Duty to Consult Report
(Submitted by Eldon Okanee, Consultation Manager)
My work in the Duty to Consult office started when I was hired the first week of August 2007. Darryle Weekusk had a vision which was to establish a Duty to Consult office. The Chief & Council have been very supportive of the Consultation office and have been actively involved in Duty to Consult matters such as the Enbridge Pipeline (“Alberta Clipper”) that is running through our Traditional Territory.
The Duty to Consult is a Constitutionally protected Treaty right, in which First Nations people have to be consulted by the Crown and Industry for any proposed developments on their lands (Reserve Lands including TLE) including Traditional Territory. If First Nation Treaty and Aboriginal rights have been infringed or impacted upon, then there is accomodation that can include remedies such as compensation, employment and training, business opportunities etc.
The Traditional Territory of Thunderchild was mapped out by our elders at a meeting on July 24, 2007. A “Consultation Policy” was developed and passed by the Chief and Council on July, 2007.
These documents were then submitted to the Province of Saskatchewan and also to Industry (mainly Oil & Gas Companies).
The legal duty to consult has been established by numerous Supreme Court case rulings such as : Mikisew, Haida, Dene Tha, to name a few.
Policies that affect how the Government of Saskatchewan view the Duty to Consult are laid out in the “First Nations and Metis Relations Consultation Guidelines”. Treaty First Nations disagree with how the Provincial and Federal Crown interpret the Supreme Court rulings. The Provincial Crown in their Consultation Guidelines do not go far enough in addressing the duty to consult and accommodate. It’s disappointing to know that the Provincial Crown will only address the legal minimum for consultation. In their guidelines, it’s stated that they will be the ones to decide when consultation is necessary and to what extent.
Treaty First Nations have become increasing frustrated with the lack of meaningful consultation by Government and absence of accommodation by Industry. This frustration has been evident through blockades that were conducted against Enbridge Pipelines (Alberta Clipper project) by Treaty 6 First Nations at Kerrobert and by Treaty 4 First Nations on Highway #1. These blockades occurred back in early October 2008.
Chief Awasis is one of the lead negotiators for the Treaty 6 Chiefs in their on going negotiations with Enbridge. Several meetings have been held and more are planned with a deadline set for an agreement by the middle of March, 2009. The part of the Enbridge Pipeline that runs through our Traditional Territory, is scheduled for completion in less than 7 months. The Treaty 6 Chiefs are very mindful of the short time that is left and have fast tracked talks with Enbridge.
In our situation, Thunderchild had talks with Enbridge Pipeline in September and October, 2008. These talks failed, as a result Thunderchild sought relief from the National Energy Board. The National Energy Board is the Federal Agency that issues licenses or permits for pipelines, that cross Provincial boundaries. The National Energy Board heard Thunderchild’s concerns about 1.The lack of meaningful consultation 2.Potential disturbance to sacred historical sites 4.Disturbance to traditional medicines 5.The impact on the environment.
The National Energy Board ruled in favour of Enbridge and refused to grant a stay (injunction) of the pipeline. In the opinion of the NEB, Enbridge met the conditions of their license. Thunderchild is now planning to take court action against the National Energy Board and the Provincial Crown. Thunderchild was the only First Nation who voiced its concerns to the National Energy Board about the historical and sacred sites being disturbed at Sounding Lake. Thunderchild also disagreed with Enbridge limiting its consultation to only those First Nations who were within a 80 kilometre corridor of the Enbridge Pipeline right of way. The Province of Saskatchewan does not recognize the legal duty to consult on private land, and Enbridge used this situation to limit their consultations and took a hard line approach in their talks with Thunderchild First Nation.
Thunderchild views Enbridge’s actions, the Provincial Crown’s failure to recognize the duty to consult on private land, and the ruling of the NEB, as infringements to our Treaty and Aboriginal Rights. Jeffery Rath of the Law Firm Rath and Company, will be representing Thunderchild on this matter.
More development is planned in the near future on our Traditional Territory. The Bruce Power Co. plans to build a nuclear power plant in an area between Lloydminster and Prince Albert using the North Saskatchewan River as a water source. Other projects that are planned include the High Gate Dam west of the Battlefords, and another pipeline by Trans Canada Pipeline called the Keystone Project.
The Chief and Council and the Duty to Consult office will protect our Aboriginal and Treaty Rights and will call for meaningful consultation on these proposed projects.
The Duty to Consult office presently has capacity issues as the work to be done is great. Funding has been limited with the Province of Saskatchewan (First Nations and Metis Relations) providing a grant of $50,000 with no funding from the Federal Government. Funding for the legal actions to be taken will be partly funded by the FSIN Treaty Protection Fund.
The Duty to Consult office is staffed by Eldon Okanee and falls under the Lands and Resources Department and Thunder Employment and Field Services.
Phone: 1 (306) 845-4300Fax: 1 (306) 845-3230Toll-free: 1 (866) 395-8888