Canadas Environmental Program for the Aboriginal Communities - Term Paper Example

 Canada’s Environmental Program for the Aboriginal Communities: Attaining Sustainable Development Introduction Aboriginal people perceive of land as part of an experience. To them, place is not an environment or a landscape but their relationship with place is expressed in spiritual terms. Place and people are related and expressed as a culture. The way they exploit the environment is meticulously done, which means they don’t have the tendency to abuse place and nature because this is part of their culture and heritage. They don’t call it exploitation but something of sharing with nature. Nature does share what it has and the Aborigines reciprocate it as part of their individuality and spirituality. (Parks Canada, 2012) For many years, the Aborigines experienced exploitation; exploitation of what they used to have, nature. Through the years, the Europeans who came to live and “use” nature excluded the Aborigines from decision-making processes with respect to the exploitation of natural resources. But Canada has recognized the existence of the Aborigines, their right to live within the population and their right to self-governance on matters pertaining to land and people. A landmark decision was promulgated by the Supreme Court of Canada in 1990, stating that the government should recognize the rights of the Aborigines with respect to their land and the exploitation of natural resources. Despite the law, native rights remained unrecognized. The Aborigines all over Canada united asking for recognition of their native rights. Now the Aborigines have their own recognized communities. Various laws have been enacted to protect Aboriginal rights and where acts of government involve environmental activities, the “Aboriginal governments” are properly consulted and are part of the action groups to foresee environmental protection and preservation. (Cook and Lindau 2000:101) Research Questions How does Canada deal with the Aborigines and the lands where they consider a part of their heritage? How does Canada protect the environment in the lands covered by the Aboriginal governments? Thesis Statement The Aboriginal people should have a significant role in the decision-making processes on matters related to exploitation of natural resources and protection/preservation of the environment where Aboriginal communities thrive. Aboriginal people feel that land is part of their culture and spirituality. When they had agreements with early colonizers, they felt they had to share the land and its resources but not as a commodity or something for compensation. Canada has provided self-government for the Aboriginal communities to help them solve their problems within their places. This means greater responsibilities for the Aboriginal communities. Self-government describes an over-all approach to development. It includes taking care of the environment and all other areas of development. Self-government includes political power which is passed down to the grassroots initiatives, with the principles of devolution, legislated change, and assertion of jurisdiction. (Elias 1991:129) In this paper, I will argue how Canada deals with its aboriginal people and the areas where they live. This paper will discuss environmental issues and programs in the Aboriginal lands of Canada. I will argue that environmental programs in these areas should involve the Aboriginal communities. First, I will identify and define the Aboriginal people and the areas where they thrive, define “Aboriginal governments”, and identify government programs and laws and people’s initiatives for environmental protection and preservation within the Aboriginal lands. I will argue that Aboriginal people have the inherent right to self-governance, but Canada – the government and its people - have taken steps in providing the right direction for the Aborigines and attaining sustainable development for the whole of Canada. To attain sustainable development, environmental programs must be focused not only for the current but for the future generations of the Aboriginal people and their lands. Therefore, Canada must implement effective steps to be successful in this struggle. Lastly, I will conclude that Canada can attain it by effectively implementing the laws and Acts of Congress that will enable the Aborigines to govern themselves and protect and preserve the lands and areas where they live. This is relevant to the study of global development because it involves the subject of sustainable development particularly on the environment. We will discuss how Canada and its government have implemented policies to help the Aboriginal communities. Literature Review Canada’s rich and varied natural resource has spawned unprecedented growth this past 200 years. Because of this richness in natural reserves, government officials from the provincial to the federal level have the feeling that the country’s vast minerals, wildlife, fisheries, and forests will last indefinitely. Only in the past decade or so have Canadians questioned the government resource and environmental policies. Out of the changes instituted by government, resource exploitation was accompanied with social and environmental values. Non-government organizations played a significant role in shaping policy for resource management. Public hearings, public opinion polls, and parliamentary lobbying were some of the non-government actions that shaped public policy. (O’Riordan 1991:420) Before the Europeans “invaded” what is now Canada, Aboriginal people had their own effective way of managing their resources and environment. When the Europeans came into the scene, there was competition for land and resources between the colonizers and the Aborigines. This competition was not present on the Canadian fur trade, because there was a partnership between the Europeans and the natives on the exploitation of the fur resource. But when the fur trade ended, competition soon started and native rights continued to erode. (Notzke 1994: 1) The Aborigines of Canada have traditionally been excluded from exploitation of natural resources. This exclusion or denial was blatant and explicit, for example the Colonial Land Ordinance of 1870, which prohibited the Aboriginal people, specifically the Indians, from claiming a right of land pre-emption (Notzke 1992:2). Then there was also the Indian Act of 1876 which barred the Indians of their native land. In 1990, the Supreme Court of Canada ruled in favour of the Aborigines, with the government of British Columbia recognizing the validity of the native rights over land claims. After a show of force by the Aboriginal people all over Canada, the government recognized that ‘land and resources were an integral part of the First Nation’s right to self-government’ (Notzke 1994: 3). In 1993, Canada implemented constitutionally protected self-government treaties for the First Nation communities. This affirmed the Aboriginal people’s right to govern themselves, including the power to pass laws and make decisions on internal and external matters, specifically on environmental protection (Fixico 2008:726). The right to self-government is recognition of the Aboriginal people’s ethnicity or nationhood as well as their territory and resources. (LaSelva 1996:137) Powers invested by Law on Aboriginal people Aboriginal people should be respected and consulted on matters pertaining to environment protection and preservation. Various activities for implementation of laws and for sustainable development measures should involve the Aboriginal communities. Some of these activities are mentioned below. The “Aboriginal governments” The Canadian Environmental Protection Act, 1999 (CEPA, 1999) defines “Aboriginal governments” as Aboriginal communities with self-governments and in agreements with the Government of Canada. These communities have environmental protection programs. They include the James Bay Creek, the Yukon First Nations, Nisga’a, and the Inuit. Other Aboriginal governments include the Métis governments and those covered by the First Nations Land Management Act. (Assembly of First Nations, Canadian Environmental Protection Act, 1999) Management of Natural Resources with First Nations The federal, provincial and territorial governments in collaboration with First Nations used co-management to address problems, opportunities and other concerns in the exploitation and preservation/protection of natural resources. All the stakeholders, signatories of agreements and arrangements, cooperate in the control and management of natural resources, and in defining the scope, mandate and function of the groups involved. (Co-Managing Natural Resources with First Nations 1996:1) Canadian Environmental Protection Act, 1999 CEPA 1999 aims at pollution prevention to protect the atmosphere and to attain sustainable development. The Act recognizes the traditional Aboriginal ecological knowledge in environment preservation and human health. The Act provides management responsibility to the federal government on matters pertaining to environmental preservation/protection. Aboriginal lands are lands covered by the Indian Act. The Act recognizes the right of the “Aboriginal governments” to comment on environmental issues. The federal government should consult aboriginal governments on matters pertaining to pollution prevention, human health, and in control of toxic substances. (Assembly of First Nations, Canadian Environmental Protection Act 1999) Responsible Resource Development This is Canada’s action plan that capitalizes on resource development potential to stimulate jobs and economic growth. It recognizes Aboriginal consultation on environmental issues, and mandates federal officials to have access to information systems that will inform Aboriginal groups’ decisions, consultation systems with the Aboriginal communities, and new guidelines and training to make the Aboriginal people more informed. (Canada’s Economic Action Plan, 2011) Nuclear Waste Management Organization NWMO is an organization mandated by law to implement the Adaptive Phased Management, which is the management of Canada’s used nuclear fuel. In implementing its policies and action plan, NWMO recognizes and respects the rights and interests of the Aboriginal peoples, along with their lands, communities and culture. The organization works with these communities by asking their comments and decisions on matters pertaining to used nuclear fuel. (Nuclear Waste Management Organization 2012) Species at Risk Act Aboriginal people are also consulted for the implementation of the Species at Risk Act. The Act aims to protect species at risk in the country. It recognizes a meaningful collaboration with the Aboriginal people in wildlife conservation. The Aborigines are consulted in assessing which species are at risk and how to institute protection and recovery measures or how to save them. (Species at Risk Public Registry, 2012) Aboriginal communities are also consulted when their lands have oil exploration and exploitation. Energy is one of the significant elements for sustainable development. But for a state to attain sustainable development, it must meet the demand and minimize environmental impact. Case study Aboriginal communities in Alberta have taken control on some government services, like social services. The First Nations and Métis communities identify the culturally-sensitive needs of Aboriginal communities. These needs include economic development, health, education, child welfare, and other social services. Aboriginal people are one of the poorest, if not the poorest, sectors of Canada. But lately, their elders and community leaders have been consulted and take part in the administration of social services, and on matters pertaining to environmental preservation. Alberta First Nations negotiates with the federal government on ‘negotiated