The Sechelt Nation will now be involved in decisions over the use of traditional territory where Pan Pacific Aggregates (PPA) has staked mining claims. Last week, the Sechelt Indian Band's (SIB) chief and two councillors signed a memorandum of understanding (MOU) with Pan Pacific's CEO.
"It's a major first step toward beginning a meaningful dialogue," said CEO Don Nicholson. In its sixth draft, the two parties finalized the document Friday after a community meeting with the SIB's membership Tuesday. From now on, all air, water and habitat studies will be done jointly wherever possible and otherwise will be made available to the SIB, Nicholson said.
Mining companies are not required to consult with First Nations before staking claims through the provincial government's online system. So when PPA staked its claim to the Sechelt Peninsula earlier this year and began exploration work, the SIB was left in the dark. Discussions between the two parties eventually began in June after the SIB asserted its right to consultation because of its yet-to-be-resolved land claim for the area. Since then, they have been re-drafting the MOU through discussions.
"We're happy we're going to be able to discuss royalties and compensation in a manner that will be meaningful to us," said SIB Chief Stan Dixon.
In the MOU, the two parties agreed they will discuss over the next six months "royalties; joint venture partnerships; impact benefit agreements; hiring Shishalh Nation members; relations with PPA contractors; preliminary field reconnaissance, archaeological impact assessment and traditional use study; continued access by the Shishalh Nation throughout its territory for the exercise of its Aboriginal rights and title; environmental monitoring; co-operation for approval of PPA applications with government agencies; and the participation of Shishalh in decision-making with respect to PPA operations in Shishalh territory."
Dixon heard concerns from SIB members at last Tuesday's meeting that there would be only a couple jobs available, but Dixon said that would not be the case.
The MOU states, "The Parties are committed to developing opportunities for economic benefits for the Shishalh Nation and its members arising from mining and related activities."
"Where there is potential for jobs for our people on the Coast, that's always good news," Dixon said. He added the Construction Aggregates Ltd. mine site in Sechelt has provided long-range employment for both the SIB's members and the rest of the community.
"It's a win-win situation for the Band, PPA, the community and the Sunshine Coast in moving forward, but there are still obstacles in moving forward," Dixon said.
Next, the SIB will seek a lands meeting with Tom Christensen, Minister of Aboriginal Relations and Reconciliation, who could be the gateway to other provincial ministries, including the Ministry of Energy and Mines.
The MOU reads, "This MOU does not negate the need on the part of PPA or the province of British Columbia to consult with the Shishalh Nation in the process of applying for permits/licences in the Shishalh Nation's territory."
In the SIB's board room Friday, Dixon, Nicholson and councillors Garry Feschuk and Tom Paul signed the document, which a notary public witnessed.
Now that the MOU is signed, PPA will contract the SIB to start an archaeological impact study of the area above Porpoise Bay to look for indications of past habitation. Assessments will take place at the northern site, at the southern site, at sites further up Sechelt Inlet where barges could potentially go and along a to-be-determined corridor running from the northern site to the inlet, according to PPA project manager Carl Mark. If the archaeologist discovers evidence of traditional use of the land, PPA and the SIB would discuss the cultural significance and compromises and explore how PPA could work around it, Mark said.
The meetings between the two parties, as well as consultation with SIB members, will be ongoing.
The MOU reads, "The Shishalh Nation may refuse to offer its support for any and all activities proposed by PPA in the future despite having signed this MOU. The Shishalh Nation may protest against action proposed by PPA in its territory using any method it chooses including litigation."
