Assessing the Interaction between ESIA and IBA Processesin the Environmental Monitoring and Follow Up of a Gold Mining Project: A Case Study of the Eleonore Mine in the Cree territory of Eeyou Istchee, Canada

  1. Introduction

Where mining projects are concerned, Environmental and Social Impact Assessment (ESIA) co-exists more and more frequently with Impact and Benefit Agreements (IBA). The question of whether these two processes are competing or complementary can be the subject of much discussion and debate. This paper examines the case study of Goldcorp’s Eleonore Gold Mine in the Cree territory of Eeyou Istchee, and the experience of both the ESIA and IBA negotiation processes in relation to environmental monitoring and follow up. We conclude that in this case, these processes are effective in meeting different Cree needs in a complementary manner that enhances the usefulness of both processes in protecting Cree rights and interests.

In 1975, the Cree Nation of Eeyou Istcheesigned the James Bay and Northern Quebec Agreement (JBNQA), a comprehensive land claim agreement and the first modern day treaty signed with an Indigenous Nation in Canada. Section 22 of the JBNQA established an Environment and Social Protection Regime, designed to provide a special status for Crees which recognizes their specific rights, and thereby minimize the negative impacts of development on the Cree Nation. This regime includes an environmental and social impact assessment (ESIA) and review procedure that the Crees have benefitted from over the years in their efforts to protect their rights and promote their interests, on issues such as wildlife resources, environmental integrity, cultural continuity and economic development.

A surge of interest in the mineral resources of Eeyou Istchee in the 2000s coincided with the Crees expressing an interest in engaging more in depth with certain project proponents alongside the ESIA process. The Crees saw in this engagement the opportunityto address certain issues that lie somewhat outside the JBNQA impact assessment process, such as employment and local contracts, as well as to foster a level of collaboration that would enhance Cree input in the management and mitigation of environmental and social impacts. In the case of several mining projects over the last decade, this engagement has led into the negotiation of what are commonly called Impact and Benefit Agreements (IBAs) – though it must be noted that some Crees resist this wording on the grounds that such agreements are not simply a transaction of benefits in exchange for impacts, but a real long term collaboration with proponents to develop a project that serves Cree as well as proponent interests.

The emergence of IBAs onto the scene requires the proponents of mining projects in Eeyou Istchee to follow two distinct processes: the ESIA process embedded by the Treaty, and the IBA negotiation process. Figure 1 shows the interaction between ESIA and Agreement processes during the mining cycle for the Cree Nation.

Figure 1. Mining Cycle, ESIA and IBA Processes’ Interaction

Mining Cycle / Exploration / Development / Operations / Closure
IBA Process / Pre-Development Agreement / IBA Negotiation & Signature / IBA Implementation:
Monitoring and Follow-up
ESIA Process / Project Notice / Guidelines / ESIA Study Review / Decision / ESIA Commitments and CA Conditions Implementation:
Monitoring and Follow-up
  1. The Éléonore Gold Mine Project – Case Study

The Éléonore Gold Mine Project by Goldcorp (subsidiary Les Mines Opinaca) is located in northeastern James Bay, Eeyou Istchee, Canada, at a distance of 190 km east of the coastal community of the Cree Nation of Wemindji. The ESIA and review procedure of the Eleonore project under s. 22 of the JBNQA began in November 2007 and the project received its certificate of authorization in November of 2011. The Opinagow Collaboration Agreement[1]was signed in February 2011 by Les Mines Opinaca, the Cree Nation of Wemindji, and the Grand Council of the Crees/Cree Nation Government (GCC/CNG). The Collaboration Agreement (Agreement) includes a chapter on the Environment where an Environment Committee (Committee) composed of representatives of the three parties is created.

2.1. Commitments related to Monitoring and Follow Up

In the JBNQA ESIA procedure, the proponent is bound both by the commitments it makes in its impact statement and by the conditions listed in its CA in carrying out its monitoring and follow up activities. Communication with impacted communities in this stage of the project, which includes the construction, exploitation, closure and restoration of the mine site, is critical as this is when the ‘wheels hit the road’ and the abstractions and assumptions of the Impact Statement become concrete, unavoidable realities.

Thus, in its impact statement, the proponent made a commitment to “ensure that the people affected by the project, particularly the community of Wemindji and especially the tallymen and land users within the study area, have the opportunity to express their concerns and expectations regarding the project and its impacts”[2]. For the Eleonore mine, the follow up program will include “periodic reports and reviews” in the spirit of “implementing a collaborative approach with the existing Cree and non-Cree regional entities”[3]. The CA for the Eleonore project also took up this theme of communication in requiring, in Condition 6.6, “that any Indigenous or non-Indigenous communities be informed of activities taking place on the mining site and of the results of environmental monitoring efforts”.[4]

While the proponent insisted upon its reliance on Cree partners’ active participation[5], this participation was not yet well-defined or developed in the Impact Statement, nor were the communication mechanisms involved in development of a collaborative approach. However, this work lent itself well to the context of the Collaboration Agreement, the negotiation of which addressed many of these topics in parallel to the ESIA process; that is to say, as the relationship between the community and the proponent developed across different fronts and fora, opportunities arose to better define needs and expectations in relation to Cree participation and collaboration.

