Indigenous Protected and Conserved Areas Feasibility Study
Indigenous Protected and Conserved Areas (IPCA) Feasibility Study
The Metis Settlements General Council is working to try and conserve wildlife, habitat, and historical sites in two study areas in northeastern Alberta. These two study areas (Wolf Lake – Touchwood Lake & North Buck Lake – Amisk Lake) have been identified by the 8 Metis Settlements for their cultural, historical, and ecological significance. These diverse ecosystems have a limited supply of wildlife, food, and medicine, which creates a unique opportunity for Indigenous peoples to partner with the government and other interested partners to protect portions of these areas so that all Albertans can continue to sustainably hunt, fish, trap, and gather in them.
The IPCA Feasibility Study is in the concept and information-gathering stages. Once complete, it will help the MSGC identify specific parcels of tracts of Crown lands within the study areas that may be feasible to pursue as conservation areas. We have hired consultants to collect initial feedback from key stakeholders including Indigenous Nations and communities, municipal districts, and several other land user groups in the proposed study areas.
MSGC is not proposing to limit access to these areas for traditional and recreational land users, but rather to conserve habitat for fish, wildlife, medicines, and berries, as well as protect areas of cultural and historical significance to Indigenous people. It is important to note that this initiative is exploring the conservation potential of Crown lands, not private lands, unless there are private landowners who are interested in partnering.
Want to learn more about our IPCA Feasibility study? MSGC IPCA Information PDF
Would like to provide input into the IPCA Feasibility Study? Link to Survey. Note the survey is open until DECEMBER 31, 2022
Metis Settlements General Council
Erin McGregor, email@example.com
What does consultation mean for the Settlements?
Alberta’s Metis Settlements Consultation Policy was passed in December 2015 and implemented in April 2016. This means that the Government of Alberta is now requiring industry to consult with Metis Settlements when their proposed project has the potential to negatively impact how Metis Settlements use the Crown lands outside their Settlement area. Typically, this means that the Settlement consultation coordinator or officer will receive notice of a proposed project and will need to work with the Settlement land users, Council, and membership to assess what kind of impact the project might have for the community. They then need to negotiate with the industry proponent to try to minimize any potential impacts, usually by modifying the project plan or schedule. While the consultation process itself is not about economic opportunities or benefits, it can in some cases lead to a good relationship with industry proponents or the opportunity for the Settlement to participate in land development projects via jobs, contracts, or even partnerships.
The Consultation Policy does not result in every Settlement being consulted on every proposed project; the government uses traditional land use information provided by the Settlement to help it determine whether or not consultation is required. The more traditional land use information the Settlement can provide to the government, the more the Settlement will be consulted and have a say in what is happening on the lands outside their Settlement area. This is why it is so important for Settlement members to work with their consultation coordinator or officer to help them map out where the Settlement has used the land in the past and where it continues to do so.
In 2004, the Supreme Court of Canada released its decision in the Haida Nation v. British Columbia case. This case was about whether or not the government (the “Crown”) was required to consult with Aboriginal communities before making decisions that could negatively impact the Aboriginal rights of those communities. The Haida Nation was successful in proving that the British Columbia government had a responsibility to consult with them before making decisions about lands and natural resource development. The court said that this responsibility of the government, also known as the Crown’s “duty to consult” was rooted in a basic principle of the “Honour of the Crown” which goes back to the establishment of British sovereignty in this country. The Haida Nation v. British Columbia decision defined consultation as a process of reconciliation where the Crown’s sovereignty must take into consideration and address the claims, rights and interests of the Aboriginal communities who were here before. This case set the standards for when the Crown has a “duty to consult” and how consultation should occur.
Since 2004, there have been other Supreme Court cases that have expanded on the Haida decision and have both widened and narrowed the scope of the Crown’s duty to consult. Canada and the provinces have responded to the Supreme Court’s direction by developing consultation policies and guidelines that explain how and when they will consult with Aboriginal communities. In Alberta, up until recently, the provincial consultation policy applied only to First Nations; Metis communities, including the Settlements, were not consulted except in special circumstances.
During the negotiation of the Alberta/Metis Settlements Long Term Arrangements Agreement (LTA), the Metis Settlements successfully lobbied for a Metis Settlements consultation policy. Schedule “I” of the LTA commits Alberta and the Metis Settlements to the following:
- Complete the conduct and assessment of historical presence and activity research (community history and traditional land use study
- Enter into good faith discussions regarding the development of a Government of Alberta Metis Settlements Consultation Policy
- Once a Consultation Policy is developed and approved, the Minister of Indigenous Relations will provide consultation capacity funding to each Settlement
- Provide a maximum of $9.7 million over the term of the LTA (2013 – 2023) for consultation initiatives
The parties agreed that the agreements and arrangements made under Schedule “I” will survive the expiry or early termination of the LTA. This means that after 2023, the Government of Alberta will continue to consult with Metis Settlements. It also means the province will continue to provide consultation capacity to individual Settlements once the $9.7 million of LTA funds runs out.
Federal Consultation Resources
The Metis Settlements General Council receives funding from the Government of Canada to assist the communities with their engagement with industry and government partners.
The Government of Canada is responsible for decision-making about the following kinds of activities:
• Inter-provincial pipelines
• Nuclear power projects
• Disposal of or modification to federal Crown Lands (i.e. military, parks etc.)
• Creation or modification of national parks
• Decisions affecting navigable waters
• Environmental assessments (federal)
• Other decisions made under federal legislation or regulations that may adversely impact Aboriginal rights.
Click the links below for information related to the Government of Canada’s consultation with the Metis Settlements: