Aboriginal Rights

Draft (Alberta) Land Use Plan Infringes Treaty 8

jessie — Tue, 12 Apr 2011 12:24:47 -0700

Draft (Alberta) Land Use Plan Infringes Treaty 8

Draft Land Use Plan Infringes Treaty 8

First Nations in Oil Sands Region say that the Lower Athabasca Regional Plan does not protect enough land and resources to sustain their traditional livelihood and creates legal risk for Alberta

April 8, 2011, Fort McMurray

On April 5, 2011, Alberta Government’s Department of Sustainable Resource Development, headed by Minister Mel Knight, released the draft Lower Athabasca Region Plan (LARP). The draft plan proposes a 16% increase to conservation areas in the oil sands region, which is significantly less than the recommendations from the Regional Advisory Council (RAC), who advised up to 32%, and considerably less than recommendations from First Nations.

The Athabasca Chipewyan First Nation, who has aboriginal and treaty Rights throughout the LARP area are left wondering how they will sustain their traditional livelihood and protect their cultural existence on what amounts to scattered, small parcels of land. According to Chief Allan Adam the LARP represents “… an economic assimilation of our people. How can we maintain our culture, protect our livelihood and continue practicing our treaty rights under these conditions. LARP is an infringement of our Rights and the government has a duty and obligation to ensure that we have the ability to practice and maintain those Rights now and into the future.”

Chief Adam explained that “Alberta is doing more of the same thing and expecting a different result. The provincial government consistently fails to meet even our basic needs when it comes to air, land and water within the region and fails to meaningfully engage First Nations in land management decisions in accordance with our aboriginal and treaty rights. Until Alberta makes meaningful efforts to protect land, regulate industry and ensure that First Nations are at the table as full partners to develop solutions to the serious environmental challenges that government and industry are creating, they can count on our opposition to further development within the region.”

The ACFN depends on the environment in order to sustain their protected treaty right to hunt, fish and trap. The government has a duty and obligation under Treaty 8 and the Constitution Act to ensure that the environment will be protected in ways that are sufficient to sustain First Nations use of the ecosystems. The goal of Chief Adam is to ensure that the members of the ACFN have the ability to practice their treaty rights. With the inadequate process that was used to develop LARP, it is clear that the ACFN’s voice was not heard. The ACFN submitted numerous documents to the RAC regarding the environment, sustainability and the importance of the practice of the rights and culture to ACFN’s wellbeing.

At a community meeting held with the GOA in Fort Chipewyan on January 18, 2011 the ACFN membership unanimously agreed that the consultation on the LARP process was unfair. Lionel Lepine, member of the ACFN is worried about his ability to maintain his way of life and the ability to continue practicing his treaty rights. According to Lionel, “…the LARP will be a cultural annihilation. As the land continues to be developed, where will I go to teach my children their cultural way of life?” Leslie Cardinal another ACFN member stated that “The government of Canada formally endorsed the United Nations Declaration on the Rights of Indigenous Peoples in a manner that is consistent with Canada’s Constitution and laws. The UN Declaration is clear that Indigenous people have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and other resources and to uphold their responsibilities to future generations. The LARP is not consistent with the international or Canadian laws.” According to Chief Adam, “It is obvious that the ACFN was not heard and that the government is not listening. One thing is clear, we will be reviewing the LARP and what it means to our continued use and practice of our rights and make a decision on how to proceed due to the infringements.”

ACFN will be completing a detailed review of the draft LARP over the next 60 days and will continue their attempts to have Alberta consult them in a meaningful way on land and resource use planning and decision-making in the oil sands region. Athabasca Chipewyan First Nation traditional lands and treaty rights extend throughout the Lower Athabasca oil sands region. The ACFN signed Treaty 8 in 1899 at Fort Chipewyan on Lake Athabasca. Today, the majority of members reside in Fort Chipewyan and Fort McMurray.

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For more information contact:

Athabasca Chipewyan First Nation
Chief Allan Adam, Athabasca Chipewyan First Nation

780-713-1220

Tar Sands: First Nations Reject Enbridge Pipeline Equity Offer - “Your Money is No Good To Us.”

jessie — Wed, 16 Feb 2011 09:49:36 -0800

Tar Sands: First Nations Reject Enbridge Pipeline Equity Offer - “Your Money is No Good To Us.”

For Immediate Release: Feb. 16, 2011

Tar Sands: First Nations Reject Enbridge Pipeline Equity Offer - “Your Money is No Good To Us.”

Nations reject company's latest tar sands pipeline financial package, citing the risk of oil spills, and taking company to task for lack of respect for their rights

Prince George/Lheidli (BC) – Last night at a public meeting in Prince George, the five First Nations of the Yinka Dene Alliance told Enbridge Northern Gateway Pipelines President John Carruthers that they categorically reject the company’s revenue-sharing offer.

Tuesday night's rejection responds to the more detailed financial and job offer Enbridge set out last week. The decision is especially significant because the five Nations’ traditional territories cover approximately one quarter of the proposed Northern Gateway Pipeline route.

“Our Nations will not be turned. We won’t trade the safety of our rivers, lands and fish that are our lifeblood,” said Chief Jackie Thomas of Saik’uz. “Enbridge knows it can’t guarantee there will be no oil spills into our rivers. Their promises and their money are no good to us.”

In recent weeks Enbridge officials have attempted to minimize the importance of First Nations’ opposition to their project, suggesting that these communities are in the minority. Earlier in February, at a public meeting in Terrace, BC, Enbridge officials refused to answer when asked directly whether the company would comply with the decision of First Nations to reject their pipeline project.

Chief Thomas told Enbridge’s president: “Enbridge’s recent statements suggest to us that you hope to ignore the will of our Nations. Our Nations are becoming more and more frustrated at the lack of respect that’s shown for our laws, authority and rights. Because you claim to respect our legal rights, but push ahead despite our clearly saying no, you’ve made it more and more difficult for us to accept their word. It’s simple – if Enbridge respects our protocols and our laws, then it must abide by our decision.”

“Over 80 First Nations in BC have stated that they are totally opposed to Enbridge’s proposed pipelines,” said Chief Larry Nooski of Nadleh Whut’en. “People shouldn’t be fooled by Enbridge’s claim that we are in the minority. Nations along more than half of Enbridge’s proposed pipeline and tanker route have made clear that their project is against our laws. It will hurt us and hurt First Nations who live near the nightmare of the tar sands. This project is not going to happen and we’ll use all the means we have under our laws to fight it.”

Enbridge has made numerous statements to national and regional media lately about its plans to have First Nations borrow money in order to purchase a small fraction of the pipeline.

“Enbridge is talking a lot about doing deals, saying Nations should be proud about taking their money,” says Chief Thomas. “We’ve seen it before. History is full of bad deals – often made when Indigenous Nations felt they had no other choice. We have a choice and we won’t sign away our future, and the safety of our waters and lands, to Enbridge. Taking cash to compromise our kids’ futures is nothing to be proud of.”

The Yinka Dene Alliance includes Nadleh Whut’en, Nak’azdli, Takla Lake, Saik’uz, and Wet’suwet’en First Nations, and is a leader in the Save the Fraser Declaration, uniting Nations in the Fraser River watershed from the headwaters to the coast in banning the transportation of oil sands crude through their territories.

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Contact:
Geraldine Thomas-Flurer, Coordinator, Yinka Dene Alliance, 250-570-1482
Chief Larry Nooski, Nadleh Whut’en, 250-690-7211

Chief Jackie Thomas, Saik’uz, 250-567-8048

10 Indigenous Stuggles that Canadian Climate and Environmental Activists should support

jessie — Thu, 04 Nov 2010 08:25:32 -0700

10 Indigenous Stuggles that Canadian Climate and Environmental Activists should support

Climate Justice Montreal put together a list of stuggles for Columbus day last month that showcases 10 indigenous struggles (among many others) related to oil and resource extraction in Canada.

Download their PDF here: http://climateactionmontreal.files.wordpress.com/2010/10/oct-12-tenindig...

Canada Opens Protected Lands to Mining Dehcho Take Legal Action

jessie — Mon, 01 Nov 2010 06:02:33 -0700

Canada Opens Protected Lands to Mining Dehcho Take Legal Action

November 1, 2010--The federal government has terminated the protection of the ecologically sensitive Edhezhie (Horn Plateau). Those lands, along with other sensitive lands in the Dehcho, had been protected from development since 2002 under an interim agreement between Canada, the Dehcho First Nations, and other partners. That agreement was a critical step in the negotiations towards resolving the Dehcho land claim.