The Agreement created these opportunities, notably in the following provisions:

6.5.6: Opinaca shall prepare an annual report on all environmental monitoring activities described herein, in consultation with the Environment Committee. The Environment Committee shall be responsible for determining and implementing an appropriate Cree communication and distribution plan of the annual report.

6.5.8: “to establish a Cree communication strategy on environmental matters and to access resources and technical assistance for the Cree representatives of the Environment Committee”.[6]

The Agreement’s focus is the involvement of the Committee in the communication and dissemination of the monitoring and follow-up activities results. The reporting requirements are therefore to be determined by the Committee members.

Whereas proponents might simply provide a copy of the annual report to comply with the information sharing condition under the CA, the Agreement provides, through the Cree representatives on the Committee, conditions to ensure appropriate and adequate communication is planned for the benefit of community members. Indetermining what, how and when environmental matters need to be disseminated to the community members, Cree members of the Committee decided to consult community members themselves in order to develop a communication strategy that best responded to their needs.

  1. Cree Communication Strategy - Environmental Matters

The communication strategy (strategy) was initiated by the Cree representatives of the Committee, to address the obligation of the proponent to inform the Cree of the environmental monitoring and follow up, as well as to address the environmental concerns raised by the Cree in the ESIA process. The objective of the strategy is to gauge current Cree interests and understanding of environmental management related to the Éléonore project, in order to tailor the communication of environmental monitoring and follow up information to include appropriate topics, language and methods of information dissemination. This improved communication is expected to enhance the transparency of environmental monitoring and follow up by making related information more readily accessible to community members.

3.1 Methodology

In September 2015 and January 2016, the Cree representatives hosted consultation sessions in Wemindji including a public session, afterwards smaller focus groups targeting specific demographic groups divided into impacted families, tallymen and land users, elders, women, youth, adults and the Band Council. These methods were chosen in order to provide one common forum for discussion, as well as enable members of different demographics to express themselves among groups of their peers where they may feel more inclined to speak up. In order to meet the objective of the strategy, the participants (n=93) were asked to 1) rank environmental concerns according to their individual priorities, 2) share their current level of awareness of the Éléonore project and related environmental matters, and 3) identify which communication methods might be most effective in disseminating information in the Cree cultural context.

3.2 Results and Interpretation

The top environmental concerns raised by the participants were water quality, big game/fur bearing animals, and fish. The results demonstrate the interests and concerns related to Cree culture, including the hunting, fishing, trapping, and consumption of healthy wild meat and fish. There is an important connection which exists between the environment and the Cree culture, the survival of the culture and its traditions is dependent on the integrity of the environment.

More than half of the participants felt they needed more information on environmental topics related to the project, and the majority expressed their desired to be regularly informed. The chosen methods of communication and the desired frequency largely depend on the participant demographic.

The most desirable communication method is a radio call-in program, as the radio remains a primary source for disseminating information in the community for the adult and elder population. This was expected as radio has long played a central role in communication in Cree society.Considering the multigenerationalcomposition of households, this method would likely reach other demographics as well. After radio call-in program, workshops, site visits/field trips, general assemblies and public hearings were identified as most desirable across demographics.

Some of the desired methods exhibited noticeable variances depending on the demographic; for example, the youth favoured social media (Facebook) whereas this method was not selected by the elders. The Band Council members preferred to have information via the Wemindji community website,in order toreach the wider community by linking to existing community communication services. Another method selected by most adults and elders is a long established way of disseminating information to the community, at the local annual general assemblies.

These consultation activities have revealed key Cree areas of interest to focus on (the ‘what’), the methods of communication and dialogue identified by the community as most effective in that context (the ‘how’), and that different demographics have different needs with respect to the volume and frequency of information dissemination (the ‘when’). The results of the community consultations will allowthe Committee members to develop tools to effectively communicate the information to the community while encouraging ongoing community engagement.

  1. Conclusion

While a proponent’s environmental monitoring and follow up obligations are determined in the ESIA process, the specifics of how proponents and communities are to engage in a constructive dialogue that integrates Cree perspectives and interests are difficult to define through that process. The IBA process and its attendant commitments to effective collaboration are an excellent forum in which to work out some of the finer details of communication protocols and strategies between proponents and communities.

The communication strategy is an example of how IBA’s and ESIA can be complementary tools in enhancing Cree participation in the building of capacity, relationships, and knowledge sharing in a manner that is consistent with the spirit of the signatories of the IBA, and in keeping the best interests of the land users and impacted community.

1

[1]The Opinagow Agreement is referred to by all signatories as the Collaboration Agreement as opposed to an IBA. An amended version of the Agreement is available at:

[2] Chapter 12 Environment and Social Impact Assessment, Eleonore Project, January 2010.pp. 6.

[3] Ibid.

[4]Certificate of Authorization issued by the Provincial Administrator to Les Mine Opinaca Ltée, on November 10, 2011

[5]Chapter 12 Environment and Social Impact Assessment, Eleonore Project, January 2010.pp. 1.

[6]The Opinagow Agreement is now public and available on the GCC website: