Aboriginal groups say treaty rights are being violated by oilsands development
Northern Alberta and N.W.T. First Nations say their traditional lifestyles are threatened by oilsands development and they’re criticizing the provincial government for not adequately consulting them or respecting their treaty rights. Two First Nations are calling on the provincial government to put a moratorium on oilsands development until their concerns are addressed. The provincial government appointed the Multistakeholder Committee (MSC) to conduct provincewide oilsands consultations last year. As part of the consultation the government appointed the Aboriginal Consultation Interdepartment Committee (ACIC) to consult with the dozens of First Nations and Métis groups that are or will be directly affected by oilsands development in the Athabasca (near Fort McMurray) Peace River and Cold Lake regions. Both committees have released final reports. In the ACIC report First Nations expressed dissatisfaction with the provincial government’s oilsands consultation process the lack of any kind of compensation for the destruction of traditional lands inadequate land-reclamation standards concerns about air and water quality and the loss of traditional use of their land. First Nations are also calling for more employment and training and for more support to address social concerns. Both the Athabasca Chipewyan First Nation and the Mikisew Cree First Nation want to see a moratorium on oilsands development until their concerns are addressed. Jim Boucher chief of the Fort McKay First Nation says his community is “essentially ground zero” for oilsands development. Boucher was a member of the MSC. “One of the concerns we have is with respect to our treaty rights — how resource development affects our rights. There are certainly issues with respect to the traditional livelihoods of our people. Access is an issue with respect to our traditional territory” he says. Boucher says the government doesn’t consult with First Nations before awarding oilsands leases on their traditional land which violates aboriginal treaty rights. “I would say it’s a substantial amount of land we’ve lost” he says. As traditional land is developed there are few places for members to hunt trap fish collect berries roots or medicinal plants and so members find it harder to practice their traditional lifestyle he says. “There’s a lot of disruption and a lot of damage done to the environment” he says. Boucher also has concerns about the potential health effects on his members. “We have called for a health study to be done and it has to be independent and it has to be peer reviewed and be driven by the communities so we can determine whether there’s a link between development and health issues” he says. “There’s concern with the cancer rate in some of the communities and our question is what’s causing this? That needs to be determined in an uncompromised way.” Boucher says if the provincial government doesn’t change the way it deals with First Nations and oilsands development aboriginal groups may launch court challenges to protect their treaty rights. “I think people will do whatever they need to do to get their concerns addressed” he says. In the MSC’s final report the committee says the impact on First Nations and Metis “must be fully considered as their interests are directly affected by the decisions and policies of the Alberta government and the private interests that develop the resource.” The MSC recommended that the government ensure “adequate and legal” consultation with First Nations and Metis groups for all oilsands projects and that the consultation include discussions around compensation and the protection of cultural-use sites. The committee also recommended that First Nations and Metis be given input on where the government hands out oilsands leases and that the government address First Nations’ reduced access to traditional territories. “(First Nations) are saying we’ve been here for a long time and after the oilsands is developed we’re still going to be here so make sure we can go back to our former way of life” says Vance MacNichol chair of the MSC. Jason Chance spokesperson for Alberta Energy says the government will review all the recommendations and then “determine what steps to take.” Chance says there’s no “final timeline” on when the government will finish reviewing the two reports. The government has handed out oilsands leases for 60863 square kilometers of the province. Oilsands deposits cover 140200 square kilometers of Alberta an area twice the size of New Brunswick.
