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Jonathon Naylor Editor An organization representing Hudbay and other Manitoba mining companies believes revenues from the mineral sector should be shared with affected First Nations. That pledge from the Mining Association of Manitoba (MAM) could carry broad implications in the Flin Flon-Snow Lake region, where new mineral projects are being met with aboriginal protests. At a meeting Tuesday in Flin Flon, Tom Goodman, a director with MAM, said the association agreed last September to some form of revenue sharing with northern bands. 'I think that probably the biggest advance that we made in our relationship with First Nations came when we agreed to put on the table that we believe that resource revenue sharing should be part of the package,' said Goodman, guest speaker at the Flin Flon and District Chamber of Commerce meeting. Goodman said revenue sharing should involve not only industry and First Nations, but also the Manitoba government. 'We really look forward to working with the First Nations and the Crown to make sure that it (is) done in a way that (benefits) all parties,' he said. See 'Other...' on pg. 9 Continued from pg. 1 Goodman said other jurisdictions in Canada have taken this approach, meaning there is an opportunity to learn from other experiences in building a protocol that suits Manitoba. Goodman _ who stressed that he spoke for MAM and not Hudbay, where he is a board member _ did not specify how mining revenues should be shared with First Nations. His comments come as the Pukatawagan-based Mathias Colomb Cree Nation continues to call for a share of the resources at Hudbay's Lalor mine near Snow Lake. The band believes Lalor is within its unceded traditional territory, a claim it has now repeated in relation to Hudbay and VMS Ventures' modest Reed mine between Snow Lake and Flin Flon. While such claims are new to northern Manitoba, they are the norm in other parts of the country, bolstered by the Supreme Court of Canada. The Court has ruled that Canadian governments have a duty to consult with aboriginal groups on decisions that may impact traditional aboriginal land. In addressing the chamber, Goodman stressed that the duty to consult in Manitoba falls not upon companies, but the provincial government. 'It's the duty of the Crown,' he said. '(In terms of) industry itself, individual companies certainly have a responsibility to participate in that activity in making sure that the data is available and accurate for the impacts of whatever projects they're undertaking. 'And the activity really requires all three parties _ the First Nations community, the company and the Crown _ to coordinate their activities in order for the economic development to proceed.' Goodman said MAM agreed to revenue sharing at a Sept. 2012 meeting with Manitoba Keewatinowi Okimakanak (MKO), which represents most northern Manitoba First Nations. He said it was one of four basic principles on which the two sides agreed. The other principles involved employment and commercial opportunities for aboriginals; accommodating a project's adverse effects on First Nations rights; and engagement between the two sides. Ownership But not all aboriginal leaders will agree with Goodman's assertion that the Manitoba government, not First Nations, owns mineral rights on traditional land within the province. 'You'll hear different opinions on who owns the mineral rights,' Goodman told 20-plus chamber guests gathered at the Victoria Inn. 'Does a First Nation own their rights on what they would call traditional lands? It's pretty clear _ in fact it's not pretty clear, it is absolutely clear _ that the Crown owns the rights to the minerals. 'Individual companies, firms, can earn rights to access those minerals by following the rules that we believe should be more clearly understood (with) protocols in order to achieve those approvals. But the Crown owns the resource.' At one point, Goodman described a memorandum of understanding between MAM and MKO that details how the two sides will cooperate to move mineral development forward. He said the organizations wrote a joint letter calling on the province to do more to ensure projects can proceed. Goodman said an initiative known as the 'Mining Table' will now bring the three sides together to find common ground, but no date has been set for the first meeting. In an interview, a Manitoba government spokesperson said legislation, regulation, policy and tax structure are in place to support sustainable mineral exploration and mine development. 'That policy includes honouring the Crown's responsibility to consult, including effective engagement of First Nations,' said the spokesperson. The province's procedures for Crown consultation with First Nations on mineral exploration and development are available online, the spokesperson said. The spokesperson said these procedures carry three objectives: provide for a consultation process of a nature and scope that is commensurate with the potential level of effect on the exercise of treaty and aboriginal rights; Êclarify the roles of the province and mining industry in consultation; and establish a clear, certain, timely and effective process for communication, information-sharing and meaningful consultation with respect to mineral exploration and development.
