Management Consulting Template

9B16M171

DE BEERS CANADA: THE ATTAWAPISKAT CONTEXT1

Ron Mulholland wrote this case solely to provide material for class discussion. The author does not intend to illustrate either effective
or ineffective handling of a managerial situation. The author may have disguised certain names and other identifying information to
protect confidentiality.

This publication may not be transmitted, photocopied, digitized or otherwise reproduced in any form or by any means without the
permission of the copyright holder. Reproduction of this material is not covered under authorization by any reproduction rights
organization. To order copies or request permission to reproduce materials, contact Ivey Publishing, Ivey School, Western
University, London, Ontario, Canada, N6G 0N1; (t) 519.661.3208; (e) [email protected]; www.iveycases.com.

Copyright © 2016, Richard Ivey School of Foundation Version: 2016-10-21

The De Beers’ Victor Mine was a diamond mine located 90 kilometres west of the James Bay Cree
community of Attawapiskat. By May 2016, there had been a great deal of press coverage regarding the
relationship between the two groups. The Victor Mine was nearing the end of its production, and De Beers
was contemplating whether to operate the Tango Extension, a nearby deposit that could use the processing
facilities existing at Victor Mine.

De Beers had to consult the nearby First Nations communities, including Attawapiskat, to gain approval to
proceed with exploration and bulk sampling. Did the history of Attawapiskat First Nation (Attawapiskat)
affect the relationship with De Beers? Could past discussions with the community have been conducted
differently to reduce conflict? What lessons could be applied to the discussion surrounding the Tango
Extension and other future developments?

THE VICTOR MINE

The Victor Mine opened in 2008 following a lengthy period of exploration. It was Ontario’s first diamond
mine, and although the deposit would be completely exploited within 12 years, the diamonds were of above-
average value; therefore, De Beers decided to proceed with mining. Approximately CA$1 billion2 was spent
on developing the open-pit mine and processing and support facilities. The projected value of the diamonds
to be mined over the mine’s life was close to $3 billion.3

De Beers had signed agreements with four First Nations communities including Attawapiskat, which was
closest to the mine. A memorandum of understanding (MOU) in conjunction with an exploration agreement
was the first formal agreement with Attawapiskat; later, an impact benefit agreement (IBA) was signed. An
IBA typically conferred monetary and other benefits to the signatory community.

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ATTAWAPISKAT FIRST NATION

Attawapiskat was a community of Indigenous people, located on the west shore of James Bay at the mouth
of the Attawapiskat River. The community was 220 kilometres north of the small town of Moosonee and
500 kilometres north of Timmins, the nearest major centre. It was adjacent to Akimiski Island, the largest
island in James Bay, located halfway up the bay’s west coast. The population was approximately 3,500,
including 1,900 people who lived on the reserve.4 The community was governed by a chief and 12
councillors, elected every three years. The council supervised the community’s management and
infrastructure that included health, education, social assistance, and housing. Attawapiskat had been in the
press over several issues: disputes with Canada’s federal government,5 the Idle No More Protest,6 the
community’s relationship with De Beers and the Victor Mine road blockades,7 and a lamentable, high rate
of suicide among its youth.8

On the plus side, the IBA provided Attawapiskat with employment and business opportunities and a
payment of about $2 million per year.9 Of concern to Attawapiskat was the mine’s impact on the
environment and other community problems unrelated to the mine. The relationship between De Beers and
Attawapiskat had been an uneasy one, with costly winter road blockades in 200910 and 2013.11

PRE-HISTORY

Northern Ontario, including the area encompassing the Attawapiskat reserve, had been covered by the
Laurentide Ice Sheet, which retreated from its greatest extent just south of the Great Lakes between 9,000
and 6,000 years ago.12 A record of human occupancy in the area began approximately 4,000 years ago.
There was more evidence of the history of the Inuit because their historical sites were more easily
discovered and accessed on the barrens. Isostatic rebound13 of up to one metre per century was changing
the character of the coastline and islands.14 As a result, coastal records of northern First Nations people
were at varying distances inland, making discovery difficult.

