Dehcho First Nations seek solution to implement land use plan in advance of Mackenzie Pipeline
Frog Lake First Nation takes Alberta to court
Saskatchewan oil & gas show sold out & ready for great turnout
Tribunal decision recognizes ‘cultural impact’ of oil & gas development on Gift Lake Métis Settlement
Gift Lake Metis Settle-ment acknowledges the April 13 ruling of the Métis Settlements Appeal Tribunal, which partly recognizes the impact that oil and gas development has had on the people of Gift Lake. The review was prompted after Gift Lake and Devon Canada Corporation were unable to agree on the annual compensation for well sites, related access roads and the Sandy Bay Road.
This ruling represents a first step toward factoring “cultural impact” in the calculation of compensation values for the community. Gift Lake used an objective tool to assess the cultural loss experienced by the Settlement as a result of oil and gas development on its lands. Although the ruling heralds only a partial victory as it does not provide compensation for those losses, it is unique in its consideration – for the first time in Aboriginal claims history – of the legitimacy of cultural impact and of placing a value on what has been lost as a result of development on Aboriginal lands. This will serve to set a landmark precedent for future generations.
As part of its submission in 2005, Gift Lake asked the Tribunal to make determination on calculating compensatory value due to past and ongoing loss. While there will be no compensation provided regarding cultural losses incurred by the community, the decision states that:
“[The Land Access Panel (LAP) of the Tribunal finds the evidence establishes oil and gas activity in the Sandy Bay area continues to have some impact on the value of the land for preserving a traditional Métis way of life and continues to have a negative impact on the cultural environment.”] (Page 42, MSAT Order No. 176.)
Furthermore:
“[The Land Access Panel (LAP) accepts the EPI Report represents an important attempt to place monetary value on cultural losses, based on the perspective of the community… (and) made genuine efforts to create a workable and useful framework to assist in valuation of essentially intangible matters.”] (Page 64, MSAT Order No. 176)
“Oil and gas exploration and development has had a significant impact on our land, our people – and our long-term cultural preservation,” says Hector Lamouche, Chairperson of Gift Lake Métis Settlement. “We welcome the fact that the Tribunal has acknowledged incremental damages, however, we are disappointed they failed to appreciate the full impact of oil exploration and development on our land and our people and that no compensation in this regard was fully realized.”
Prior to November 1990, no protective legislation on the types and extent of exploration existed for Métis settlements. This has had lasting impact on Gift Lake, which the Tribunal acknowledged when it asserted that retroactive compensation must be addressed. Although the Tribunal’s ruling did not provide for full compensation, Gift Lake accepts the decision as a stepping stone towards the recognition of the impact that such development has on Aboriginal people, their land and their way of life. The ruling also shows an understanding on the part of the Tribunal that cultural impact cannot be assessed without consideration of the historical ramifications of development on Aboriginal peoples.
“The effects of oil and gas development are cumulative, incremental and often unseen until significant amounts of time have passed,” says Lamouche. “By recognizing this reality, the Tribunal is also acknowledging the special historical relationship that Aboriginal people have with their land.”
“It also makes clear that oil and gas exploration has had an impact on the ability of Gift Lake residents to sustain their traditional way of life.”
This ruling puts forth the position that the determination of compensation for access to Settlement land must acknowledge obvious inconveniences beyond noise, loss of land, adverse effect and damage to land. Compensation must acknowledge the cultural value of land and resources, and recognize they are integral elements for preserving the traditional Métis way of life.
An adjunct to the Tribunal’s decision involved the issue of Sandy Bay road ownership and control, the tribunal found that Sandy Bay Road “is a public roadway owned and controlled by Gift Lake Métis Settlement itself.” (Page 41, MSAT Order No. 176.)
“While this review and its findings will not add substantive resources to our community, it also represents a turning point in the history of Aboriginal cultural claims, and we hope will help to, in part, shape the course of future cultural loss claims for Aboriginal peoples in Canada. It is a small step toward ensuring that we are able to move forward into tomorrow without having lost sight of our traditions, our heritage and our past,” said Lamouche.
Gift Lake is currently examining its options including a possible appeal of the ruling to the Alberta Court of Appeal.
Gift Lake Métis Settlement is located 90 km northeast of High Prairie. It has a membership of over 1,300 people and contains 83,951 hectares of land.
Dehcho First Nations seek solution to implement land use plan in advance of Mackenzie Pipeline
The Dehcho First Nations together with WWF-Canada, Canadian Parks and Wilderness Society (CPAWS) Ducks Unlimited Canada (DUC) and the Canadian Boreal Initiative havecalled on the Government of Canada to implement the Dehcho Land Use Plan.