Last year the Edehzhie Working Group, which was made up of the representatives to the Agreement, recommended establishing a National Wildlife Area to give permanent protection from mining and exploration.

However, on Friday, October 29, the DFN learned that Canada has refused to adopt the recommendation and has decided to terminate the interim protection of the subsurface, opening the sensitive area to mineral exploration and mining. The decision was made without consulations with the DFN.

Dehcho Grand Chief Gargan says: “Canada’s decision is illegal and threatens this important habitat for woodland caribou, leaving the whole area vulnerable to exploration and mining. We won’t allow any staking to occur. Anyone who tries to stake in Edhezhie may have his stakes removed, and will be seeing us in court. Our constitutional land rights have been abused long enough by the way Canada applies the Canada Mining Regulations.”

Dehcho leaders met Friday afternoon to review Canada’s position. Grand Chief Gargan says: “Canada is once again violating an agreement with our people and trying to open sensitive lands to industrial development. We’ll fight them every step of the way.”

Gargan says Dehcho leaders see this move as confrontational and an act of bad faith. Gargan says Canada’s action threatens to de-rail land claim and self-government negotiations which are progressing towards an Agreement-in-Principle. The DFN Leadership have decided unanimously to direct their legal counsel to begin a court challenge.

The DFN are a tribal council of nine Dene communities and two Metis communities.

Interview Regarding Enbridge Profile

jessie — Wed, 09 Jun 2010 10:04:55 -0700

Interview Regarding Enbridge Profile

Check out the recent interview with Polaris Institute Research Coordinator, Richard Girard, about our new corporate profile of Enbridge.

You can view the interview here: Nimonik - environmental regulations across canada

First Nations groups tell Enbridge they don't want pipeline on their land

jessie — Thu, 06 May 2010 05:29:55 -0700

First Nations groups tell Enbridge they don't want pipeline on their land

Lauren Krugel, The Canadian Press, May 6, 2010, CALGARY - Enbridge Inc. aims to file a regulatory application for its controversial Northern Gateway pipeline this month, chief executive Pat Daniel said Wednesday as opponents peppered him with questions at the company's annual meeting.

Leaders from the Wet'suwet'en and Carrier Sekani groups in northwestern British Columbia travelled to Calgary to voice their concerns about Northern Gateway, which could transport more than 500,000 barrels of crude per day between Alberta and the West Coast port of Kitimat, B.C.

John Ridsdale, with the Wet'suwet'en, stepped up to the microphone and asked Daniel how Northern Gateway can possibly proceed when those living along the proposed route have so vehemently said "no" to the $5.5-billion project.

"We want to work with you to try to turn that no to a yes," Daniel replied.

Bringing energy resources to market is vital to Canada's economy and maintaining our way of life, Daniel said, noting that many of the most ardent opponents of energy development have access to cheap and virtually unlimited energy.

"We walk in and expect to turn on the light switch or step on the gas pedal or turn up the thermostat and we expect everything to magically work," Daniel said.

"You can't do that and oppose every energy development project."

Ridsdale said allowing the pipeline in exchange for financial incentives - like some aboriginal groups have done in the North with the Mackenzie pipeline - is not an option.

"There is all negatives and no positives," he said in an interview. "One pipeline burst is all it takes. There's no amount of technology out there right now that can predict this will never happen."

"A very minute amount of oil can do a tremendous amount of ecological damage."

Terry Teegee with the neighbouring Carrier Sekani said his community weighed the benefits and drawbacks of supporting the pipeline.

"Our peoples, in separate ways, stated that the risk is too high for the limited benefits," he said.
Northern Gateway is targeted to start up in 2016, but risks being held back by legal challenges. The pipeline would cross key watersheds that are home to the salmon stocks on which the local communities rely.

Earlier Wednesday, Enbridge reported its net earnings in the first quarter fell 39 per cent to $342 million or 93 cents a share for the January-March period. That compared with a profit of $558 million or $1.54 a share last year, when the company booked gains from the sale of a Colombian pipeline.

Excluding one-time gains and losses, adjusted earnings rose to $318 million from $268 million.

Analysts were on average expecting earnings of 79 cents per share, according to estimates compiled by Thomson Reuters.

