The Far North Act (2010) Consultative Process: A New Beginning or the Reinforcement of an Unacceptable Relationship in Northern Ontario, Canada?

Gardner, Holly L.; Tsuji, Stephen R. J.; McCarthy, Daniel D.; Whitelaw, Graham; Tsuji, Leonard J. S.

doi:10.18584/iipj.2012.3.2.7

Cited by 15 publications

(12 citation statements)

References 2 publications

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“…Finally, NbS policy and projects that are advanced without the partnership or consent of Indigenous Nations can generate significant opposition from communities who consider such actions as "carbon colonialism" and a threat to inherent land rights. For example, some Indigenous groups have been critical of Ontario's Far North Act that was enacted to protect the province's vast intact peatlands, wetlands, and forests as a "vital carbon sink" (Government of Ontario 2008, para 1) because of inadequate consultation and concerns that it undermines Treaty and Aboriginal rights (Gardner et al 2012;Smith 2015).…”

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confidence: 99%

Indigenous Peoples are critical to the success of nature-based solutions to climate change

Townsend

Moola

Craig

2020

FACETS

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Nature-based solutions (NbS) to climate change mitigation-such as ecosystem protection or conservation, improved forest management practices, as well as afforestation-can significantly reduce global net emissions (Griscom et al. 2017; Seddon 2019). This is particularly the case when NbS are paired with emissions reductions and clean energy solutions (Anderson et al. 2019; Griscom et al. 2019; IPCC 2019). NbS could provide 30%-40% of the CO 2 mitigation required by 2030 to help ensure warming is capped at under 2°C (Seddon 2019). While holding great potential for effective climate change policy, some NbS measures such as protected areas and forest plantations can negatively impact Indigenous Peoples globally through displacement, livelihood restrictions, and ensuing cultural impacts (e.g., Osborne 2015; Vanclay 2017) and thus must be designed and implemented with Indigenous participation and consent if they are to be successful. These impacts intensify the disadvantages already faced by Indigenous communities, including human rights violations, discrimination, and poverty (Chatty and Colchester 2002; Dowie 2009; United Nations 2009). Indigenous Peoples are also more vulnerable to the impacts of climate change including food insecurity; displacement as a result of catastrophic flooding, drought, and fires; and threats to critical infrastructure (Havemann 2009; Ford 2012; Williams 2012; Lynn et al. 2013). Given the twin vulnerability of Indigenous Peoples to both the impacts and potential solutions to climate change, we contend that questions about how NbS are developed, on whose territories, and with what outcomes matter deeply to the success of climate change policy as well as to the rights of Indigenous Peoples. This is of particular relevance in Canada, which has extensive carbon sinks (Kurz et al. 2013; Price et al. 2013) and is home to over 630 distinct First Nations communities, as well as Métis and Inuit (Government of Canada 2017). Many of the high carbon density forests and peatlands that are prioritized for NbS globally are found within the traditional territories of Indigenous Nations across the country, such as Canada's expansive Boreal Forest biome (Carlson et al. 2010; Wells 2020). Canada, like other settler colonial states, is layered with multiple territorial claims, jurisdiction (state and recognized and asserted Indigenous title), and systems of governance (state and Indigenous hereditary and elected) (Borrows 1999, 2015). This complexity-and the conflicts inherent to it-complicates environmental governance and can hinder state-Indigenous collaborative efforts in conservation and climate change mitigation (e.g., Van Schie and Haider 2015; Willow 2016). Despite the devastating impacts of colonialism (TRC 2015), most Indigenous Peoples in Canada have long histories of sustainable coexistence with their territories (Stephenson et al. 2014; Turner 2014).

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confidence: 99%

Indigenous Peoples are critical to the success of nature-based solutions to climate change

Townsend

Moola

Craig

2020

FACETS

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“…The Province of Ontario asserted jurisdiction over Treaty 9 lands and developed the legislative power (e.g., Mining Act; Far North Act) to support and strengthen its jurisdiction. This was done under a cloud of criticism about the failure of the Crown to adequately consult with First Nations about these strategic decisions (Drake, 2016;Gardner, Tsuji, McCarthy, Whitelaw, & Tsuji, 2012). Aspects of this legislation seem to actively dismiss constitutionally protected Indigenous rights.…”

Section: Discussionmentioning

confidence: 99%

Towards an Indigenous-Informed Relational Approach to Free, Prior, and Informed Consent (FPIC)

Mitchell

Arseneau

Thomas

et al. 2019

iipj

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International and domestic rights frameworks are setting the stage for the full recognition of Indigenous Peoples’ rights in Canada. However, current political promises to restore Indigenous relations, to reconcile historic wrongs, and to foster mutual prosperity and well-being for all people within Canada remain woefully unfulfilled. Indigenous Peoples continue to call for full engagement with emerging Indigenous rights frameworks such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and its principles of free, prior, and informed consent (FPIC). This article discusses the key findings from a multi-year university–community research partnership with Matawa First Nations in which we collaboratively seek to advance understanding of consultation processes and Indigenous experiences of and perspectives on FPIC. The article, based on several years of dialogue and interviews and a two-day workshop on FPIC, offers insight into Indigenous perspectives on FPIC advancing an Indigenous-informed relational approach to consultation and consent seeking.

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“…This reflected advocacy from Aboriginal people for such power to be returned to them in Queensland through the "Ithaca Principles" 5 in 1998 (Donovan, 2002;Memmott, 1998). It was also a move that corresponded with trends in other nations to return authority to Indigenous people as part of land use planning and development (Eversole, 2010;Gardner et al, 2012). While this was a radical shift, it was tempered by the expectation that any such cultural heritage be "supported by appropriate anthropological, biogeographical, historical and archaeological information" (Queensland, 2003a, p. 4409).…”

Section: The Evolution Of the Aboriginal Cultural Heritage Actmentioning

confidence: 99%

"A Completely New Approach" to Indigenous Cultural Heritage: Evaluating the Queensland Aboriginal Cultural Heritage Act

O'Neill

2018

iipj

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The Aboriginal Cultural Heritage Act 2003 challenged the hegemony that Western, archaeological methodologies has held over Indigenous cultural heritage in Australia. By choosing to relinquish state control and authority over cultural heritage in favour of the expertise of Indigenous people, the Act created a unique and innovative heritage policy. Over the 10 years the Act has been in force, it has seen a variety of approaches adopted as part of myriad projects. This has created a mature field of practice for investigation and analysis. This article examines and critiques the Act to determine its successes and weaknesses. In doing so, it offers opportunities for other policy-makers to consider as part of policy review.

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The Far North Act (2010) Consultative Process: A New Beginning or the Reinforcement of an Unacceptable Relationship in Northern Ontario, Canada?

Cited by 15 publications

References 2 publications

Indigenous Peoples are critical to the success of nature-based solutions to climate change

Indigenous Peoples are critical to the success of nature-based solutions to climate change

Towards an Indigenous-Informed Relational Approach to Free, Prior, and Informed Consent (FPIC)

"A Completely New Approach" to Indigenous Cultural Heritage: Evaluating the Queensland Aboriginal Cultural Heritage Act

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