Ryerson CSR Institute Session: Indigenous Consent in the Canadian Mining Context - Learning from the Voisey's Bay Institute

Given both legal requirements and cultural expectations, Canadian mining firms routinely engage with Indigenous communities as part of their efforts to develop projects. Expectations for such engagement are quickly evolving, and the idea that proponents need to secure “Free, Prior, and Informed Consent” (FPIC) from affected communities is gaining currency. While some continue to engage in definitional debates and press for regulations, others – including members of Canadian Indigenous communities and mining companies – are engaging in dialogue and agreement-making, with these agreements perhaps constituting the fulfilment of the FPIC principle.

This talk explores these issues based on an analysis of: 1) the logic of, and general experience with, Impact and Benefit Agreements as used in Canada’s mining sector over the past two decades; and 2) the specific experience of the Labrador Inuit/Nunatsiavut Government with the negotiation and implementation of an Impact and Benefit Agreement for the Voisey’s Bay project.

This event is co-sponsored by the Ryerson CSR Student Association, the Ryerson Commerce and Government Association, and the Ryerson Law and Business Student Association.

More on the Voisey’s Bay mine and the Nunatsiavut Government:

The Voisey’s Bay Nickel deposit was discovered in the early 1990s in traditional Labrador Inuit territory, prior to the ratification of the Labrador Inuit Comprehensive Land Claim Agreement, which established the Nunatsiavut Government.  For the Labrador Inuit, the proposed mineral development 35km southwest of Nain was recognized as holding significant potential to create socioeconomic benefits at a time when opportunities in the fishing industry were in decline.  

At the same time, the proposal generated several concerns for the Labrador Inuit. One prominent concern centred on sea ice breakage as a result of winter shipping.  Another centred on the possible erosion of traditional subsistence lifestyles, especially given the potential for further loss of culturally significant species like caribou.  Given this, the Labrador Inuit sought to find a path forward that would maximize local socioeconomic benefits and minimize ecological and cultural impacts.  They did so through the strategic use of multiple, parallel planning processes including Modern Land Claim Agreements, Impact and Benefit Agreements, Environmental Assessment and, on occasion, litigation.  The result of this was that the Labrador Inuit Association was able to effectively exercise their authority and co-develop a project that would benefit the modern Inuit market economy without significantly harming traditional economies or values.  Operational for 10 years with a greater than 50% Inuit and Innu employment rate, the Voisey’s Bay mine is regarded as an exemplary case of large scale development conceived in partnership with its territorial hosts.

Ben Bradshaw is an Associate Professor of Geography at the University of Guelph with expertise in environmental governance, especially in the context of resource extraction, and is a recognized leading scholar on Impact and Benefit Agreements (IBAs). His research program on the Canadian mining sector’s use of negotiated IBAs with Indigenous communities, has investigated their origins, effectiveness, and relationship to regulatory systems governing mining developments in Canada. He is the originator of the IBA research network, which brings together academics, regulators, Indigenous communities, industry representatives, and consultants for the purpose of identifying knowledge gaps and facilitating research to address gaps.

Theresa Hollett has been implementing the Impact and Benefit Agreement (IBA) between the Nunatsiavut government and global mining company Vale for the last 12 years. In her position, she is responsible for ensuring that all aspects of the IBA, including education, training, hiring, workplace conditions, and environment, to name a few, are being implemented and respected. Hollett started out as the IBA Training and Employment Coordinator for the Labrador Inuit Association in March 2003 and became the IBA Coordinator in 2005.