Written Evidence Submission of Moosomin First Nation

Written Evidence Submission of Moosomin First Nation Intervenor The Intervenor, Moosomin First Nation (MFN), is a Treaty Six First Nation located approximately 40 kilometers north of North Battleford, Saskatchewan. The First Nation has approximately 1,343 members with 915 residing on reserve. Expertise Moosomin First Nation Officials, Chief Bradley Swiftwolfe and Mr. Gary LaPlante, present their views with an understanding of Treaties, both the written text and through the Oral tradition. They have taken the responsibility of navigating, for Moosomin First Nation, the Treaty agreement of Pimâcihowin ( Making a living ) from a historical to modern day context. Both have extensive experience in Inter-governmental Relations and Public Affairs, abiding by the precepts of Moosomin First Nation's Plains Cree Traditional Knowledge. Mr. Kim Lonsdale, MBA is a Management Consultant with extensive knowledge and experience with respect to sustainable management practices, including the evaluation of environmental, social and economic factors. From 2009-2013, Mr. Lonsdale was employed as the Director, Resource Sector Development with the Saskatchewan Ministry of the Economy. As one of Saskatchewan s senior economic development officials Mr. Lonsdale has extensive experience with commercial activities in the energy sector as well as regulatory and other matters. During his employ with the Province of Saskatchewan, Mr. Lonsdale was exposed to the public policy stream for the oil sector in Saskatchewan, and is familiar with a broad range of issues impacting the sector. This role also made him familiar with First Nations opportunities and challenges in relation to economic development and education. Mr. Carl Neggers, MBA is a Management consultant with extensive experience in the public and private sectors. Mr. Neggers served as the Director General of the federal government's Prairie Farm Rehabilitation Administration (PFRA) which involved dealing extensively with First Nation issues. Serving western Canada, PFRA is an internationally recognized agency, which addresses the sustainable resource development challenges faced by agriculture and rural Canadians. Prior to this he was the Assistant Deputy Minister, Saskatchewan Ministry of Highways. Areas of Interest The Need for the Project Potential impacts of the Project on Aboriginal interests 1

Need for the Project 1. Moosomin First Nation (MFN) stands in favor of the Enbridge Line 3 Pipeline Replacement Program project. 2. The oil industry provides direct and indirect benefits, including: a) Many of the basic things Canadians take for granted such as producing and transporting their food; b) Profitable companies that create value, employ thousands of people and pay taxes; c) The generation of personal and corporate income taxes and resource royalty revenues accrue to provinces with resource extraction; d) Supply chains extend to every province in Canada and many U.S. states benefitting companies and citizens in those jurisdictions; e) Out-of-province construction workers who work in Western Canada s oil industry pay income and sales taxes in their home provinces f) Provinces engaged in resource extraction tend to develop a higher than average level of fiscal capacity and the federal government equalization program ensures a portion of this revenue is redistributed to provinces with less than average fiscal capacity; and, g) Today there are 32,000 Aboriginal people working in energy, mining, and forestry jobs throughout Canada which means that natural resource development is a major source of employment for Aboriginal people. 3. The foregoing provides an indication that the oil-related natural resource development represents a substantial benefit for Canadians. 4. MFN believes that the Government of Canada s Environmental Assessment process for Enbridge Line 3 Replacement Program involves the application of science-based environmental regulations. 5. Having lived near oil and gas and mineral developments for the past 60 years, MFN is familiar with the kinds of industrial operations they entail, including pipeline operations, and MFN is convinced that this type of development can be done in an ecologically sustainable manner. 6. Enbridge Inc. has been operating pipelines in MFN s traditional territory for over half a century and over this time they have demonstrated their commitment to their core values, which include: integrity, safety, and respect. 7. We expect Enbridge to build a pipeline that does not put the environment at risk. If a spill occurs we expect Enbridge to do whatever is needed to correct the problem and repair the damage. 8. We expect the federal government will be vigilant in enforcing the regulations before and after the project is built. We expect them not to reduce the number of regulatory compliance personnel on staff or under-spend departmental budgets. 9. In the absence of science-based arguments that the pipeline itself would not be ecologically sustainable it seems unlikely that the National Energy Board would determine the project is not in the public interest. 2

