Manitoba archaeological regulations

Canada-Manitoba Agreement for Environmental Assessment Harmonization

In 1994 Canada and Manitoba commit to the concept and use of sustainable development in their governments, and recognize the importance of integrating environmental and economic activities. In doing so Canada and Manitoba agree to recognizes jurisdictions between the two levels of government when aspects of environmental assessment projects rulings are required. The two levels of government agree to work together in order to ensure that projects are conducted under the set requirements of both the Canadian Environmental Assessment Act as well as Manitoba’s Environment Act. Under this agreement both parties conceded to work together on such issues using aspects of 'Harmonization' in order to achieve maximum results.

By undertaking this agreement, Canada and Manitoba are attempting to cultivate cooperation between Federal and Provincial governments where environmental assessment is concerned. By doing this the two parties hope to achieve an improved level of efficiency of both public and private resources. Another aspect of this agreement is the attempt to establish a system of roles of responsibilities between federal and provincial governments including accountability issues.

There is a heavy emphasis on cooperative work between the two groups every move is met with approval or acknowledgement from the other party. Jurisdiction, ownership, responsibilities are all negotiated constantly between the two groups; the groups even give notice to one another about their participation in assessments. When the two groups are both conducting surveys on the same location, they meet and determine a lead party based on the situation. In the end it is the parties (provincial or federal government) who determine the ‘completedness’ of a given project.

Triggers

Triggers for assessments (reasons/causes for assessment) under these acts include: whenever a federal authority (any federal agency or department, including ministers and the Government of Canada) proposes a project, if a federal authority provides financial assistance that enables a project to be carried out; if the federal agency sells, leases, or transfers control in any form, of a piece of federal land in order to carry out a project; if the federal agency has to provide a license or a permit then an assessment must occur. If one or more of these requirements are met then an assessment must occur in order for the project to proceed, during the assessment the project will be placed on hold until approval or disapproval of the assessment is awarded.

These are not the only instances under which an assessment may have to be conducted; an assessment may also be conducted if the minister receives a petition form an individual or group requesting that the project have an assessment conducted. If the minister feels that the project warrants an assessment after reviewing the petition than they (the minister) may order that an assessment be held before any further work on the project continues.

Aboriginal involvement

Aboriginal groups may become involved when: they feel there are certain aspects that should be included in the assessment process, or when the project or assessment process may potentially impact any established aboriginal or treaty rights. An assessment coordinator is in charge of notifying any aboriginal groups that they feel will be affected by an assessment, whether it is an infringement on aboriginal or treaty rights or anything they feel should be brought to the group’s attention. Aboriginal groups are invited to comment on the project or the project proposal, groups are prompted to make comments involving the assessment process, funds are made available for groups who wish to consult and or comment on the process, and finally the concerns of the aboriginal groups involved are carefully considered by the agency under which the assessment and or project falls.

Human Rights Museum controversy

The Canadian Human Rights Museum, which is under construction in Winnipeg, Manitoba, was officially established in 2008 but has been in the works since approximately 2003. The Museum is located on the Assiniboine River and Red River. In recent years there has been a large amount of controversy surrounding the location of the museum, the museum is being constructed on one of the richest sites in the province for aboriginal artifacts. This creates an issue: a human rights museum being constructed on a lot that potentially holds a piece of history for a group of indigenous peoples.

A former archaeologist in the province came out and accused the museum and those behind its construction of "mistreating First Nations heritage." The museum did fund an archaeological dig held on the area prior to construction beginning, although those who oppose the building claim it was not enough. One of the Archaeologists involved stated that "only two percent of the artifacts buried at the site were recovered because the museum wouldn’t foot the bill for a larger dig." The protesters argue that the reason for the apparent shortcuts when it comes to preserving heritage is that the government has one of the weakest systems when it comes to the regulation of heritage items. Even the two percent of artifacts recovered were not handled properly according to some sources, while the funding for the initial dig was sufficient the museum was also supposed to help allocate the discovered artifacts to the museum of Manitoba as well but "as soon as they found out there were costs they cancelled that", thus leaving the artifacts unsorted and left sitting in some basement of a government building and not in a museum serving educational purposes.

To counter this, museum officials stated that they had met with aboriginal elders to discuss this project long before construction began in the area; in order to determine whether or not there were any "concerns about the project." The museum then proceeded to fund the archaeological dig which lasted almost half a year, costing them approximately half a million dollars, the museum also claims to have invested in further analysis of artifacts including carbon dating. Museum officials say that they have monitored the progress of the construction and are documenting any find that are made, and while there have been some discoveries in other locations the ground has proved to be void of any artifacts and any artifacts found have been 'tagged and bagged' and are being placed in storage awaiting the access of archaeologists who may be interested in them. The building itself is being constructed in a way that it is not directly settled on the ground surface and is not compressing the earth underneath the structure, in a sense rendering no harm to any artifacts that may be housed there and yet to be found. The museum is continuing to work with officials to make sure that any artifacts or heritage items found at the site are handled appropriately. The museum also pointed out that it has met all of the provinces guidelines for heritage sites.