The Ministry of Energy, Mines and Petroleum Resources did not consult the Sechelt Indian Band (SIB) before allowing mine staking within its traditional territory, despite Supreme Court of Canada decisions requiring consultation, according to a letter from the band to the ministry.
Pan Pacific Aggregates staked its claim to the Sechelt Peninsula through the province's new online system - land for which the Sechelt Nation is claiming title.
In the 1997 Delgamuukw v. British Columbia decision, the Supreme Court of Canada said the Crown has a duty to consult aboriginals in land use decisions, which the SIB letter states did not happen here.
"Our Aboriginal interests were not canvassed by the Crown, and no accommodation or compensation of any kind has been offered to the shishalh Nation," the letter states.
The letter, signed by Chief Stan Dixon, states the mineral titles online (MTO) system, which began in January, streamlines regulations.
"We have concluded that the B.C. Mineral Tenure Act (MTA) and regulations dispose of interests in title land and that they do not accommodate our Aboriginal interests or acknowledge that unextinguished title may exist in territorial lands," the letter states. Therefore, the government infringed the court decision, unless the government can legally prove the infringement was justified.
"The Crown, acting honourably, cannot cavalierly run roughshod over Aboriginal interests where claims affecting those interests are being seriously pursued in the process of treaty negotiation and proof. It must respect these potential but yet unproven interests," the letter states.
The letter concludes there is a need for government to reexamine its mining legislation, while considering aboriginal rights.
"There has been no fundamental rethinking of the mineral tenure system in B.C. in light of the entrenchment of Aboriginal and treaty rights in the Constitution."
The letter, dated May 10, was included in the Sunshine Coast Regional District's July 14 planning committee meeting agenda package. The ministry's response letter was also included.
In it, Minister Richard Neufeld wrote the online staking system has not changed rights to mineral claims or areas to be claimed. "MTO does not change how mining activity takes place on a claim," Neufeld wrote. "The implementation of MTO does not lessen the Ministry of Energy, Mines and Petroleum Resources [Ministry]'s commitment to consult with the Sechelt Indian Band or other First Nations regarding proposed mineral exploration and development projects."
He added the online system allows for minimal disturbance to the land, compared to physical staking.
In the letter, Neufeld offered to have ministry staff work with the band in consultation over mining activities to ensure they meet the band's interests.
On July 13, Graeme McLaren, the ministry's executive director for the southwest region, told Coast Reporter he had recently met with the band to address consultation concerns and planned to continue meeting.
Chief Dixon was not available for further comment before Coast Reporter's press deadline.