Enbridge last month started up another major pipeline, Alberta Clipper. Alberta Clipper stretches 1,600 kilometres from Alberta to Wisconsin, with a capacity of 450,000 barrels per day. It was originally supposed to start up in July, but Enbridge said in January it would come into service ahead of schedule.

Enbridge shares closed down 53 cents at $48.29 on the Toronto Stock Exchange on

A Community Based Video by Rebecca Garrett and the DEHCHO First Nations

jessie — Wed, 05 May 2010 11:49:11 -0700

A Community Based Video by Rebecca Garrett and the DEHCHO First Nations

If you are in Ottawa join the film screening and discussion about the film: "Fighting For Our Land"

When: Monday, May 17th
Time: 6-9pm
Where: at the PSAC Building 233 Gilmour Street (J.K. Wylie Boardroom)

Alberta First Nations To Deliver Message about Tar Sands Abuses at UN Forum on Indigenous Issues

jessie — Fri, 23 Apr 2010 11:08:23 -0700

Alberta First Nations To Deliver Message about Tar Sands Abuses at UN Forum on Indigenous Issues

April 23, New York City –George Poitras, former chief of the Mikisew Cree of Alberta, and Clayton Thomas-Muller of the Indigenous Environmental Network (IEN) will be attending the UN Permanent Forum on Indigenous Issues in New York City tomorrow to deliver a scathing message about Canada’s record on Aboriginal rights, citing the woeful example of First Nations rights in Alberta’s Tar Sands, where three First Nation legal cases are active.

The Forum, which brings together indigenous people together from around the world, includes a discussion on human rights and the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

“Canada remains one of only two UN members to vote in opposition of the Declaration on the Rights of Indigenous People and nowhere is this opposition clearer than in our daily lives in Alberta’s toxic Tar Sands, ” said George Poitras, who was born and raised in Fort Chipewyan, an impacted downstream community from the Tar Sands.

He added that the Government of Canada has publicly stated that the Declaration, which was recently signed on by Australia and New Zealand “…does not recognize Canada's need to balance indigenous rights to lands and resources with the rights of others.”

The two First Nation leaders are taking part in a panel discussion that includes film director James Cameron, who has arranged a private screening of Avatar for the Indigenous groups in attendance.

“We will be giving James Cameron detailed information about the on the ground realities of the Tar Sands,” said Clayton Thomas- Muller of IEN.

The UN Permanent Forum on Indigenous Issues is an advisory body to the Economic and Social Council, with a mandate to discuss indigenous issues related to economic and social development, culture, the environment, education, health and human rights.

Alberta First Nations Take Legal Stand on Oil Sands

jessie — Mon, 12 Apr 2010 06:07:23 -0700

Alberta First Nations Take Legal Stand on Oil Sands

April 9, 2010-- Peace River Alberta Two more Alberta First Nations are seeking the assistance of the Supreme Court of Canada in defending their Aboriginal and Treaty rights in the face of mounting oil sands development in Alberta. The Supreme Court of Canada has granted intervenor status to Duncan’s First Nation (DFN) and Horse Lake First Nation (HLFN), in a case that may have major legal implications for the development of oil sands, pipelines, oil sands infrastructure projects and other major projects.

DFN Chief Don Testawich stated, “Our traditional territory is being overrun and cut to pieces by oil sands, major pipelines, gas fields and major power projects. Companies such as Royal Dutch Shell, Trans Canada Pipelines and Bruce Power are proposing massive projects that will fuel unsustainable oil sands growth. Development on this scale will is making our Treaty Rights meaningless and threatens our traditional way of life”. Chief Testawich added, “The governments of Alberta and Canada sit back and refuse to address our concerns. We are intervening before the Supreme Court because it is abundantly clear that neither the environment nor First Nations can expect to receive a fair hearing within Alberta, where oil sands revenues are at stake. We need help now and help fast”.

This summer, the Supreme Court will hear conflicting arguments and views of First Nations, governments and industry in the Rio Tinto Alcan Inc. v. the Carrier Sekani Tribal Council case. The case will address the question of whether regulatory boards and tribunals, such as the National Energy Board (NEB) and Alberta’s Energy Conservation and Resources Board (ECRB), have a duty to decide whether the Crown adequately consulted and accommodated First Nations’ concerns before granting approvals for resource development, including concerns about past infringements of Aboriginal and Treaty rights.

