Gordon Mohs presents on Aboriginal Relations and provides perspective from both sides of the fence as he has worked for both First Nations side and the corporate sector. This presentation was delivered at the Expanding Our Knowledge Conference held in Vancouver, BC on April 15, 2013 and was powered by Indigenous Corporate Training Inc. and hosted by www.workingeffectivelywithaboriginalpeoples.com.

1. Gordon Mohs
EBA Engineering, A Tetra Tech Company
April 2013

2. From Title and Rights Heritage Advisor
to Consulting Scientist
Perspectives From Both Sides of the Fence:

4. Introduction
Personal History
Upper Nicola
Government Archaeologist
First Nations Heritage Resources Advisor 
Economic Development & Aboriginal Title and Rights
Aboriginal Relations, EBA Engineering
4

5. 5

6. 6

7. FIRST NATIONS
 Understanding Aboriginal Communities is important
o Cultural sensitivity
 Cultural Diversity
o 620 Aboriginal groups in Canada
 not counting the Métis
 50+ languages
7

9. 9

10. First Nations ARE Governments
 Inter-government Relations
 Health Services
 Housing
 Education
 Lands
 Water
 Fisheries
 Forestry
 Aboriginal Title & Rights
 Human Resources
 Natural Resources
 Administration
 Infrastructure
 Public Works
 Capital Works
 Tourism
 Economic Development
 IT/Communications
 Everything Else:
Sports  Membership  Drug &
Alcohol Abuse Youth
Unemployment Residential Schools
 Elders  Cultural Traditions 
Death  Spiritual Practices
10
Managing ALL Portfolios of Provincial & Federal Governments
with limited staff, Council & resources

11. 11

12. Constitutional & Legal Rights
 Impact of Legal Successes
o Referrals
12

13. 13

14. 14

15. Impact of Political Successes
• Negotiation of Impact Benefit Agreements with Proponents
• Meaningful engagement & input in Environmental Assessment Process
• BC First Nations Revenue Sharing
o Tahltan (Forest Kerr), Akisqnuk & Ktunaxa (Elk Valley), Williams
Lake Indian Band and Xatśūll First Nation (Mt Poly)
o Link: Google: BC Revenue Sharing, First Nations
• Forest Consultation Revenue Sharing Agreements
• Development & Recognition of Land Management Plans
• Land Transfer Agreements
• Cooperation Agreements
• Lands & Resources Management Agreements
15

16. 16

17. Treaty vs. Non-Treaty First Nations
• Capacity Funding for Treaty Negotiations
• Preferred status of Treaty First Nations
(e.g. AANDC funding re: Contaminated Sites
cleanup)
17

18. 18

19. Human Resources
• Limitations: local human resources: education,
expertise, capacity generally
• Outside consultants
• Lawyers
• Everyone wears many hats, especially Chief
19

21. Roles
o Treaty/Non-Treaty
Strength of Claim
o Negotiations with
government and
industry
o Strength of Claim
o Traditional Knowledge
o Expert Witness
o Referrals
Management/Tracking
 Sustainable systems
o Heritage Resources
Management
o Community heritage
resources
o Environment
o Natural Resources
Management
o Policy development
o Project management
o Economic Development
21
In Aboriginal Title & Rights

22. Capacity, capacity, capacity
• First Nation
oEngagement with Consultants
oEngagement with Government
oEngagement with Proponents
22

23. 23

24. 24

25. Summary
It’s Complex and Demanding
25

26. Transition: Other side of the Fence
 First Nations Governance 
Consultation for Engineering Firm
  changing relations
26

27. 27
 Mining
 Energy
 Infrastructure
 Transportation
 Environment
 Water
EBA, A Tetra Tech Company, is a Leading
Engineering Company in Various Business Sectors

28. 28
EBA Office Locations

29. 29
Tetra Tech, EBA’s Parent Company
 World class engineering firm
 14,000 scientists in 20 countries
 50 offices across Canada, 330 offices world-wide
 Partner Canadian Companies: WEI, BPR, BNG & Fransen Engineering,
Parkland Pipeline and Tetra Tech Canada Construction

30. Aboriginal Relations
• Legal implications:
o Every project requires Aboriginal component
o Industry of Consultants Created
30

31. What’s in a Name?
• Aboriginal Relations…………………….?
• We used to be called by different names
o Heritage Consultant
o Heritage Advisor
31

