Bkejwanong, meaning “where the waters divide,” is located in southwest Ontario, at the head of Lake St. Clair and on the international boundary with the United States (Michigan State). Approximately 2,200 Ojibway, Pottawatomi and Ottawa live under an elected Chief and Council, the “Council of Three Fires.” Six small islands make up the present undisputed Walpole Island First Nation territory, with a total area of 350 square kilometres forming the Canadian portion of a delta at the mouth of the St. Clair River. About 48% of the total area is marshland and constitutes the largest and most valuable wetland in the Great Lakes system. Bkejwanong also contains significant areas of tallgrass prairie and oak savannah, both of which are rare in Canada, and is habitat for a distinctive flora and fauna. Archaeological surveys have found evidence of Aboriginal occupation of the islands going back at least 3,500 years.

Walpole Island First Nation (WIFN) was the first community in Canada to remove the Indian Agent and has administered itself since 1965. Though the present territory is unceded land, and the boundaries of the First Nation have never been formally defined, WIFN claims include the Canadian portions of Lake St. Clair, the St. Clair River, the Detroit River, the western part of Lake Erie, and the southern part of Lake Huron, as well as various islands and parts of the mainland in southwestern Ontario, and some lands in the U.S. (referred to as “traditional territory”) ¹. There are at present agreements in place between the Governments of WIFN, Canada, and Ontario to negotiate issues in this territory related to, among others: ²

• Ownership and management of sub-surface resources.
• Wildlife harvesting rights.
• Wildlife management.
• Water quality and environmental protection.
• Navigation and shoreline erosion.

2. EXTERNAL PROJECT ISSUES

Environmental activities are carried out by WIFN in response to concerns about the land, water, air, animals and people situated within WIFN Territory. WIFN efforts to protect and restore the natural environment are, however, not limited to efforts which involve its own residents. The First Nation is also actively engaged in applying its own high standards of environmental concern and management to a range of external issues, including proposed project activities in the traditional territory (referred to as “external projects”).

One of WIFN’s long term goals is to gain recognition as a respected and principled advocate for sustainable practices. As a result, it is equally committed to building bridges with industry by engaging in continuous dialogue and consultation on environmental issues. In light of recent legal developments in Canada related to the need to consult aboriginal peoples when their title or rights could be affected, industry too must now be mindful of its obligations to build bridges with WIFN by consulting with WIFN on environmental and other issues relating to their proposed and ongoing activities in the traditional territory.

The range of involvements of the First Nation on external projects to date have included formal hearings, community meetings, external reviews and provision of input into permit applications, establishment of on-going environmental liaison committees, and the negotiation of Memoranda of Understandings with project proponents. The types of external projects that the First Nation has been consulted on have included pipelines, marinas, hazardous waste landfills, dredging disposal facilities, dredging of contaminated sediments, power generation projects, highway developments and industrial wastewater treatment operations.

3. INITIAL PROPONENT CONTACT

The primary initial point of contact for external project proponents is Chief and Council of Walpole Island First Nation. After an initial review of the proposed project, Chief and Council may request further assistance from the Heritage Centre, other departments of the WIFN Government, or outside independent technical and legal expertise as the consultation process progresses.

External project proponents should consult with the First Nation early in the design stages of their project, in order to become aware of First Nation interests, and while critical project design decisions are still amenable to change if necessary. We draw to the attention of proponents that in view of legal developments in other parts of the country, it would be prudent for proponents to take steps to accommodate our interests in view of our aboriginal title claims to the traditional territory.

WIFN has devoted considerable resources to the collection and interpretation of historical documents and archaeological investigations, and there is a close relationship between this history and recent successes in environmental protection in the area. Important environmental databases are also available from the Heritage Centre (including the identification of valued ecosystem components), and the Centre can also provide direction to additional important sources of information.

Project proponents should be aware that the primary issues of concern to WIFN include the quality of the water, air, fauna, flora, waterbeds (particularly sediments) in our traditional territory and undisputed territory, and the effects of pollutants on the physical, emotional, and spiritual health and well-being of its members, both present and future. Issues of particular concern to the community include, among others:

1. pollution prevention,
2. pollution mitigation and emergency response,
3. compensation for damage to the ecosystem that affects our traditional territory,
4. environmental and health effects monitoring,
5. environmental research affecting our traditional territory,
6. education and training concerning environmental protection ¹,
7. employment and contracting opportunities.

WIFN assumes from the outset in any discussion that consultations will be held in good faith by both parties. Of course, legal requirements to consult with WIFN and aboriginal peoples assume this as a first principle for consultation. WIFN has a record of such consultations in the past that have proved satisfactory to both the First Nation and the project proponents. One specific outcome of the consultation process that the First Nation often seeks is the development of a Memorandum of Understanding (MOU) or impacts and benefits agreement (IBA) to address any concerns of WIFN that are identified.

The early understanding and discussion of issues of concern to the First Nation and the identification of appropriate mitigation measures, will make a positive contribution to effective and timely project implementation by external proponents -- or will allow proponents to identify if the First Nation is opposed to the project, early, and before significant resources have been spent.