The NEB and ERCB regulate, among other things, development of the oil sands, pipeline projects and other energy projects that support oil sands developments. The DFN and HLFN are intervening at the Supreme Court of Canada because of their concerns over the growing number of oil sands developments and major energy projects that will make oil sands expansion realizable. The DFN and HLFN want the Court to direct governments and regulators to fully and effectively address the consultation rights of First Nations in the regulatory processes for the major oil sands and tar sands infrastructure projects being proposed by Royal Dutch Shell, Trans Canada Pipelines, Enbridge, Bruce Nuclear Power and other corporations.

The First Nations have opted to take this matter to the courts because of their mounting frustration over the refusal by the governments and their regulators to act on earlier court decisions that direct governments to deal with their rights.
Chief Rick Horseman of the HLFN added, “To date, it’s been like watching a game of musical chairs where everyone is saying they are addressing our concerns, rights and interests but no one actually gets down to it and does it. We need a referee in Alberta that will deal with First Nations in a serious and impartial way and blow the whistle when our rights are being trampled”.

DFN and HLFN MEDIA CONTACTS
Mr. Jay Nelson: Woodward and Company (250) – 383 - 2356 Ms. Audrey Horseman: Horse Lake First Nation (780)518-5179 Mr. Matthew General: Duncan’s First Nation (780)597-3777

The Oil Sands: An Interconnected and International Project in Scope Impacting the Rights of First Nations

Protest of “Alberta Clipper” Pipeline planned

jessie — Wed, 31 Mar 2010 12:44:28 -0700

Protest of “Alberta Clipper” Pipeline planned

Indigenous Environmental Network, Press Release(Cass Lake, MN) , March 30, 2010-- A protest is being held on Thursday, April 1, 2010, (Fossil Fools Day) at the Migizi Bike Trail head in Cass Lake, MN starting at 11 am to 5 pm. Dennis Banks, American Indian Movement (AIM) Co-founder will be present. Food and Beverages will be provided.

This protest is being held to point out numerous problems with this proposed filling of the “Alberta Clipper” pipeline with dirty expensive oil from the Alberta Tar Sands. First, there are numerous open cases including: Leech Lake Tribal Court case that is being appealed, a Federal Court lawsuit, a State of Minnesota, Ninth Judicial (Beltrami County) Court Case using Condemnation (eminent domain), and Suncor Oil Company in Alberta is suing Enbridge in Canada. Second, this protest is to bring attention to the civil rights violations that are occurring as a result of the Leech Lake Tribal Court decision that undermines the Minnesota Chippewa Tribe’s Constitution.

The Minnesota Chippewa Tribe Constitution unequivocally states under Article XIV section 2 that the “Reservation Business Committee upon receipt of a petition signed by 20 percent of the resident voters of the Reservation …. Shall submit any enacted or proposed resolution or ordinance of the Reservation Business Committee to a referendum of the eligible voters of the Reservation.”

February 15, 2010, Leech Lake Tribal Judge, B.J. Jones, unilaterally amended the Minnesota Chippewa Tribal Constitution by creating a legal fiction in which he made the additional requirement of differentiating between a legislative resolution or ordinance and an administrative resolution or ordinance. Judge Jones dismissed the Plaintiff’s lawsuit by stating that the petitioners did not have a Minnesota Chippewa Tribe Constitutional right to subject the RBC administrative resolution to a referendum. Thus, there was no vote on the referendum.

“All the Leech Lake Tribal Members, who signed the petition for a referendum, have been deprived of their rights and due process protected by the United States Constitution and the Minnesota Chippewa Tribe Constitution.”, states Sandy Nichols, Leech Lake member and plaintiff.

The Civil Rights of the First Nation Members are also being violated by this pipeline and the Tar Sands and we stand in support with our brothers and sisters.

"The Wet'suwet'en people have been crystal clear since we have first heard about Enbridge's plans to come through our territories –“No Mean No", Enbridge discards this direct message as simple a concern to be noted in their assessment. Our Aboriginal Rights and Title are fundamental in the defense of our lands. Free Prior and Informed Consent is needed before anybody plans on stepping one foot on our lands. We stand by our allies of the Leech Lake Tribal Group,” says Toghestiy (Warner Naziel) of the Wet'suwet'en Nation.”