2. KNOW YOUR LEVERAGE POINTS AND YOUR RIGHTS

The mining industry has an enormous sense of entitlement to explore and exploit resources on CrownCrown: the Crown refers to the sovereign or to the power and authority of the monarchy. In Canada, the powers and authority of the sovereign have been delegated to the Governor General of Canada. land. Some industry representatives respond to any challenge to this entitlement with indignation. They assume the long-term interests of the industry are compatible with Aboriginal communities.

The legal basis for the industry’s self-confidence is now in doubt. In Yukon, Final Settlements are awarding both surface and sub-surface rightsSub-Surface Rights: rights to resources that lie beneath the earth’s surface. to Aboriginal communities. The YESAA establishes an important role for Aboriginal communities in the environmental assessmentEnvironmental Assessment: a written report, compiled prior to a production decision that examines the effects that proposed mining activities will have on the natural surroundings. process that must precede industrial development on traditional lands.

Other territories and provinces are also taking Aboriginal title more seriously, before and after land settlements have occurred. Court decisions in B.C. and Yukon have placed limits on what corporations, of any kind, can do on traditional lands without Aboriginal approval. These decisions may not carry the same weight in other jurisdictions. Nor do these decisions cancel out the great influence that industrial corporations enjoy because of their skills, experience, and wealth. (See Module 3.)

What this legislation and these court decisions all do is clarify points of Aboriginal leverageLeverage: strategic advantage or the power to act effectively. In negotiation, leverage is a measure of which side, at any given moment, has a greater ability to influence the other side.: the events in the development process at which Aboriginal approval or co-operation is a substantial benefit to offer a project. Access to the land, water permitsPermits: legally-binding permissions that govern activities that may occur during exploration or mine operation, like quarrying, use or impact on water, building of transmission lines, etc., and environmental and social impact assessment are three major points of leverage. By knowing their points of leverage, Aboriginal communities that want a role in mining can decide when to “sell” the benefit of their approval or co-operation, and under what terms.

This may not always be possible. Some mining companies may still reject the value of this benefit and prefer a confrontation with an Aboriginal community. More likely, however, mining companies nowadays will weigh the value of this benefit against the risks of rejecting it. Delays in development and public disapproval of their actions both can have a serious effect on the share values of mining companies.

By understanding your points of leverage as excellent opportunities to sell benefits, it is possible to realize strong relationships with mining companies and lasting benefits for Aboriginal communities. That assumes, of course, that you already have determined that mining has a role to play in building your community’s future.