It was unclear how First Nations people occupied and used the James Bay coast before European settlers
arrived. They did not have hunting technology (harpoons) or seaworthy boats for travelling on the seacoasts
as the Inuit did. It is possible that First Nations people did not settle in the area until the Hudson’s Bay
Company (HBC) established trading posts that became part of the way of life.15

HISTORY

In 1610, Henry Hudson became the first European of record to visit the bay, later named after him, and its
smaller bay to the south. His exploration was motivated by the search for a northwest passage to the Orient.
When it became evident this route was not the way to the Orient, interest waned. James Bay was not re-
visited for twenty years, at which time Thomas James and crew wintered there on Charlton Island, the
largest island in the southern part of the bay.16 There was again little further interest or exploration until
1670 when the HBC was founded.

In 1670, a cousin of King Charles II, Prince Rupert of the Rhine, organized financing of the “Company of
Adventurers,” which became the HBC. A competent soldier, commander, admiral, and patron of the arts,
Rupert was on good terms with the king, who granted to Rupert and the company propriety rights for trading
on and colonizing the land encompassed by the drainage basin of Hudson Bay. This was a massive swath of
property, covering almost 40 per cent of what is now Canada. To put it in perspective, this stretch of land was
twenty times larger in area than the United Kingdom, over which Charles II ruled.17

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With the HBC established, trading posts were set up along the coast. Ancestors of present day Attawapiskat
members would have participated in trade with the company. The trading post nearest to the future coastal
village of Attawapiskat was the Albany River post established in 1674. This post was 100 kilometres to the
southeast; it eventually became home to the Fort Albany and Kashechewan First Nations.18

Development of the north was part of Britain’s plan to establish dominance in the new colonies. The HBC
posts gave the British access to the interior and west of what became Canada, effectively leapfrogging the
French in the race to establish trade networks in the New World. The French, through the efforts of Samuel
Champlain, had established colonies on the St. rence River and trade with the Indigenous inhabitants
there as early as 1603.19

There were ongoing conflicts between the French and English and their respective Aboriginal allies. The
power struggle between England and France had been ongoing for 150 years, but the Seven Years’ War
(1756–1763) extended the conflict to all of the major European powers, involving, among other things,
domain over their colonial lands. The war settled in 1763 with the Treaty of Paris, which gave the British
control over France’s territory in North America.20

During this time, the British had created an “Indian Department” to organize co-operation with their
Aboriginal allies. The British also realized success in the nascent country would depend on positive
relations with the Aboriginal people and their continued support in military conflict. The Royal
Proclamation of 1763, issued by King George III to claim Britain’s territory in North American territory,
established guidelines for European settlement of Aboriginal land. The Proclamation identified “Indian
Nations” and set out regulations regarding land transfers. Specifically, the Proclamation declared that
Aboriginal land title would continue to be Aboriginal land until otherwise agreed by treaty. Further, only
the Crown could negotiate the treaties and buy Aboriginal land, then sell it, if desired, to settlers.21

Britain’s control over the American colonies, granted in the Treaty of Paris, was challenged by the colonists
themselves. Britain’s attempt to impose taxes and laws on the colonies caused a political upheaval that resulted
in the American Revolution and the American colonies’ independence from Britain. After the American
Revolution, the colonists who remained loyal to the Crown migrated north to settle in what remained British
territory. These 30,000 United Empire Loyalists added pressure for claims to new land.22

The War of 1812 was the last British–American conflict in North America. Aboriginal warriors fought with
the British and their colonists to defeat invading American forces. On the American side, support for
Aboriginal land rights in the form of an Indian Territory was a “profound disappointment.” In British territory
it was the end of “self-reliance and self-determination” for First Nations as the war motivated more settlers
and demand for yet more settlement land. As the settlers began to outnumber the Aboriginals, political
expediency shifted influence away from they who had lived on the land for hundreds of years.23

A treaty in 1836 established Manitoulin Island as a reserve for dispossessed Aboriginal people. Politically
motivated, the Lieutenant Governor Sir Francis Bond Head sought “new settlement lands” by convincing
the natives to give up their arable land in southern Ontario in favour of a move to Manitoulin Island.24 In
1850, the Robinson Treaties transferred more Aboriginal land to the Crown and established reserves on
Lake Superior and northern Lake Huron along with rights to continue traditional practices on their former
territories (subsequently Crown lands). This followed the discovery of minerals in the area. The Robinson
Treaties were a template for a following series of numbered treaties in Ontario and Canada’s West.25 In
1876, the Indian Act26 was introduced, purporting to provide care and protection over First Nations people.
In reality, the Act became a paternalistic tool for subjugation.27

