A new deal

Lana Okerlund | Image: Graham Winterbottom | Published: May 01, 2008

It was a walk in the woods one cool October day in 2006 that awoke John Irving, vice-president of general counsel at B.C. Transmission Corp. (BCTC), to what aboriginal consultation is really about. Irving knew that BCTC, a Crown corporation, had a legal duty to consult First Nations groups about the potential impacts of its 10-year, $5.1-billion capital expansion plan; several recent landmark court cases about aboriginal rights and title had made this clear. But as Irving and his colleagues followed their Chehalis guides through the patch of Fraser Valley forest, seven kilometres northeast of Harrison Mills, the spirit behind the law became vividly apparent: it was about listening and learning and respect.

The two Chehalis First Nation representatives, Robert Lagasse and Gordon Mohs, pointed to where their ancestors had once lived in underground winter homes. Surrounding cedar trees showed clear signs of cultural modification, deep scars where bark had been stripped to support the livelihoods and traditions of the people who had inhabited the area for thousands of years.

“They talk about First Nations being in this area from time immemorial, but I really didn’t know what that meant before,” says Irving, adding that the tour – an aboriginal-awareness session for BCTC managers – gave him a new appreciation for aboriginal concerns that sensitive areas could be disturbed by industry. “If we’re not completely aware of what we’re looking for, we could run into problems. We need these people to guide us.”

BCTC’s existing 18,000-kilometre power grid, part of which lies adjacent to the Chehalis First Nation reserve, requires regular maintenance and vegetation management. Moreover, the new 240-kilometre line that the corporation is now seeking regulatory approval for will cut through the group’s traditional territory, and many other First Nations communities are similarly affected by BCTC’s operations. While the company strives to mitigate the effects of its activities on aboriginal communities, Irving admits that “in the end, there will be some things that we are doing that will impact them.” Mitigating that impact is where accommodation comes in – and at meetings the BCTC team held with aboriginal groups across the province, one request was voiced again and again: more First Nations jobs.

“When you have someone who has a stake in what you’re doing the way First Nations people do,” explains Irving, “and you need to develop good relationships with them – and they’re telling you that what they

really want is work, and you’re in a position to provide that – well, it all sort of came together. We have to do this work, we’re going to spend this money – so let’s spend more of it with First Nations people.” The result is a formal aboriginal business development program that has increased the value of services BCTC buys from First Nations suppliers almost eightfold in under two years.

Even before his walk in the woods, Irving had started contemplating how better to involve aboriginal groups in BCTC’s operations. He outlined the basic tenets of the program in March 2006 and then asked Claire Marshall, BCTC’s aboriginal relations manager, and Matt Vickers, director of aboriginal services in B.C. for consulting firm Meyers Norris Penny LLP, to talk to First Nations groups about ways to increase commercial opportunities for aboriginal suppliers and to eliminate barriers. That feedback was incorporated into a draft policy, which Marshall and Vickers reviewed again with key groups. Vickers, a self-described bridge builder between business and First Nations for more than 30 years, has seen many companies simply go through the motions of consultation. In BCTC’s case, he says, the process had a great effect on the end product. “I tip my hat to John Irving. I didn’t think that once we produced the draft he would take it for a test with the First Nations market. He did, and that says a heck of a lot.”