settlements of outstanding land claims with the federal government’ (Berry and Brink 2004:77). Moreover, in 1990, the Alberta Federation of Métis Settlements was granted by the Government of Alberta Settlement lands to the Métis communities on a permanent basis. These settlements, with the self-governance principles, were successful in providing safeguards to the preservation of the lands and surrounding natural resources. The Aboriginal governments were also granted partial control over oil and gas development. A trust fund of $140,000,000 was granted to the settlements. Funds and capital improvements were also provided by the government. The Métis Nation of Alberta Association and the Alberta government agreed and formulated a framework in 1987 for the promotion of economic development, social and educational services, and environmental protection/preservation in the lands occupied by the Métis Aborigines. The Aboriginal people have emphasized in their advocacies that sovereignty and a secure land provide hope for their future and a sustainable development for future generations. Theories Growth economics is not only the concern of one but of all nations fighting the forces of globalization. When speaking of growth, we always refer to sustainable development. Sustainable development takes into consideration environmental programs for the present and the future generations. Exploitation of natural resources and extracting raw materials from the environment to produce products are contrary to the environmental programs the world is aspiring for. Canada is focusing on cleanliness in its backyard, which is what nations should be doing when it comes to environmental preservation. It is not surprising that it has tapped the services of its own people, actually the original inhabitants, the natives of Canada. It is these people who know what is best for the environment and the natural habitat that they consider a part of their heritage. Sustainability and Development The term ‘sustainable development’ was first used in the 1980s in one of the world conferences by a religious body, the World Council of Churches. It was then adopted and discussed in the International Union for Conservation of nature and Nature Resources in 1980. The phrase became popular when the Norwegian Prime Minister Gro Harlem Brundtland, then the chair of the United Nations’ World Commission on Environment in 1987 included it in his speech titled “Our Common Future”. Brundtland explained that sustainable development meant meeting the needs of the present generation without disregarding the needs of the future generation. (Machacek 2011:9) Sustainable development became popular in reports and governmental management narratives because it emphasized the need for environmental preservation in order to meet the needs of the present and future generations. Sustainable development emphasized two concepts: needs and the limitations of technology, social and organisational rules, and resource limitations. Mahatma Gandhi put it this way, “The world has enough resources for everyone’s need, but not for everyone’s greed” (Machacek 2011:9). Conclusion With respect to Canada and the Aboriginal Communities, we can say that the laws and actions of the provincial governments are enough for the country and the Aboriginal people to attain sustainable development. Sustainable development and environmental preservation are synonymous in the sense that we cannot attain development for the present and future generation if the environment is left behind. The federal and provincial governments recognize the roles of the Aboriginal communities in the sustainable development activities. The political, legal, and social factors have united with the Aboriginal communities in taking care of the environment through the various activities and projects in the provincial and national levels. Works Cited Assembly of First Nations, Canadian Environmental Protection Act. 1999. Web. Retrieved 5 July 2012 from http://www.afn.ca/uploads/files/env/cepa.pdf Berry, Susan and Jack Brink. 2004. Aboriginal Cultures in Alberta: Five Hundred Generations. Alberta, Canada: The Provincial Museum of Alberta. Print Canada’s Economic Action Plan: Frequently asked questions: Responsible Resource Development. 2012. Web. Retrieved 6 June 2012 from http://actionplan.gc.ca/eng/feature.asp?pageId=445 Co-Managing Natural Resources with First Nations. 1996. Web. Retrieved 6 July 2012 from http://publications.gc.ca/collections/Collection/R32-223-1996E.pdf Cook, Curtis and Juan D. Lindau. 2000. Aboriginal Rights and Self-Government. Canada: McGill-Queen’s University Press. Print Elias, Peter Douglas. 1991. Development of Aboriginal People’s Communities. Ontario, Canada: Captus Press Inc. Print Fixico, Donald Lee, ed. 2008. Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty. Santa Barbara, California: ABC-CLIO, Inc. Print LaSelva, Samuel V.1996. The Moral Foundations of Canadian Federalism: Paradoxes, Achievements, and Tragedies of Nationhood. Canada: McGill-Queen’s University Press. Print Machacek, Erika. 2011. Sustainable development in Western Anglophone Africa: analysis of millennium development goal 7’s viability ‘ensuring environmental sustainability forest management’ under corruption aspects in Ghana and Liberia. The Netherlands: GRIN Verlag. Print Notzke, Claudia. 1994. Aboriginal Peoples and Natural Resources in Canada. Ontario, Canada: Centre for Aboriginal Management Education and Training (CAMET). Nuclear Waste Management Organization: Aboriginal engagement. 2012. Retrieved 6 July 2012 from http://www.nwmo.ca/aboriginalengagement?language=en_CA& Parks Canada. 2012. Aboriginal World Views. Retrieved 6 July 2012 from http://www.pc.gc.ca/eng/docs/r/pca-acl/sec1.aspx Species at Risk Registry: The Aboriginal Fund for Species at Risk and the Species at Risk Act. 2012. Retrieved 6 July 2012 from http://www.registrelep-sararegistry.gc.ca/involved/funding/faep-asrp_e.cfm Read More