10. It also seems unlikely that the National Energy Board would find that the pipeline is not in the public interest due to the Crown s failure to honor Treaty Six. 11. It is not MFN s desire to spend years in court arguing with the Crown over Treaty rights while its people remain mired in poverty. The desire is for its people to be able to participate in Canadian society as equals. With support from both government and industry, First Nations people can regain their resilience and achieve a better future for themselves. First Nations children need to dream about a better life and find it within themselves to pursue education and employment opportunities, but their efforts need to be met with opportunities for personal and professional development and greater access to jobs and business opportunities. 12. As for the concerns of Canadians in relation to the ecological impact of utilizing Canada s heavy crude or oilsands, many voices express concern about ecological impacts of resource extraction (supply), but few express concern about the ecological impacts of resource consumption (demand). For thousands of years First Nations people have taken the animals and plants they needed for their sustenance and spiritual needs, but only what they need, and no more. Canadians would be wise to reflect on this concept as they consider their personal carbon footprints, because it is the end use of petroleum that creates the most significant environmental impact. Potential impacts of the Project on Aboriginal interests 1. Any rational and objective person who reads The Indian Claim Commission s Inquiry into the 1909 Reserve Land Surrender Claim of the Moosomin First Nation 1 would come to the conclusion that that the Crown has not honored the promises that they made when Treaty Six was signed. 2. The treaties were based on the First Nations peoples principles: Miyowîcêhtowin ( Getting along with others ), Wîtaskêwin ( Living together on the land ) and Pimâcihowin ( Making a living ). Treaties were to provide both sides with the means of achieving survival and socio-economic stability, anchored on the principle of mutual benefit. Prior to treatymaking between First Nations peoples and the newcomers, the First Nations entered into agreements with other First Nations to share lands for trapping, hunting or gathering purposes. They were prepared to enter into a similar agreement with the British Crown that would allow for Wîtaskêwin ( living together on the land ). 2 3. The primary reason for internal treaties was to allow for equitable and fair access to resources. When the First Nations peoples entered into treaty with the British Crown they assumed that the same type of relations would follow. 1 Canada. Indian Claim Commission. (February 1997). Inquiry into the 1909 Reserve Land Surrender Claim of the Moosomin First Nation. Ottawa: Author. Retrieved http://publications.gc.ca/collections/collection_2009/indianclaims/rc31-74-1997e.pdf 2 Canada. Office of the Treaty Commissioner. Treaty Essential Learnings: We Are All Treaty People. 2008. Retrievedhttps://www.google.com/search?q=%27+Pimachowin%27+by+the+Office+of+the+Treaty+Commissioner. feren&cad=cbv&sei=js0lvsd2njcyogtftbmydw#q=first+nation+right+to+earn+a+living+otc 3

4. The objective of First Nation leaders who negotiated Treaty Six was to achieve a way for future generations to earn a living and to address concerns such as healthcare. These issues associated with economic and social sustainability were central to Treaty Six negotiations. 5. The arrival of the Europeans had brought new diseases to which First Nations people had no immunity, including measles, scarlet fever, typhoid, typhus, influenza, pertussis (whooping cough), tuberculosis, cholera, diphtheria, chickenpox, and sexually transmitted diseases. Entire tribes had been wiped out by these diseases and the Treaty Six Chiefs were deeply concerned about how they would deal with future disease outbreaks. 6. Beginning in about 1830 the Europeans had initiated the slaughter of the great herds of buffalo on which First Nations people relied for food, shelter, clothing, as well as their spiritual and cultural practices. By 1870 the fur trade had ended and the buffalo were gone and Treaty Six Chiefs were desperate to establish a means for their people to earn a living and feed themselves. 7. The Crown responded to these concerns by providing assurances that assistance would be available should disease outbreaks or famine occur and; that First Nations would be encouraged and supported in the practice of farming and to this end they were encouraged to select the lands that would make up their Reserves. 8. The Crown s objective in negotiating treaties was to contain nomadic Aboriginal people so that their land could be distributed to European settlers. The Crown was much better informed about the existence of other natural resources than their First Nations counterparts were. Captain John Palliser had lead the British North American Exploring Expedition, which explored and surveyed western Canada from 1857 to 1860. The expedition collected and filed astronomical, meteorological, geological and magnetic data, described the fauna and flora of the lands crossed, as well as considerations regarding settlement and transportation. 9. As early as 1857, Palliser reported finding coal in southeastern Saskatchewan, but it was 30 years before commercial mining commenced in Saskatchewan (after Treaty Six was signed). 3 10. First Nations leaders did not read or write English and relied on intermediaries who were dishonest and/or had conflicts of interest. The Treaty document that was subsequently signed did not accurately reflect the discussions that had occurred. First Nations negotiators believed the Treaty dealt with land only and there is no mention in the Treaties or other historic documents or accounts to suggest otherwise. 11. In 1997, The Indian Claim Commission s Inquiry into the 1909 Reserve Land Surrender Claim of the Moosomin First Nation provides extensive documentation that confirms that even those Crown promises that were clearly articulated in Treaty Six were subsequently not 3 MacKenzie, Janet. Western Development Museum. Saskatchewan s Long History of Coal Mining. May 6, 2003. Retrieved http://wdm.ca/skteacherguide/wdmresearch/saskatchewan's%20long%20history%20of%20coal%20mining%20 by%20janet%20mackenzie.pdf 4

