City officials say they’ve consulted extensively with Indigenous stakeholders in their efforts to redevelop residential lots in the Rossdale Flats and other River Valley neighbourhoods. But some vocal opponents say they wouldn’t know that from what they see as a lack of public information about the steps and progress the city has made.
On Wednesday, Ward O-Day’min Coun. Anne Stevenson motioned to administration to provide a report on how information has been provided to the public on Indigenous engagement and archaeological evidence. Administration is to produce annual updates on what communication has been completed.
In response to concerns made by the public, councillors on the Urban Planning Committee had asked for a report on the city’s requirements in regards to consulting Indigenous stakeholders.
“There’s potential for human remains, that has to be treated with the utmost focus and delicacy,” said Stevenson. “The city has procedures in place that I think are rigorous, but they’re not available publicly right now and there’s no reason why they can’t be from what I understand.”
What is the duty to consult?
Section 35 of the Charter of Rights and Freedoms makes it the duty of the Crown — which means the executive branches of federal and provincial governments — are legally obligated to consult with Indigenous and Inuit governments about conduct which may impact their lands, resources or people.
Are municipalities considered ‘the Crown’?
No, but court cases have split down the middle on whether municipalities have a duty to consult, with one case in B.C. finding there was no duty and a second in Ontario concluding there was. City of Edmonton officials say they have no legal requirement to consult on city-owned or private land.
So what is the city’s obligation?
Edmonton has made it official policy to commit to Truth and Reconciliation, which in principle means the city believes it should be consulting with local Indigenous governments in good faith.
“While there may be minimum legal requirements, the city’s expectations of ourselves go far above that,” said Stevenson.
How many Indigenous groups does that mean?
City administration has a list of 32 First Nation and Indigenous stakeholders.
What are the Indigenous concerns to development in Rossdale Flats and the River Valley?
As the North Saskatchewan River was effectively the highway for people for thousands of years, there are hundreds of historically important areas, ranging from religious and cultural sites to burial grounds. Some would liken it to bulldozing Stonehenge to put up condos.
However, Stevenson noted the areas in Rossdale being eyed for development were already residential zones.
“Rossdale looks empty but it was previously a residential neighbourhood,” she said. ” There used to be houses on what now are seen as open streets.
“It wasn’t about taking river valley land and turning it into a residential neighbourhood, it was taking an existing residential neighbourhood and enhancing it to scale to its Downtown location and a strategic place to add infill. I think that’s where a lot of the tension is coming from.”
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