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The Swampy Cree or West Main Cree people occupied the land on the west coast of James and Hudson Bays
up to what became the Ontario–Manitoba border and approximately 200 kilometres inland.28 The 2016
location of Attawapiskat was formerly a Cree summer camp for fishing and gathering. In 1894, a mission was
set up there by the Oblates of Mary Immaculate, a Roman Catholic congregation originating in France. The
Oblates believed that other creeds and cultures were heathen, and the Oblates’ role was to convert the
“heathens” to the beliefs and structures of the Roman Catholic order.29 In 1901, the HBC established a trading
post in the area.30 First Nations people began to travel to the mission or trading post to participate in religious
or social events, or to trade. A permanent church and residence followed in 1912.

Families lived in the wilderness along the Attawapiskat and Ekwan Rivers. As with other Aboriginal peoples in
northern Ontario, the traditional territory occupied at different seasons was wide-ranging. The Attawapiskat
ranged as far north as Cape Henrietta on Hudson Bay and east to the James Bay coast and Akimiski Island. Game
was plentiful on the island, and families co-operated to harvest caribou. To the south, the range extended to the
Kapiskau River, flowing from the southwest to enter James Bay approximately 30 kilometres south of
Attawapiskat. To the west, Attawapiskat ranged to Missisa Lake, which was 200 kilometres inland from James
Bay. The total area encompassed 30,000 square kilometres (see Exhibit 1).31

The Attawapiskat social structure was based on families, with the smallest unit consisting of typically two
families in which the men or women were related as siblings. Up to five families travelled together as a
microband with an informal leader whose status resulted from age or demonstrated wisdom. Members of a
microband joined with other microbands typically related by marriage—for example, a wife’s brother or a
sister’s husband—forming a group of up to fifteen families. This would be a macroband. Each macroband
had a territory that was defined by a river watershed. They would be conscious of adjacent macrobands
who had their own traditional territory. In spring, they would move to the coast to fish and hunt moulting
ducks and northbound geese. Summers would include fishing, some hunting, gathering of edible flora, and
berry picking. Fall would bring a return to the bush to hunt caribou and snare rabbits.32

TREATY NO. 9 (JAMES BAY TREATY)

In 1905, Canada was growing, its population was expanding west with support from the developing railway,
and mining properties were being explored. There was pressure from Jabez Williams, an HBC
superintendent, and Chief Louis Espagnol, a British supporter and HBC employee from a Spanish River
First Nation on Lake Huron, to negotiate land use with the First Nations. Each wanted a treaty for different
reasons: Williams, perhaps to support exploration of personal mining interests; Espagnol, to control the
activities of White trappers who were depleting beaver and other game populations.33

Negotiations began for Treaty No. 9 (Treaty 9), also known as the James Bay Treaty. Commissioners for
Canada were Duncan Scott and Samuel Stewart; Daniel MacMartin represented Ontario. The first order of
business was to come to an agreement between federal and provincial representatives, resolving the
lingering conflict over liability for increases in annuities paid to First Nations under the Robinson Treaties.
This was done on July 3, 1905.34

The Attawapiskat community was included in “the treaty band created at Fort Albany” with the signing in
August of 1905. According to Morrison, a historical researcher, “Once [First Nations people] began to
understand what the government intended the reserves to be used for, these more remote groups
[Attawapiskat, for example] began to press the government for separate band and reserve status.”35 What
they were getting from the government included money, help with medical and educational issues, and
protection from further incursions on their land. With the arrival of the railway and White trappers, the
more southern communities “had been restricted in their traditional ways already.”36

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In 1930, the Attawapiskat people, having made their case for a separate reserve, received a parcel of land
on the Ekwan River, under an adhesion37 to Treaty 9. This settlement, listed as Attawapiskat 91, was located
160 kilometres northwest of the current reserve identified as Attawapiskat 91A.38 There was little
negotiation, and it was not clear whether the terms of the treaty were well understood or properly conveyed
to the community.