honoured. 4 First Nations had been encouraged to select lands for their Reserves and were told that no one could take this land away, but that is exactly what occurred in 1909 and, the lands that replaced their initial Reserves was unfit for farming. 12. With no alternate means of earning a living, First Nations people were placed at a significant disadvantage. Although MFN received financial compensation in 1997 in relation to their land claim, the loss of resilience that resulted from the effects of 100 years of impoverishment and injustice will continue to negatively influence First Nations people for decades to come. 13. The principles and values of ancient Indigenous culture, which included kinship (human and spiritual), hard work, innovation, sharing, respect and relationships, amongst others, were broken down by colonization. First Nations children were sent away from their families to Residential Schools which served to break down their attachment to Aboriginal language and culture. Barriers and systemic racism that has existed from the turn of the twentieth century to the present has resulted in exclusion and under-representation of First Nations people in many occupations and in business. The Indian Act has been a barrier for many First Nations entrepreneurs seeking to start or expand their enterprises on reserve. 14. Although the traditional territories of First Nations are very large and encompass the majority of Canada s oil and gas producing areas, the First Nations that have benefitted most are those that are located near upstream oil operations. This is also true of other resource sectors. This has represented a challenge for Moosomin First Nation because they are not located close to areas that produce oil and gas, forestry or minerals and as such MFN s people have not benefitted from the associated employment and training, and; MFN and its associated businesses have not benefitted from supplier relationships. 15. The foregoing situation is due in part to the creation of provinces in Western Canada at the turn of the twentieth century, and; the Natural Resources Transfer Acts, 1930, which transferred ownership of un-surrendered natural resources to the provinces. 16. MFN s legitimate interests in natural resources should not be constrained to agriculture or to Saskatchewan but relate to all of the resources in its traditional territories. 17. The foregoing history is reflected in The Indian Claim Commission: Report on the 1909 Reserve Land Surrender Claim of the Moosomin First Nation that is submitted as part of this evidence submission. It took almost 100 years and legal action for the Government of Canada to listen to MFN s concerns and even now one of the central accomplishments of Treaty Six from a First Nations perspective, the basic right to earn a living, evades the grasp of First Nations people. 18. Today, First Nations people are grossly over-represented in Canada s social services, healthcare, and justice systems. Establishing social sustainability for MFN will require a 4 Canada. Indian Claim Commission. (February 1997). Inquiry into the 1909 Reserve Land Surrender Claim of the Moosomin First Nation. Ottawa: Author. Retrieved http://publications.gc.ca/collections/collection_2009/indianclaims/rc31-74-1997e.pdf 5

tremendous amount of effort and resources. The social sustainability for First Nations people will improve substantially through education and new economic opportunities. 19. The Government of Canada and the Government of Saskatchewan do not provide a level of support to First Nations that would enable the kind of transformative change needed to create economic and social sustainability. 20. It is not acceptable that the Crown s promises to First Nations go unfulfilled, when Canada, and more specifically, Saskatchewan and Alberta, represent highly competitive jurisdictions in which to develop natural resources. Companies involved in resource extraction in those provinces have access to world-class resources, comparatively low taxes and royalties, coupled with world-class infrastructure, low-cost utilities, and streamlined regulatory processes and an effective legal system. These factors have made these two provinces among the top resource development jurisdictions in the world. This has created an environment in which natural resource development can flourish and ensures that a long list of beneficiaries can prosper. Beneficiaries like the federal and provincial governments, who stand to generate billions of dollars from resource extraction, and; thousands of private sector energy and construction supply chain companies, and; more than a half million Canadian workers who are directly or indirectly employed by the energy sector that underlies the Enbridge Line 3 Replacement Program Project. 21. Irrespective of any future resource sharing agreement, the failure of the Government of Canada to honor Treaty Six has created a moral obligation for Canadian companies involved in resource extraction and their associated supply chains, to work toward the goals that First Nation people set out during the original negotiations. These issues are the same today as they were in 1880, in that MFN s leaders continue to be deeply concerned about the social and economic sustainability of their people. MFN also needs to work with both levels of government to ensure greater coordination of the benefits that do exist, but it also needs the support and collaboration of the private sector. 22. The Enbridge Line 3 Replacement Program represents a large project, but in the context of natural resource development it represents a fraction of the opportunity that could exist for First Nations people. Concentrating only on the opportunities associated with Enbridge Line 3 Replacement Program and relying only on benefits available through the good will of Enbridge Inc. is like singling out a tree in the forest. 23. Accordingly, MFN intends to pursue relationships not just with pipeline companies, but directly with oil and gas companies, mining companies, manufacturers, agrivalue companies, and so on. The expectation is not for a hand-out, but rather for a hand up. In other words a willingness to talk to them and remain open minded about contributing to MFN s efforts to experience an economic and social transformation. 24. This approach will bear benefits for industry as well. The Petroleum Human Resource Council projects that over 100,000 jobs are likely to become available in the oil sector over the next decade. Over this period it is also expected that 400,000 Aboriginal youth in Canada will be entering the labour force, creating an unprecedented opportunity for 6

Aboriginal employment while also addressing growing labour shortages in the resource sector. 25. In the short term it is hoped that the Enbridge Line 3 Replacement Program project represents an opportunity for MFN members and business entities to participate in the upstream oil supply chain employment and business opportunities. MFN also hopes to explore broader opportunities to partner with Enbridge on other types of projects. 26. MFN will also seek support for training and education to help our people to prepare for employment, and; funding to create a broad, coherent and realistic plan for the future. 27. To maximize the impact of MFN s involvement in resource development MFN will develop capacity by strengthening its organizational governance, transparency, and accountability. These are areas that MFN will explore with Enbridge and other resource development companies. 7