32. 32

33. Consulting Works Many Ways
 EXAMPLE:
• Non Aboriginal consulting for First Nation
• First Nation Consultant consulting for Mining
Company
33

34. Know your consultant
34

35. Consultant Perspective
• Capacity, capacity, capacity
o Every project requires Aboriginal component
 Engagement with First Nations
 Engagement with Proponents
 Engagement with Government
o Compounded with size of Company
 EBA Yukon Office
– 40 employees & completed over 5,000 projects
 EBA All Offices (14)
– 700 employees, 100,000+ projects
35

36. 36
Risk
There is always Risk in
Relationships

37. 37
Mining Engineering
EKATI Diamond Mine

38. Jargon
• PA (Preliminary Assessment: Technical Memo)
• PEA (Preliminary Economic Assessment)
• PDR (Project Description Report)
• BD (Baseline Data)
• PFS (Pre-Feasibility Study)
• EIS (Environmental Impact Statement)
• NI-43-101
38

39. Issues for Engineering Firms
• Best Practices while trying to maintain Highest Quality
Work at Lowest Bid
• Relationships vs. Profitability/Billable Time
o In the end, same thing
39

40. 40

41. Government Regulatory Processes
• Issues of Concern for First Nations
o Consultation logs
41

42. Differing Values
• Client expectations
 Quality work, as cheap as possible
 Next
• First Nation expectations
 Quality work, Band rates
 Comprehensive
• Consultant Rates
 High Rate = Quality Product, Minimal Time
42

43. Geotechnical Engineering
43

44. Best Practices
• Good relationships are mandatory
o Recognize the significance of cultural traditions and
cultural practices of the Aboriginal communities
affected by the Project, keeping in mind that each
community is different.
o Act with honour, openness, transparency and respect.
44

45. 45

46. Core Values
• Listen
• Honesty
• Don’t promise what you can’t deliver
• Respect cultural differences
• Be sensitive to different cultural and spiritual values
46

47. 47

48. Nature of Relationships
 Relationship between the Proponent and the Aboriginal
Community is different from
 Relationship between the Consultant and the Aboriginal
Community, which is different from
 Relationship between the Contractor and Aboriginal
Community.
The nature of relations and commitments to the Aboriginal
community has to be understood both internally and
externally.
48

49. Working Together
49

50. Opportunities
• Identify REAL opportunities at each stage of Project,
based on technical and economic fundamentals.
• Recognize that meaningful Training Programs are
important and that Education is #1
o Focus on regional resources for skills development
o Comprehensive skills development at every level
(trades  professional)
o Recognize Human Resources investment in decades,
not weeks, months, or years.
50

51. 51
Training and Capacity Development
EBA works closely with First Nations in various types of
training and mentoring programs

52. Adams Lake Indian Band ESA Training
52
EBA/ALIB Environmental Site
Assessment for Sunny Point
Campground

53. 53
Partnerships: Katzie First Nation
EBA & Katzie Dev. Corp Gateway Project
Environmental Monitoring and
Habitat Reconstruction
KATZIE
DEVELOPMENT
CORPORATION
LIMITED

54. 54

55. Communications
• Establish communication protocols that incorporate and
reflect community values
• Routine, established communications are needed to
address issues.
55

56. 56

57. Legal Matters
• Legislation & Constitutional Realities
o Aboriginal Case Law: Understanding Aboriginal Rights
• Staff Knowledge re: First Nations
o assuming that everyone in your company is as
knowledgeable about First Nations
57

58. 58

60. AANDC
• Know that fellow professionals (e.g. engineers) may not
understand how things work with Aboriginal Projects
(e.g. what is meant by March 31st
final invoice notice
on AANDC projects)
60

61. 61

62. Fairness
• Example: MOU review: Ontario
o American Foreign Corrupt Practices Act
62

63. Community Recognition & Sponsorships
 EBA Tetra Tech is sponsor
of several National and
Regional First Nations
Charities including:
o Canadian Council for
Aboriginal Business
o Mining Matters Charity
Aboriginal Youth
Outreach Program.
 Support for community
programs.
63
March 2012, EBA presents bursaries to
Sts’Ailes Community School as an
incentive for keeping kids in school.

64. In the end, it’s all about Relationships and
building better communities
64