Wolf Lake First Nation Review of Canadian Environment Protection Act (CEPA) MÉMOIRE

Similar documents
Via DATE: February 3, 2014

Algonquin Nation Secretariat

plain talk First Nations Economic Growth and Employment Youth Income Assistance Toolkit Dollars and Sense

UNDRIP: Lands, Territories & Resources and the Indigenous Forests in Canada

A Turning Point In The Civilization

Defenders of the Land & Idle No More Networks

Contents. Table of Contents i

Written Submissions by Stswecem c Xgat tem First Nation. Submitted to the Expert Panel regarding the National Energy Board Modernization Review

DRAFT GUIDELINES FOR MINISTRIES ON CONSULTATION WITH ABORIGINAL PEOPLES RELATED TO ABORIGINAL RIGHTS AND TREATY RIGHTS

MAKING RECOMMENDATIONS WITH A DOMINO EFFECT

For further information into the expanded analysis developed from the initial table and the broader findings of the research, please refer to:

Algonquins of Ontario. Who Are We?

Energy Projects & First Nations in Canada:

S.O. 2015, CHAPTER 24

Review of the Navigation Protection Act and First Nations

FEBRUARY SPECIAL CHIEFS ASSEMBLY SHOWCASES OPPORTUNITY FOR NEW RELATIONSHIP p2

Legal Review of Canada s Interim Comprehensive Land Claims Policy

ASSEMBLY OF FIRST NATIONS 2015 Special Chiefs Assembly Gatineau, QC Final Resolutions

The Right to Redress and the Need for an Independent Specific Claims Process

BI-POLE 111 CLOSING COMMENTS TO THE CEC PEGUIS FIRST NATION

Chief of Ontario Presentation to the Ipperwash Inquiry Ontario Regional Chief Angus Toulouse Speaking Notes

LEGAL REVIEW OF FIRST NATIONS RIGHTS TO CARBON CREDITS

Canada: Implementation of the United Nations Declaration on the Rights of Indigenous Peoples

Pacific Indigenous Peoples Preparatory meeting for the World Conference on Indigenous Peoples March 2013, Sydney Australia

2018/ /21 SERVICE PLAN

DECEMBER 13, 2005 GREAT LAKES ST. LAWRENCE RIVER BASIN SUSTAINABLE WATER RESOURCES AGREEMENT

ASSEMBLY OF FIRST NATIONS 2018 SPECIAL CHIEFS ASSEMBLY ON FEDERAL LEGISLATION GATINEAU, QC MAY 1& 2, 2018 FINAL DRAFT RESOLUTIONS

Appendix B: Using Laws to Fight for Environmental Rights

THE GENESIS OF ABORIGINAL RIGHTS AND THE DUTY TO CONSULT

News Release. For Immediate Release: January 23, 2012

Re: Preliminary comments concerning the pre-inquiry consultation phase of a National Inquiry into Missing and Murdered Indigenous Women and Girls

Project & Environmental Review Aboriginal Consultation Information for Applicants. July 2015

Indigenous Relations. Business Plan Accountability Statement. Ministry Overview. Strategic Context

MLDRIN ECHUCA DECLARATION

I have the honour to address you in my capacity as Special Rapporteur on the right to food pursuant to Human Rights Council resolution 22/9.

Submission on the development of a Canadian Poverty Reduction Strategy

I have the honour to address you in my capacity as Special Rapporteur on the right to food pursuant to Human Rights Council resolution 22/9.

AGREEMENT To Establish a Joint Review Panel for the Grassy Mountain Coal Project Between

Unwinding Colonialism, Lessons from the Front Line

Métis Nation and Environmental Assessment. Métis Nation Special Sitting of the General Assembly March 19, 2017 Vancouver, BC

Supplemental Study Notes Protest, Rebellion and Civil Disobedience

As Represented by Chief and Council (the "Takla Lake First Nation") (Collectively the "Parties")

ONTARIO REGULATION 287/07 GENERAL

HISTORY OF QUEBEC AND CANADA

Recognizing Indigenous Peoples Rights in Canada

A Seminar on Constitutional Protection of the Environment in Burma

THAT WHICH GIVES US LIFE. The Syilx People have always governed our land according to principles that are entrenched in traditional knowledge.

You power positive change.

