Cumulative Effects Assessment and Environmental Management Atlantic

Registration

Opening Remarks from the Conference Co-Chairs

Ashley Childs, B.Mgmt
Director, Environment & Natural Resources
The Confederacy of Mainland Mi’kmaq

Julia Purcell
Cumulative Effects Assistant Researcher of Atlantic Indigenous Economic Development
Integrated Research Program (AIEDIRP)

Keynote Address

Andrea Paul
Chief
Pictou Landing First Nation

ROUNDTABLE

Deciphering the Federal Government’s Legislative Power over the Environment and How to Operate under the Current Impact Assessment Act

Stephen Buffalo
President and CEO
Indian Resource Council

The Alberta Court of Appeal concluded the Federal Impact Assessment Act (IAA) as unconstitutional saying it intrudes into provincial jurisdiction, in a May 2022 decision. In response, the federal government is appealing the decision to the Supreme Court of Canada. This session will explore what the court’s decision means for current environmental assessments and projects in Atlantic Canada.

• Determining the adverse effect on projects and which types of projects have the greatest potential to be affected
• Assessing whether the project has effects that fall within federal jurisdiction—such as effects on fish and fish habitat, aquatic species or Indigenous people
• Distinguishing between cumulative effects assessments, regional effects assessments and strategic effects assessments
• Identifying the role of regional and strategic effects assessments in federal and provincial regulatory review processes
• Examining the regulatory frameworks for regional and strategic effects assessments
• Integrating broader sustainability considerations into regional policies, plans and programs

CASE STUDY

Regional Assessments under the Impact Assessment Act: Implications for Cumulative Effects Assessment and Management

Dr. Steve Bonnell
Manager
Strategic and Regional Assessments
Impact Assessment Agency of Canada

• Examining the role and benefits of regional assessments in assessing and addressing cumulative effects
• Key considerations and lessons learned related to how cumulative effects are addressed in regional assessments

Networking Refreshment Break

How to Achieve a Broader Scope for Environmental Assessments through Collaborate with Indigenous Communities

Gordon Grey
Impact Assessment Manager
Wolastoqey Nation in New Brunswick

• Incorporating consideration of sex and gender with other identity factors in an environmental assessment
• Incorporating consideration of the traditional knowledge of Indigenous peoples, as well as community knowledge in an environmental assessment
• Analyzing the recent developments under the Impact Assessment Act
• Categorizing which projects can best incorporate a broader scope, such as
• Determining best practices for process development to ensure proper engagement and duty to consult
• Reviewing the obligations of First Nation communities
• Creating a tool kit to complete the Impact Assessment Act

Incorporating Indigenous Traditional Knowledge (ITK) into Environmental Assessments

Adam Levine
Team Leader, Indigenous Relations and Participation Funding
Canadian Nuclear Safety Commission

This session will look at real-world examples and practical applications for how Indigenous Traditional Knowledge and Western Science can be applied to projects in the natural resources sector.

• This session will address how Traditional Knowledge and Western Science can be applied to projects in the natural resources sector.
• Collaborating and engaging with Indigenous communities
• Sharing information and research and what is kept confidential
• Establishing financial arrangements and supports, setting financial priorities and understanding budgetary constraints
• Monitoring and reporting on project commitments from all parties
• Drafting agreement duration, termination and renewal
• Anticipating a dispute resolution scenario

Networking Luncheon

Etuaptmumk/Two-Eyed-Seeing: A Balanced Understanding of Cumulative Effects and Interconnectedness From an Indigenous Perspective

Paul-Antoine Cardin
Technical and Policy Advisor
Indigenous Centre for Cumulative Effects

Julia Purcell
Cumulative Effects Assistant Researcher of Atlantic Indigenous Economic Development
Integrated Research Program (AIEDIRP)

This session will introduce the Indigenous Centre for Cumulative Effects (ICCE) and the Atlantic Policy Congress of First Nations Chiefs Secretariat (APCFNC) and their perspectives on the relevance of Two-Eyed Seeing in addressing cumulative effects issues.

Points of discussion will include:

• Present both Indigenous organizations’ objectives in addressing cumulative effects issues from an Indigenous perspective.
• Present on the Two-Eyed Seeing approach, which blends Indigenous Knowledge and Western Knowledge systems.
• Define Indigenous Knowledge and Western Knowledge systems and the benefits of blending the two.
• Discuss the relevance of Indigenous Knowledge in understanding cumulative effects taking place on Indigenous lands.
• Provide guidance on the principles of sharing information rooted in Indigenous values and knowledge.
• Collaborate and engage with cumulative effects practitioners and knowledge holders to address cumulative effects issues.
• Share the results of a cumulative effects study conducted to assess concerns, needs and priorities of Indigenous communities in the Atlantic region.

Networking Refreshment Break

CASE STUDY

Implementing A First Nation’s Green Energy Hub Development Project in Accordance with the Impact Assessment Act and the Mi’kmaq Right Impact Framework

Jennifer Cleversey Moffit
In-House Counsel
Belledune Port Authority

Erica Ward
Assistant Coordinator
Mi'gmawe'l Tplu'taqnn Incorporated

This case study will detail priorities for the Energy Hub Development Project and our speakers will explain how to navigate the new piece of legislation.

How Treaty Rights are Impacted by Cumulative Effects: How the Landmark Blueberry River Decision Impacts First Nation Oversight and Management

Maegen Giltrow
Partner
Ratcliff LLP

A look at the precedent-setting British Columbia Supreme Court decision which ruled that the Treaty Rights of Yahey First Nation were infringed upon through the cumulative effects of decades of natural resource developments. Also known as the Blueberry River First Nation decision, the session will delve into the national implications.

• How will impact assessments be submitted
• Implications of the British Columbia Supreme Court decision in Yahey v British Columbia (2021)
• Examining how cumulative effects affect Treaty Rights with a look at Alberta Court of Appeal decision in Fort McKay First Nation v Prosper Petroleum Ltd, (2020)

Closing Remarks from the Co-Chairs and Conference Concludes