4. REVIEW OF EXTERNAL PROJECT PROPOSALS

After a preliminary review of project documents, the project team assembled by Chief and Council will identify the types of resources required for the First Nation to effectively participate in the consultation process and review the proposed project(s). WIFN has found through experience that to thoroughly understand the implications of a project it is necessary for adequate resources to be provided to the First Nation to enable it to participate effectively in the consultation and review process. These resources required are related to both internal and external activities to the community that take place, e.g., community consultation activities or retaining outside technical assistance. If extraordinary issues are encountered during the consultation process additional reasonable funding may also be requested.

The consultation and review process identifies areas of potential concern to the First Nation, and reviews the proposed mitigation measures related to those concerns. The following general comments are noted to assist the project proponent in understanding the perspectives WIFN will take in reviewing the project proposal.

1. The time span within which the First Nation reviews a project is on the basis of anticipating potential effects at least seven generations into the future.
2. Aboriginal rights of the First Nation include harvesting, hunting, fishing, and cultural and spiritual activities.
3. In combination with scientific-based knowledge, WIFN traditional knowledge and values will be equally considered in the project review that is completed by the First Nation.
4. The adequacy of existing baseline studies as they relate to the proposed project activities will be evaluated by WIFN.
5. How the project proposal addresses cumulative environmental effects will be evaluated, i.e., assessing the Project's predicted effects in combination with the potential effects of other existing, or planned projects and activities. Bio-accumulation issues, for example, are of particular concern to the community.
6. Effective monitoring is an important activity in assuring WIFN that the environment is being protected to a high standard and that the resources the community uses are unaffected.
7. Employment and contracting opportunities for WIFN in connection with a project will have an important influence on how WIFN views the project.
8. Meaningful consultation and exchange of information with the community does take time, as does making good decisions, and allowance should be made for this by the project proponent in planning and scheduling consultations with the First Nation.

5. DEVELOPMENT OF A MEMORANDUM OF UNDERSTANDING OR IMPACTS AND
    BENEFITS AGREEMENT

It is intended that the MOU or IBA would be developed cooperatively and in a timely manner between the First Nation and the project proponent. Across Canada, these types of agreements are becoming a requirement of doing business where substantial new developments are being contemplated in territory subject to aboriginal title claims. They are explicitly required in areas where such developments occur on lands subject to modern land claims agreements with aboriginal peoples. WIFN believes that MOUs and IBAs are useful mechanisms to accommodate our interests arising out of our aboriginal title, and for providing benefits to and creating a positive working environment for the conduct of business by proponents.

Some or all of the following items may be included in the MOU or IBA, depending on the complexity of the project and its potential impact on the environment and the WIFN community:

1. Recognition of WIFN’s land claims, and its interest in self government.
2. Definition of an on-going role (e.g., liaison committee or a joint committee made up of WIFN and company appointees) for the community in jointly implementing, managing, and monitoring the project.
3. Definition of the make-up of the committee which would include representatives from the First Nation and possibly one or more consultants retained by the First Nation.
4. Preparing a schedule of meetings for the committee, and other proponent/First Nation meetings.
5. Agreement on the combination of national, provincial, or international environmental standards that will be used in the monitoring of the project.
6. Definition of the direct advisory role that WIFN would provide into the design, implementation, and evaluation of monitoring studies.
7. Description of what effective compliance monitoring, and environmental effects monitoring ¹, would consist of for the project, and what the forms and records would be that are used to document the monitoring system.
8. Development of monitoring threshold levels that would trigger action, and the notification protocols in that situation.
9. stablishing an annual schedule for the reporting and interpretation of monitoring results and for reporting to the committee, the community, and other interested Aboriginal communities in the local area.
10. Development of Notification Protocols to the First Nation for specific project construction or operation activities.
11. Establishment of annual budgets and disbursement mechanisms for on-going project related activities (for example, monitoring and database management activities), and for other environmental programs addressing broader regional objectives for which mutual benefit could be established.
12. Identification of all the potential costs and benefits for the community in the project, not only environmental but also social and economic. Identification of opportunities to develop business partnerships, and the definition of specific First Nation employment and training opportunities. Also opportunities for the provision of any other additional services to the community that the project provides potential for, should be identified.
13. Development of an Aboriginal relations policy by the project proponent, if not already in place.
14. Agreement on joint positions that may be required in any regulatory processes. For example, joint submissions to governmental bodies or regulatory agencies on draft Certificates of Approval may be possible after effective consultation has taken place. These submissions may include, for example, such issues as contingency plans, financial assurances, monitoring programs, or emergency response planning. Statements on meeting federal and provincial and other legal requirements for timely Aboriginal consultation and on the thoroughness of evaluation of Aboriginal impacts could also be included in the submissions.
15. Payments in lieu of tax payments.
16. Technical and financial support in enhancing research, monitoring and training capacities in all areas of environmental protection within the traditional territory, and in sharing information concerning environmental protection as it affects the traditional territory.
17. Agreement to participate in the Circle on Environment and Development which brings together governments, organizations, individuals, and private business to promote an integrated local perspective on environmental and development issues in the St. Clair watershed.
18. Maintaining the confidentiality of the agreement between the proponent and the First Nation.