Collaborative Consent A NATION-TO-NATION PATH TO PARTNERSHIP WITH INDIGENOUS GOVERNMENTS PREPARED FOR THE MINISTER OF NATURAL RESOURCES BY:

Defending the Land and Protecting the Water North of the Medicine Line

ASEAN Agreement on the Conservation of Nature and Natural Resources

The Scope of Consultation and the Role of Administrative Tribunals in Upholding the Honour of the Crown: the Rio Tinto Alcan Decision 1

PROPOSED AGREEMENT-IN-PRINCIPLE

Matsqui First Nation Interim Agreement on Forest & Range Opportunities (the "Agreement") Between: The Matsqui First Nation

First Nations and Métis Program Update. Scott Berry Manager Corporate Relations and Communications First Nations and Métis Relations

Duty to Consult, Reconciliation and Economic Development Frameworks

PROJECT APPROVAL CERTIFICATE M02-01

Bill C-27: First Nations Financial Transparency Act

THE LAW OF CANADA IN RELATION TO UNDRIP

Chapter 12 Internationalism and Nationalism Chapter Issue

Atlantic Provinces. Deciduous forests. Smallest region-5% of Canada s land and 8% of its people.

150+ YEARS OF COLONIZATION = RACIAL DISCRMINATION SHADOW REPORT BY THE ALGONQUIN NATION SECRETARIAT

Written Evidence Submission of Moosomin First Nation

Popkum Indian Band Interim Agreement on Forest & Range Opportunities (the "Agreement'J) Between: The Popkum Indian Band

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT 57 OF 2003

Indigenous and Tribal Peoples Convention, 1989 (No. 169)

Module 1: The Formation of the Canadian Federal System Review

CONSULTATION AND NOTIFICATION REGULATION

How did the French and English colonize Canada?

WHAT WE HEARD SO FAR

CANADA. Our big neighbor to the north.

Position statement on indigenous peoples and mining

SUMMARY EQUIVALENCE ASSESSMENT BY POLICY PRINCIPLE AND KEY ELEMENTS

National Environmental Management: Protected Areas Act (Act No 57 of 2003

Algonquin Negotiation Representative Elections

What are Treaties? The PLEA Vol. 30 No.

Truth and Reconciliation

BRITISH COLUMBIA ASSEMBLY OF FIRST NATIONS

QuÉbec AMERINDIANS AND INUIT OF QUÉBEC INTERIM GUIDE FOR CONSULTING THE ABORIGINAL COMMUNITIES

2015 ANNUAL REPORT For. years,

TREATIES: CONTEMPORARY LAND CLAIMS

University of Arizona Indigenous Peoples Law and Policy Program. Universal Period Review: Belize. 10 November 2008

Scotiabank Convention Centre AGENDA

THE WOMEN ARE THE TITLE HOLDERS of the land of Turtle Island as recalled by Wampum 44 of the Kaianereh'ko:wa, constitution of the Rotinonhsonni:onwe

INDIGENOUS VALUES AND ECONOMICS. Angelique EagleWoman (Wambdi A. Was tewin) Dean and Professor of Law Bora Laskin Faculty of Law Lakehead University

Curriculum Map. Essential Questions (Questions for students that reflect the skills we want them to learn) Where are things located?

Katsi tsakwas Ellen Gabriel

1 Tsilhqot in Nation v. British Columbia, 2007

Making the Bali Declaration Binding

MICHIPICOTEN FIRST NATION MINUTES OF CHIEF AND COUNCIL REGULAR MEETING APRIL 23, :00 PM IN THE BAND HALL

THE SYSTEM OF PROVIDING INFORMATION ON SAFEGUARDS (SIS) SHOULD BE BASED ON RIGHTS-BASED INDICATORS TO ASSESS, AMONG OTHERS:

Chapter 1 Population & Settlement

Economic and Social Council

Chapter 6, Lesson 1 Physical Geography of Canada

INDIGENOUS PEOPLES' PLAN OF IMPLEMENTATION ON SUSTAINABLE DEVELOPMENT

Table of Contents. Executive Summary...1

Measures To Eradicate Poverty Using a Commons-Based Approach

Goal 6 Ensure availability and sustainable management of water and sanitation for all

HUU-AY-AHT FIRST NATIONS CONSTITUTION ACT

COOKBOOK ANNEX. Research Manual Vol. 3 Social Safeguards TAKUYA FURUKAWA, SEIJI IWANAGA, KIMIKO OKABE & MIKI TODA

Transcription:

Wolf Lake First Nation Review of Canadian Environment Protection Act (CEPA) MÉMOIRE (final version) presented to The Minister of Environment and Climate Change, Catherine McKenna by Chief Harry St Denis 01 December 2016

NOTE This document is the final version of the mémoire of the Algonquin Nation of Wolf Lake adopted by the Chief and Council the 1 st of December 2016.

