the Dona Lake Mine project be designated under environmental legislation.

This led to a series of meetings with the province of Ontario, the tribal council and the Osnaburgh Band. The parties agreed that negotiations between Dome Mines and the tribal council, Ontario and the Government of Canada would be preferred to public environmental hearings to address the tribal council's and the band's concerns.

The parties preferred the negotiation process because:

• public hearings could impose costly delays;
• the mining companies could incur unknown and potentially expensive obligations during the hearing process; and
• public hearings could bring out environmental extremes which could prevent future development activities.

4. Negotiate, Design and Implement an Agreement

The Windigo Tribal Council hired a researcher to help prepare for and conduct negotiations. The researcher spent a great deal of time in the communities collecting information, documenting concerns, providing information on the developer and the proposed mine, and introducing a community awareness program on mining to the communities. Arrangements were made for a number of community residents to visit various mining operations to get first-hand information and observe some of the effects of the operation in detail. The researcher also acted as an advisor to the tribal council's negotiating team.

DIAND represented the Government of Canada at the negotiations. The ministries of Native Affairs and Northern Development and Mines represented the province of Ontario. The negotiations on behalf of the tribal council were conducted by appointees of the council and their legal advisor. All parties agreed to the hiring of a facilitator to manage the process and draw up the agreement based on the negotiations.

Conduct the Negotiations

The process used was that of direct negotiation, that is, all parties sat down and worked out an agreement. At the initial meeting, both the mining company and the tribal council presented a statement of principles, based on what each thought would be negotiated and, to some extent, on what each expected from the negotiations.

Negotiations with Dome Mines over the Dona Lake Project began in 1986. An agreement, signed by DIAND, Ontario, the Windigo Tribal Council, the Osnaburgh Band and Dome Mines, was finalized in 1987.

The Agreement

The agreement established a process to negotiate a range of specific sub-agreements on employment and training, administrative costs, managing the general agreement and human resources.

The general agreement made commitments in the following areas.

• Employment training and human resource development:

• Economic development:

• Traditional pursuits:

• Environmental protection:

• Social, cultural and community support:

• Agreement administration, management and implementation:

A similar process was used to negotiate the Golden Patricia (St. Joe Canada) agreement. As a result of the precedent set with the first agreement, the Golden Patricia agreement was reached in less time.

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