Reconciliation, Ships and Protecting Haida Values in The Hill Times
September 29, 2021
By Russ Jones, Council of the Haida Nation Advisor and Robert Lewis-Manning, Chamber of Shipping President
Canada recently made a political commitment to a renewed nation-to-nation relationship with Indigenous peoples based on recognition of rights, respect, cooperation, and partnership. This has been reinforced in the passing of Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act. Despite diverse views regarding reconciliation and the complexity of charting a course that respects the uniqueness of Indigenous groups, there are practical examples of partnerships between First Nations and Canada that provide measurable impacts and a stepping stone for further positive action towards a shared model of governance. One such achievement is a collaborative effort called the Voluntary Protection Zone for Shipping between the Haida Nation and Transport Canada, in collaboration with the commercial marine industry.
Haida Gwaii is a remote archipelago located on Canada’s north Pacific Coast that is home to a rich abundance and diversity of marine life, lush rainforests, special marine and terrestrial protected areas such as Gwaii Haanas Haida Heritage Site and National Marine Conservation Area and the Haida people who have lived there for thousands of years. In June 2020, the Council of the Haida Nation, Transport Canada, and the shipping industry agreed to implement a 14-month trial Voluntary Shipping Protection Zone. This zone encompasses an area that extends 50 miles west of Haida Gwaii and aims to increase the reaction time to recover a disabled ship before it can cause irreparable damage to the unique coastal ecosystem of the archipelago. This followed earlier work by the Haida Nation and Transport Canada in 2018 to update the Pacific Places of Refuge Contingency Plan for Haida Gwaii waters. These initiatives were the result of a near miss shipping incident that raised awareness about the risk of shipping to Haida Gwaii. In 2014, the cargo ship SIMUSHIR lost power during a foul Pacific storm and came dangerously close to grounding on Haida Gwaii before it was recovered by the Canadian Coast Guard. The Haida Nation led a collaborative Lessons from the Simushir workshop in 2015 that identified these and other potential measures needed to improve marine safety in the Haida Gwaii archipelago. The Voluntary Shipping Protection Zone now requires ships to transit farther offshore when it is safe to do so, thereby increasing the reaction time to recover a vessel in distress and avoid a situation such as the SIMUSHIR.
The implementation of the recent Voluntary Shipping Protection Zone was not the product of a traditional regulatory process, but rather the consequence of a unique pilot program called Proactive Vessel Management. This initiative under the Oceans Protection Plan included pilot projects in the Pacific and Arctic regions intended to develop an innovative approach to addressing Indigenous and coastal communities’ concerns relating to commercial shipping. The project represents significant and unprecedented collaboration between the Council of the Haida Nation, the Government of Canada, and the maritime shipping industry, along with other advisors and partners, and supports commitments made by the Government of Canada and the Council of the Haida Nation to advance collaboration in the spirit of reconciliation. The initiative is co-led by the Council of the Haida Nation and Transport Canada, operating under the collaborative governance structure established in the 2018 Reconciliation Framework Agreement for Bioregional Oceans Management and Protection.
Since the Voluntary Shipping Protection Zone was established, there has been increasing compliance by ships transiting the coast. This level of progress in a relatively short period of time was no accident, but the product of a shared governance model, strong analytical resources, and the leadership and commitment of everyone involved in the project. A key experience that accelerated trustbuilding was the hosting of a two-day workshop by the Council of the Haida Nation on Haida Gwaii. For many industry representatives and federal regulators, this was a first visit to the region and a crash course in Haida history and cultural awareness. The governance partners and marine industry stakeholders developed a high level of trust through shared experiences, mutual awareness, and a willingness to listen and learn.
Other collaborative work underway through the Reconciliation Framework Agreement includes efforts to improve marine incident preparedness, response and recovery in the British Columbia North Coast including Haida Gwaii in partnership with the Canadian Coast Guard, Transport Canada, Environment and Climate Change Canada and the Province of British Columbia.. The Proactive Vessel Management initiative is unique in its broader partnerships involving the shipping industry. It has increased the level of coastal protection for the Haida Nation, and identified additional challenges to consider in the future. The Haida Nation has expressed interest in a more permanent measure such as an Area to Be Avoided under the International Maritime Organization similar to those in place for the Aleutians and Washington State (the Olympic Peninsula National Marine Sanctuary). The dialogue has prompted a conversation about a longerterm approach and how the Voluntary Shipping Protection Zone may become a common shipping practice and be incorporated into integrated marine planning on Canada’s North Pacific Coast. Perhaps more importantly, it has validated that shared values, mutual understanding, and respect can have a positive impact and be a catalyst for incremental and meaningful change.