TABLE OF CONTENTS NOTE... 2 1. INTRODUCTION... 4 2. COMMUNITY PORTRAIT... 5 3. GENERAL COMMENTS.6 4. SPECIFIC COMMENTS.7 5. CONCLUDING REMARKS...8 3

1. INTRODUCTION Dear Minister McKenna and fellow Commissioners, my name is Harry St Denis. I am the Chief of the Wolf Lake First Nation (WLFN) known in Algonquin as Mahingan Sagaigan. We are grateful for the opportunity to present this memoire on improving The Canadian Environmental Protection Act, 1999 (CEPA). Before starting, and for the record I would like to address some procedural concerns about the conduct of this consultation and the perfunctory timelines suggested to present our views today. Unfortunately, this process has been marred by short notice periods, insufficient funding and timing for Aboriginal communities like our own to prepare comments. I conclude our introduction with no disrespect to your committee, however, this Federal procedure to date is ineffectual for First Nation peoples participation, unduly limiting us through funding and arbitrary timing constraints that leave little sentiment for First Nation communities to prepare or participate. In order to safeguard this situation I request that this presentation is recorded as a consultation under protest and if the federal government ultimately introduces a bill to amend the CEPA 1999, that the bill is referred back to First Nation communities like our own to be consulted upon clause by clause with appropriate resources and review timeframes to account as meaningful consultation. 4

2. COMMUNITY PORTRAIT Wolf Lake First Nation (WLFN), is one of ten distinct First Nations that make up the Algonquin Nation. Nine are located in Quebec and one, in Ontario. WLFN is made up of 206 members, living off reserve mostly in the areas of Lake Kipawa Quebec and in the nearby communities of Temiscaming and North Bay, Ontario. Our members continue to occupy, manage, safeguard and intensively use our territory as we carry on our traditional and family activities of visiting relatives, hunting, fishing, trapping and gathering medicinal and edible plants. We also carry out contemporary sustainable economic activities in the form of green energy initiatives, forest conservation and ecotourism businesses throughout our territory. All such initiatives are based on a model of self-determination and a history of Algonquin traditional knowledge and land governance. Since time immemorial, the Algonquin or Anishnabeg people have occupied a territory whose heartland is the Ottawa River watershed. Over four hundred years ago, we greeted Champlain when he reached the Ottawa Valley. Our lives have never been the same since. Traditionally, our social, political and economic organization was based on watersheds, which served as transportation corridors and family land management units. Today, families in the centre of seven generations transferring the knowledge and experiences of three prior generations and planning for and protecting resources for three generations into the future. Regardless of the cumulative impacts of colonization, WLFN members regard themselves as keepers of the land, carrying the seven generations worth of responsibilities regarding livelihood security, cultural identity, territorial integrity and biodiversity protection. We have accumulated local, historic and current Aboriginal traditional knowledge, customary laws and wisdom that relate to the environmental management of the lands we occupy. On January 23, 2013, our First Nation along with Kebaowek First Nation (KFN) and Timiskaming First Nation (TFN) jointly released a Statement of Asserted Rights (SAR) which summarizes the Aboriginal rights, including title, which our three First Nations assert and provides detailed evidence to substantiate it. Copies of the SAR, maps and background documentation were transmitted to the governments of Canada, Quebec and Ontario in January 2013. I ve attached for your review a map of the Algonquin Nation along with a map of our joint SAR territory as well as current and potential environmental assessment projects we are faced with on our territory. In summary, our First Nations have not relinquished Aboriginal rights and title, over lands that straddle the Ottawa River basin on both sides of the Quebec- Ontario boundary. The importance of consultation processes and the responsibilities of the Crown are affirmed by existing case law. 1 1 Haida Nation v. British Columbia (Minister of Forests) http://scc.lexum.umontreal.ca/en/2004/2004scc73/2004scc73.html., 5

3. GENERAL COMMENTS In carrying out the review, we understand your committee is considering matters raised in the Federal Environment Minister s Discussion Paper: CEPA 1999- Issues and Possible Approaches. Given CEPA 1999 has been described as one of the government of Canada's primary tools for achieving sustainable development and pollution prevention. 2 and the backbone of Canadian environmental legislation 3 we would like to recommend the following approach in dealing with our community. We understand the Federal government promised a renewed Nation to Nation relationship with Canada s Indigenous communities. In May 2016, Indigenous Affairs Minister Carolyn Bennett announced at the UN that Canada was officially removing its objector status to the declaration yet the same government later in July guided Justice Minister Jody Wilson Raybould to contradict Canada s position at UN to the Assembly of First Nations. Here she explained to us that the prospect of actually implementing UNDRIP into law was a simplistic approach that was unworkable and a political distraction. This is the difference between a government seriously committed to repairing past wrongs and improving the lives of Indigenous peoples in this country and a government just pretending to do so. The UN Declaration includes a number of articles that recognize the need for a dominant state to respect and promote the rights of its Aboriginal peoples as affirmed in treaties and agreements, including how Aboriginals participate in decision-making processes that affect their traditional lands and livelihoods (UNDRIP, 2007). The concept of free, prior, and informed consent promoted by the United Nations is of paramount importance in terms of decisionmaking. For example, article 18 mentions that, Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedure, as well as to maintain and develop their own indigenous decision-making institutions. (p. 6) Moreover, article 32 (2) of the UN Declaration states: States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with 2 Government of Canada, CEPA 1999: Focus on Issues, http://www.ec.gc.ca/ceparegistry/gene_info/focus.cfm 3 Dr. Kapil Khatter (Director, Health and Environment, Pollution Watch), Evidence, 10 May 2006 6

