ABPA Endorses New Position Paper “Forging a New Paradigm” for Ring of Fire Impact Assessment

Press Release

September 10, 2024 – Robinson-Superior Treaty, Fort William First Nation Territory, Thunder Bay, Ontario: The Anishnawbe Business Professional Association (ABPA) today announced its full endorsement of a new position paper by Waawoono Consultancy, titled “Forging a New Paradigm: Rights, Reconciliation, and the Future of Impact Assessment in Canada”. The paper provides a critical analysis of Canada’s current project assessment model and argues that it is structurally flawed, creating a high-risk environment for Indigenous nations, proponents, and investors alike.

The paper compellingly argues that Canada’s Impact Assessment Act (IAA), despite its commitment to Reconciliation and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in its preamble, remains misaligned with a true nation-to-nation relationship. Waawoono’s analysis demonstrates that the Act’s retention of unilateral Crown authority and its treatment of Indigenous rights as factors to be “considered” rather than as determinants of outcomes perpetuates a colonial dynamic that generates conflict and financial risk.

“The Impact Assessment Act (IAA) is an empty promise of Reconciliation without meaningful reform,” said Jason Rasevych, a member of Ginoogaming First Nation, as quoted in the paper. “It’s time to replace the discretionary language that allows the Crown to ‘consider’ our rights and interests with a mandatory requirement to achieve free, prior, and informed consent (FPIC) as a central objective of the assessment process”.

As the paper establishes, a durable “social license to operate” (SLO) for projects on Indigenous lands is unattainable without first achieving the Free, Prior, and Informed Consent (FPIC) of the proper Indigenous rights-holders. This is no longer a “soft risk” but a material, financial one for investors.

Implications for Northern Ontario and Beyond

The position paper highlights the direct implications of its findings through case studies of major projects, including Northern Ontario’s Ring of Fire and the Alto High-Speed Rail. The Alto project is presented as a potential “best practice” model, with proponents publicly committing to Reconciliation and aiming for FPIC from the outset. The project has backed this commitment with action, including a Capacity Funding Program and provisions for Indigenous equity participation, which significantly de-risks the project.

In contrast, the Ring of Fire mineral development, located in Treaty 9 territory, is a microcosm of the challenges that arise from a fractured landscape of consent. The paper notes the conflicting visions of different First Nations in the region; while some see development as a path to economic self-sufficiency and are acting as proponents , others are in staunch opposition, arguing that the project will destroy sensitive lands without their FPIC. This situation reveals a critical gap in the Canadian legal framework: the absence of recognized, Indigenous-led mechanisms for resolving such disputes, which allows for a
“divide and conquer” strategy that perpetuates conflict.

The ABPA supports the paper’s recommendations, which call for substantive legislative and regulatory changes to forge a new, de-risked path forward. These include legislative reforms to the IAA to mandate co-governance and entrench FPIC as a central objective, a new regulatory framework requiring a pre-assessment “Indigenous Rights and Social License Feasibility Study,” and robust federal support for Indigenous-led assessment and equity ownership.

The ABPA’s endorsement reflects our shared belief that the current project assessment model is failing Indigenous Peoples and the Canadian public by perpetuating a cycle of confrontation. Adopting a consent-based framework is not a barrier to development but is the only viable, de-risked, and sustainable path for building a shared future of prosperity in
Canada.

We urge governments, industry leaders, and investors to carefully review this critical document and take immediate steps to implement its recommendations. The full position paper can be viewed at www.anishnawbebusiness.com

About the Anishnawbe Business Professional Association

The Anishnawbe Business Professional Association is a non-profit organization dedicated to fostering economic growth and professional development for Anishnawbe businesses and entrepreneurs.

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