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?EUR I have participated in the IA process and in mining from all angles - government, industry and Indigenous over the past 30 years. Much of this experience was gained through the Canadian Aboriginal Minerals Association (a group co-founded by myself and eight other Indigenous leaders), with Environment and Climate Change Canada, numerous mining companies and with several Indigenous communities, including my own, Wahnapitae First Nation, and other communities in the Robinson Huron Treaty area. I was also a Joint Review Panel member for the Northern Gateway Pipeline and Grassy Mountain coal projects, hearing from governments, lawyers, almost 90 Indigenous communities (youth, elders, parents and leaders) and a spectrum of advisors and consultants, and others, on the merits of the project. Both of these projects were ultimately not approved, but I often wondered what the outcome would have been if the communities had led the environmental work. Indigenous ?EUR In the past few decades, there have been hundreds of settled court cases dealing with lands and Indigenous rights, with hundreds of Indigenous legal wins to date. The legal uncertainty for both the mining industry and Indigenous community comes with lengthy trials and judicial reviews. Indigenous rights litigation has focused largely on challenges to project approvals or permits and the scope of "adequate" consultation. Increasingly, lawsuits seeking damages and other relief for title or rights infringement are before the courts. As long as these grievances are outstanding, resource development can be delayed or may not happen. This uncertainty is not only attributed to the judicial landscape, but the exercise by Indigenous groups of underlying, inherent Indigenous law and title. These interests are causing disruptions to the mining sector. The courts have come to acknowledge this and the credibility of Indigenous legal systems (Indigenous laws) that were not extinguished by Canada's assertion of sovereignty over these lands. Add to this the cumulative impacts of industrial development that have for years been at the forefront of Crown consultation and land management. More recently, Indigenous groups have launched lawsuits against the Crown seeking declarations that these cumulative impacts have infringed upon rights they hold under historic treaties, and court orders that would have an impact on the Crown's ability to approve future development. Industry is often heard saying that "we spent millions of dollars on our impact assessment process and the project was still not approved." The current push seeks more impact scrutiny by governments and also by affected communities. I believe that Indigenous-led impact assessments can be efficient, save time and money and ultimately lead to project approvals. Communities having greater control over key decisions in project design, infrastructure?EUR< and?EUR Indigenous community knowledge ?EUR ?EUR ?EUR The project approval process involves conducting impact assessments of projects to meet not only the regulatory requirements but the company's own ?EUR Indigenous-led environmental assessments are the way of the future. Mining companies shouldn't be afraid of this shift - provided they are prepared to listen and work directly with communities. This means companies need to adopt a different approach. Rather than sharing charts, maps and flashy reports in a first meeting, mining companies can put the community first, asking: "What can we do together to support your community members and their livelihoods?" Using that question as a starting point can act as a foundation for discussions on the environment, community socio-economics and collaboration toward an impact assessment. ?EUR At present the company initiates the management of the process. Mining companies normally contract out most of the impact assessment work, including Indigenous studies and consultation, to an environmental consulting firm, which sub-contracts to subject matter experts that do the research and reporting. But what if Indigenous communities took the same lead position on behalf of the company for overseeing the impact assessment tasks and process, or in a co-venture with the mining company to conduct the impact assessment, including the joint selection of consultants? Unlike the mining company which may depend on desktop or literature searches, Indigenous communities have access to first-hand community social, economic, health, cultural, tangible and intangible knowledge and more importantly, extensive knowledge of lands, flora and fauna and community uses. Combine this with the knowledge of partner experts such as biologists, archaeologists, geologists and others, the community's knowledge ?EUR I have been involved in leading the Indigenous management and coordination of the collection and analysis of biophysical, socio-economic and traditional knowledge to support mine proponent environmental impact statements and assessments. Some of these environmental studies supported mine closure plans and submissions for permitting. I have also supported my own community in leading an environmental assessment for a tailings gold recovery project, an ore processing facility (Xstrata Smelter), and ferrochrome processing facility scoping, among others, in the Sudbury area. While my community had its subject matter experts, we were also guided by the regulators to meet their permit and application requirements. My current activity with Odonaterra is in supporting Indigenous communities who wish to play a lead role in all or part of an impact assessment process. With Odonaterra, we have supported many communities in leading assessments. Odonaterra is currently ?EUR This level of involvement ensures that the community plays a significant role in project decisions that ?EUR In the last step of the process, the Indigenous group and mining company can jointly submit their final report and applications to the regulatory bodies. ?EUR?EURHans?EUR?Matthews, a member of the Anishnawbek Nation, and former Band Councillor with Wahnapitae First Nation, was the PDAC 2020 Skookum Jim Award winner. In 2021, he received the Brock University Faculty of Mathematics and Science Distinguished Graduate Award for his work in mining, environment and Indigenous communities.High cost of uncertainty
A different approach