the development, utilization or exploitation of mineral, water and other resources. (p. 9) In terms of seriously improving Canadian Environmental Protection Act practices and approaches within Canada and further linking these to international agreements, we would like to bring to your committee s attention a landmark verdict in 2015 where judges of Den Haag (The Hague) District Court ruled that the government of the Netherlands had a legal obligation to act in the best interests of current and future generations by lowering its CO2 emissions. For the first time, a court had established a duty of care towards future citizens in matters of climate policy. 4 Also a groundbreaking judgment in Seattle USA last fall ruled that the State of Washington had a constitutional obligation and public trust duty to preserve, protect, and enhance air quality for current and future generations. 5 The rise and success of these International environmental actions that support Anishnabe seven generation customary law have been exciting developments in the international legal landscape. Such litigation challenges short-term Canadian political thinking with legal action that focuses on the long-term consequences of poor policy and legislative decisions. 4. SPECIFIC CONCERNS AND ISSUES For over 7000 years the lands and waterways have provided the Algonquin people their livelihood -food, energy and materials, landscapes, spiritual grounds, economic trade and peace. The distinctive feature of our society over this period was that we did not mismanage our resources. We understood the environment supported our well-being. The past 300 years we have witnessed our environment suffer the negative impacts under an exploitive resource development and subsequently serious threat. Much of our traditional territory and livelihoods have been significantly degraded and many ecosystems have permanent or severe damage. We can no longer drink out of the Ottawa River. Agricultural farms using fertilizers and pulp and paper mill toxic compounds pose serious human, animal and fish health risks through long-term exposure and bioaccumulation along the food chain. All the while our people suffer disproportionate poverty. We would like to see polluters pay our community as environmental stewards on our own territories carrying out environmental monitoring and regulation. Today after many years of our community not being able to affect the impacts of non-algonquin management and suffering the consequences we 4 Megan Darby, Around the World in 5 Climate Change Lawsuits, Climate Home, September 7, 2015, http://www. climatechangenews.com/2015/07/08/around-the-world-in-5-climate-change-lawsuits/. 5 BREAKING: Judge Protects Right to Stable Climate in Groundbreaking Decision in Washington Case! press release, Our Children s Trust, November 19, 2015, http://www.ourchildrenstrust.org/event/717/breaking-judgeprotects-rightstable-climate-groundbreaking-decision-washington-case/. 7

are here and prepared to positively contribute to change in environmental air, land and water regulation and management on our territories. WLFN is developing new management models for our territory. We understand our traditional values are fundamental to formulating responses to climate change, environmental stewardship and current legislative planning. We do not believe the current environmental laws and regulations are working on our territories. We do not believe industries should be self-monitoring with the potential for releasing new stressors into the environment. CEPA needs to update its chemical management plan so that regulations are not based on individual chemicals but the combinations of these chemicals as their combinations become more difficult to predict in our environment. Also we insist on being involved in the regulation of new chemical products entering our territories and demand free, prior, infirmed consent on their entry. This specifically applies to the toxic soup of chemicals diluting tar sand bitumen that is proposed to run through our territory in the Energy East pipeline project. For several years, Wolf Lake First Nation (WLFN) has been evaluating longterm environmental restorative actions and economic alternatives to intensive resource extraction industries that would: -Return the quality and biodiversity of the territory as WLFN knew it before impact/contact; -provide alternative employment to our growing population (few young people can find employment in the essentially declining traditional commercial forestry industry); -create economic opportunities that are compatible with the cultural values and aspirations of our members. To date, we have been actively advocating our participation in climate change regulatory activities with the Province of Quebec under its own regulatory regime. However, they do not include us in this new marketplace. We are concerned these emission standards and protocols are being adopted and traded by governments without meaningful consultation with our peoples while we continue to bear the burden of effects of pollutants and climate change on our territory without any benefits. 5. CONCLUDING REMARKS As you are aware there is much to consider with regard to reworking this backbone of environmental legislation faced with today s environmental challenges of resource development and climate change. Our message is Canada must invest in and support highly skilled Indigenous peoples on our territories to integrate our laws and knowledge with the results of science into the next version of CEPA. We look forward to our meaningful participation and further consultation in CEPA s development. 8

9