Harvard Study Shows Need for Legal Reform in British Columbia 
                                                          
Cambridge, MA (June 7, 2010) - The special rights guaranteed to First Nations receive inadequate attention in British Columbia when compared to mining interests, the International Human Rights Clinic (IHRC) at Harvard Law School said in a report released today.
 
The report, Bearing the Burden: The Effects of Mining on First Nations in British Columbia, analyzes existing mining laws and highlights the troubling situation of Takla Lake First Nation, whose mineral-rich territories have been repeatedly opened to mining without adequate consultation by government and industry.

Anyone with a credit card and an internet connection can buy a mining claim on traditional lands, where First Nations have lived for centuries.

Mining claims increasingly blanket Takla's territory due to the online "free entry" system. Anyone with a credit card and an internet connection can buy a mining claim on traditional lands, where First Nations have lived for centuries.
 
"First Nations suffer the consequences of a regime that favors mining over the environment and indigenous culture," said Bonnie Docherty, lecturer on law and clinical instructor at IHRC.  "British Columbia should reform its laws to elevate fundamental aboriginal rights."

"I strongly support this damning assessment of the provincial mining system because I know firsthand how BC law and policy are used to avoid meaningfully addressing our Aboriginal rights, title, and community concerns," said Chief Dolly Abraham of the Takla Lake First Nation.

Quoted in a Vancouver Province article, Grand Chief Stewart Phillip, who heads the Union of B.C. Indian Chiefs, said third-party interests are given "free and unfettered access" to First Nations resources in B.C., violating aboriginal land rights. "The Harvard study has reflected, reinforced and validated the increasing alarm of our First Nation communities," said Phillip.

"We understand the frustrations identified by Takla and are prepared to discuss them with public government and industry officials," echoed Dave Porter, CEO of the B.C. First Nations Energy and Mining Council.

In a prepared statement Assembly of First Nations National Chief Shawn A-in-chut Atleo said that findings of the Harvard study echo the situation facing First Nations across the country. The findings state that B.C.'s mining regulations do not recognize First Nations rights to self-determination and the critical need for First Nation involvement right from the beginning of any exploration.

"I commend Takla First Nation and the group, First Nations' Women Advocating for Responsible Mining for undertaking this important work with Harvard University. This partnership confirms through independent, expert research the position of First Nations and the recommendations point the way forward," he said.

According to the IHRC report, past and present mining activity cumulatively represents a serious threat to Takla's way of life.  It has already affected habitat, disrupted wildlife, and caused fear of contaminated soil and water. Finally, the community has received few of the benefits that may come with mining. offers a unique look at British Columbia's mining regime-on paper and in practice-through a human rights lens. Both international and domestic law entitle First Nations to special protections related to their traditional territory. 

First Nations have the right to participate in decision-making about the future of their land and natural resources.  They also have the right to use the land, which is inextricably linked to their culture, spiritual life, and livelihoods. 

Bearing the Burden

In light of the effects of mining, IHRC calls for legal reform that ensures government, industry, and First Nations more fairly share the benefits and burdens of mining. Law reform should make rights the foundation of the B.C. mining regime.

"As a Nation we are not opposed to mining or economic development, but we have to remember what is important. Gold does not run through our blood. We are all made of water. We have pushed the boundaries too far if we are willing to destroy life itself, water, as a means of getting cheaper gold." John Allen French, hereditary chief of the Takla First Nation (2007)"British Columbia needs to shift its presumptions about mining," Docherty said.  "The aboriginal rights of First Nations should be considered alongside the interests of the mining industry."

Despite some ad hoc successes, the B.C. legal regime generally does not offer First Nations adequate consultation during the mining approval process.  For example, in some cases, members are not notified early enough to stop the momentum of a project.

In other cases, they are not given the time or tools to conduct studies and mount a reasonable defense. Institutionalized rights protection would help remedies such deficiencies.   

Click Here To read the full report