Aboriginal Communities

Aboriginal and Treaty Rights Considerations

Under the Canadian Constitution, (Constitution Act, 1982) Aboriginal and treaty rights are given special protection. This means that these rights cannot be unjustifiably interfered with - the actions of prospectors and developers can be part of this consideration - and that meaningful consultation occur where these rights may be adversely impacted by contemplated conduct. Ontario’s New Approach to Aboriginal Affairs Spring 2005 contains important statements on consultation related to constitutionally protected rights.

Contact with Aboriginal Communities 

Initial community contact and dialogue is also courteous, good neighbour/good business practice. Later in the mining sequence, specified consultation requirements are set out by the Mining Act. In addition, other permitting processes and approvals may make consultation with Aboriginal communities mandatory. Establishing lines of communication and building relationships at the outset can be very helpful as a project moves forward. See Aboriginal Consultation.

How do I determine which community to contact?

Aboriginal communities with Aboriginal and treaty rights should be contacted. The communities closest to the mining activities or within its watershed will likely (but not always) have the most interest in project activities. Discussion with the mineral development officer, the resident geologist, regional land use geologist, or the local Ministry of Natural Resources office will help to identify likely Aboriginal interests in an area. This initial understanding should be followed up by contacting the Aboriginal communities themselves to confirm and provide more detailed information. Maps of Aboriginal communities in Canada are available on-line at Natural Resources Canada’s website.

For further information regarding developing a dialogue with Aboriginal communities, please see the Aboriginal consultation guideline or contact your nearest Mineral Exploration and Development office or contact the district office of the Ministry of Natural Resources. Please see the “popular links” in the right menu for additional subject matter of Aboriginal communities.

Economic Development

• Economic opportunities (OSAA Site)
• Aboriginal participation in mining (INAC Site)
• Aboriginal Canada Portal 

Land Claims and Negotiations

Ontario Secretariat for Aboriginal Affairs - Land Claims and Negotiations webpage

Other Resources

First Nation Minerals Information Officer

The Ministry of Northern Development and Mines employs a First Nation, Minerals Information Officer who provides education, information, advice and expertise regarding geology, mineral exploration and mining to Aboriginal Communities throughout Ontario generally, and Northern Ontario particularly. The services of the First Nation Minerals Information Officer are generally available upon request; they are, of course, subject to scheduling and logistical issues.

Glossary

Eabametoong First Nation Glossary of Geological and Mining-Related Terms; Eabametoong First Nation in partnership with the Ministry of Northern Development and Mines, Miscellaneous Paper 170. This publication may be ordered here.

Partnership Opportunities

There may be sound relationship, business case and time-saving reasons to building a relationship with Aboriginal communities that may be affected by mining activities. Aboriginal communities comprise the majority of the population in the Far North with a growing youth population and, therefore, a potential for a trainable workforce. Aboriginal business and communities provide good opportunities for partnerships.

There is a significant amount of information on the internet concerning methods and resources to encourage the participation of Aboriginal communities in economic development. 

Examples include Aboriginal Business Development On-line and Aboriginal Business Canada.

Exploration and Development on Reserve Lands

Development of mineral potential on reserve land is governed by the Indian Act Indian Mining Regulations. See myLaws under Indian Reserves.