There were many accounts of how the Elders interpreted the treaty and what they understood was to be
received in exchange for their agreement to the terms. Elders describe the treaty as an agreement to “share”
not “surrender” the land; rights to the land and of the people were not “abolished.”39 In the words of Hosea
Wynne, an elder from Kashechewan First Nation, “This is Indian land . . . [W]hen they came here they said
they found land. They didn’t find it. It wasn’t uninhabited. The people who owned the land were here.”40

Cultural anthropologist Cummins stated:

The signing of Treaty 9 was the final major Euro-Canadian incursion in the lives of the
Attawapiskat Cree. The coming of the Church affected them religiously and culturally, the fur
companies brought them into a new economic sphere, but the treaty signing would tie them forever
into the government. All subsequent changes would be legitimized by government dicta.41

AFTER THE TREATY

After the treaty was established, furs were harvested and traded, and people lived in their traditional manner,
visiting the post (at the river’s mouth) to trade and to live there for a portion of the year. However, change
was brewing. Gradually, from the 1930s to the 1960s, Attawapiskat became a permanent settlement as
people left their bush camps and moved to the reserve.42

At the same time, the Oblates were organizing a residential school in Fort Albany. Residential schools were
based on a late 1800s policy goal of teaching Aboriginal children farming and trades while ending “a
separate Aboriginal identity and government.”43 Attendance was compulsory and enforced by a government
agent under the authority of the Indian Act. The school at Fort Albany, St. Anne’s Residential School,
operated from 1936 to 1964. The government (Indian Affairs, the ministry at the time) knew the system
was failing to meet its goals and was expensive, and was considering closing the schools as early as the
1940s. However, the churches supported and maintained the schools, claiming the churches were
“committed to assimilation of Aboriginal people and the destruction of reserves.”44

The result for children who attended the school and others like it was devastating: they lost their language,
culture, and community, and for some, it resulted in death. Mortality rates in residential schools were up to
ten times higher than in the average population. The registered number of deaths was 3,201; however, based
on the hearings held by the Truth and Reconciliation Commission, Justice Murray Sinclair, the Commission
chair, estimated that because of missing and unreported deaths, the total was closer to 6,000 deaths among
the 150,000 students who came through the system.45 This would be equivalent to 12 deaths in a school of
400 children.

In 1947, the Ministry of Natural Resources issued formal regulations for trap lines in Ontario. Territories
and quotas were established that were different from the prior informal familial system managed by the
First Nations. This policy likely contributed to the decline of traditional family boundaries, conservation
practices, and traditional lifestyle.46

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In 1954, twenty-four years after signing the adhesion to the treaty, the Attawapiskat people were discontent
about the location of the reserve. It was 160 kilometres inland and away from the Attawapiskat trading post
located on the coast of James Bay, so it was inhabited by only those whose traditional hunting lands were
proximal.47 The chief and two councillors, with the support of 200 band members, wanted to live closer to the
trading post at the mouth of the river because fishing there was good, land was arable for cultivation, and there
were two churches, a school, hospital, and store. In its bureaucratic way, in consideration of the location
relative to the two churches and other minutiae, it took 10 years for the government to decide to establish a
reserve of 325 acres—200 times smaller than the Ekwan parcel of land. In 1964, the band was formally
established on what became its 2016 location, where members had been living unofficially for years.

The population of Attawapiskat in 1999 was 1,260, with 650 of those being of employment age (15–65
years). The economy was based on employment with government-supported services. Families still went
on the land to hunt, but this was only a part-time or periodic use of traditional activities to provide food.
Approximately 300 people were employed while another 350 were on social assistance. The major
employers in 1999 were the band and the province, employing two of every three workers. Specific
employment numbers included the Education Authority (104), Attawapiskat First Nation Government (41),
the hospital (40), the Northern Store (24), and Health Services (14). Twenty-one other businesses provided
the balance of employment in the community.48

Living conditions on the reserve were less than ideal. The cost of purchase for all goods was high because
of transportation expenses. Housing was in dire condition due to past flooding of homes and subsequent
mould problems for those who had homes. Many did not have homes, and instead shared overcrowded
space while others chose to live in tent structures that were uncomfortable in winter months. There was no
school for 14 years, from 2000 to 2014, because the property was contaminated by diesel fuel. Housing and
the school were underfunded by the government. There had been sewer and water problems for a number
of years. Tragically, for complex reasons, the suicide rate among young people was high.49

The revenue sources for the reserve included federal funding, their own sourced funding such as that from
economic development activities, and support from other levels of government.50 Managing the reserve
operations and finances was a complex balancing act that required experience, skill, patience, and tact as
there was never enough money to build houses for all who were in need, while also maintaining the
infrastructure and services already in place. There had been several different professional and local
managers of the operation.51 Clayton Kennedy, who managed the band finances from 2001–2004 and again
from 2010–2012, described the money problem as not a result of illegal behaviour but of “too many trips
to Timmins . . . too many workshops . . . too many staff . . . inexperienced workers . . . not capable of doing
the job.”52 This was indicative of capacity issues within the band, limiting its ability to manage its own
internal financial affairs.

With no economic engine to replace the traditional way of living by subsistence means—a system that had
worked for hundreds, if not thousands of years—unemployment rates were high in the community. Social
and health problems profiled in the press flowed from lack of employment, a high cost of living, and a
substandard infrastructure. At that time, the community would have welcomed any form of economic
development.

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DE BEERS

Into the above socio-economic environment entered De Beers, a sophisticated, international mining company.
It had been in operation since 1888 in over 20 different countries. In 2014, its revenues were US$7 billion.53

Exploration for pipes of kimberlite, known for potentially hosting diamonds, began in the James Bay
Lowlands in the 1960s. By 1987, Monopros Limited, a De Beers subsidiary, had found kimberlites at what
would become the Victor Mine.54 Advanced exploration was followed by a pre-feasibility study, a further
feasibility study, and more capital-intensive stages of exploration with the goal of proving to investors and the
company that the mine was an economically attractive asset. Ultimately valued at potentially CA$2.5 billion
in extractable diamonds that were also of good quality, De Beers decided to proceed with mining the site.55

Canada’s Constitution Act56 recognized and affirmed Aboriginal rights, which were subsequently
recognized and affirmed in Ontario’s Mining Act.57 Following these legislated requirements and De Beers’
own company policy, De Beers initiated communication with local stakeholders. This was the start of a
series of information gathering, consultation, action, and feedback activities all leading to a plan for the
mine that would satisfy stakeholders. Early in the process, in 1999, De Beers signed an MOU with
Attawapiskat that foresaw environmental stewardship, business, training, and employment opportunities.

Over six years, using different modes of communication and involving over 100 meetings with
Attawapiskat representatives, information was gathered and used to develop a comprehensive
environmental assessment. The 614-page report was completed in 2005 and submitted to the Canadian
Environmental Assessment Agency.58 Further meetings regarding an IBA resulted in an agreement signed
in 2006. The IBA, which had an 86 per cent approval among community members, provided a $1 million
signing bonus and at least $2 million per year over the life of the mine. It was expected that the mine would
close in 2018, after approximately 12 years of operation. The payments to Attawapiskat were deposited in
a community trust that would receive around $30 million by the end of the life of the Victor Mine. In
addition, contracts to Attawapiskat-related companies exceeded $325 million. De Beers also provided $2
million for training programs.59

All mining companies in Ontario paid a tax that was a percentage of profits. In the case of De Beers, the
tax would have been 5 per cent of profits because the mine was remote.60 Additionally, De Beers was
required to pay a royalty of 12 per cent of profits to Ontario. Because of the high initial cost of construction,
profits were not reported in the mine’s early days. In 2015, the Ontario government (in a breach of
confidentiality) reported that De Beers paid $226 in royalties for the financial year 2014.61

The community’s engagement with potential employment had been difficult because of capacity issues.
There were not enough people with the required skills to fill both roles in the community (e.g., management,
environmental assessment, and program evaluation) and at the mine. The community was also
compromised by long-standing flooding issues, housing problems, high unemployment, substance abuse
problems, and financial and management issues that preceded the arrival of De Beers.

This led to frustration in the community, and in February 2009, a number of Attawapiskat people set up a
blockade to prevent transport of materials over the ice road from the railhead at Moosonee to the De Beers
Victor site. The blockade was significant because the mine depended on use of the winter road to transport
heavy, bulky supplies into the site. Every day of a blockade reduced the amount transported, with critical
materials having to be brought in with air transport. DeBeers estimated this cost the company $3.5 million.62
In 2013, a group of frustrated individuals placed another winter road blockade, claiming that the community
was not receiving enough benefit from the mine.63

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Page 8 9B16M171

Exacerbating the complex situation and lack of resources, a significant number of those hired to work at
the mine moved to Timmins.64 Anecdotal evidence suggests that, …