The Dehcho First Nations have linked the future of the proposed Mackenzie Valley Pipeline project to the Land Use Plan.
“Our position is that without the Land Use Plan, there won’t be a pipeline,” said Dehcho First Nations Grand Chief Herb Norwegian. “Implementing the Land Use Plan is the key to unlocking the development potential of our territory and securing a sustainable future for our children.”
Under an Interim Measures Agreement signed between Canada, the Northwest Territories and the Dehcho First Nations in 2001, approximately half of the Dehcho region – covering 20 million hectares of the Mackenzie watershed – was protected from development to enable land use planning and negotiations to proceed.
The Plan was developed over a four year period by an independent planning committee with members appointed by the governments of Canada, the Northwest Territories and the Dehcho First Nations. Negotiators for the Government of Canada have stated that the Plan places too much emphasis on conservation and will not be approved in its current form.
“Our people have poured our hearts into the development of this plan. The Plan reflects the wisdom of our Elders, the knowledge of hunters and the aspirations of our communities,” said Norwegian. “It is something that the Government of Canada should take pride in helping to advance.”
Conservation organizations noted the national significance of the Dehcho Land Use Plan and supported Dehcho First Nations call for governments to implement it.
“Canada’s Boreal forest is one of the world’s great ecosystems and spans a third of the country’s total land area,” said Larry Innes, CBI Acting Executive Director. “Pressure on this ecosystem—particularly in the Mackenzie--is growing at an exponential rate. The Dehcho Land Use Plan is a leading example of how Aboriginal peoples can provide leadership in making sustainable land use decisions. A decision by the Government of Canada to implement this land use plan would be a positive step towards achieving support a balanced approach to conservation and development in the Boreal.”
Frog Lake First Nation takes Alberta to court
Submitted by Cook Roberts, LLP
The Frog Lake First Nation is attacking a Devon Canada oil sands project application in the Alberta Court of Queen’s Bench in Edmonton. The court case challenges Alberta’s entire approach to consultation with First Nations on oil and gas projects.
The project in question, which is located within the Traditional Lands of the Frog Lake First Nation and only about four miles southeast of their Reserve, would involve the construction of up to 120 wells over a period of three years in the Cold Lake Oil Sands. Devon applied to the Alberta Energy Utilities Board for approval of the Project in December 2006.
The Frog Lake First Nation is a Treaty 6 First Nation. Many of its members still hunt, trap, fish, collect medicinal plants and berries, and carry out their spiritual practices on the land. “Given the extensive industrial development of our Traditional Lands, our members are finding it increasingly difficult to carry on our traditional pursuits and to pass down our culture to our children and grand-children,” states Frog Lake First Nation Chief Quinney.
Frog Lake’s Traditional Lands are subject to extensive oil and gas activity, grazing and farming, forestry activity and human settlement. “Our Nation’s land base is being eroded one project and approval at a time, and yet Alberta refuses to consult with us. We fear that in the not too distant future, we will completely lose our ability to exercise our rights on our Traditional Lands,” says Chief Quinney.
Alberta has a legal obligation to consult with the Frog Lake First Nation about the Aboriginal and Treaty 6 rights at stake before it approves the Project. The purpose of this consultation is to identify Frog Lake’s concerns and find ways to address them before the Project is approved. However, Alberta has thus far refused to consult with the Frog Lake First Nation.
In its court application, the Frog Lake First Nation is seeking to compel Alberta to engage in meaningful consultation before Devon’s Project is approved. The hearing is scheduled for June 27 and 28, 2007, in Edmonton.
For more information about this litigation, please contact Cook Roberts, LLP, the law firm bringing this litigation on behalf of the Frog Lake First Nation.
Saskatchewan oil & gas show sold out & ready for great turnout
Speaker Kevin Burns has been confirmed for the Saskatchewan Oil and Gas Show, which takes place Wednesday, June 6 and Thursday, June 7 at the Exhibition Grounds.
Burns, whose website describes him as the “world’s first instigational speaker,” will be the guest speaker for the luncheon on Thursday, June 7. Burns’ presentation intends to instigate the change to turn ordinary people into “extraordinary leaders in their own lives”.
Burns’ credentials include authoring several self-help books and CDs, and he once made a living as a professional sports team’s mascot. He believes the best way to lead others is by example and his presentation is targeted to get the audience laughing at themselves instead of each other.
On Wednesday, June 6, the Petroleum Services Association of Canada (PSAC) will be giving their oil activity forecast in the afternoon. Industry and Resources minister Eric Cline will also cut the ribbon to officially open the show on Wednesday and the Southeast Oilman of the Year award will be given out that evening.
Nomination forms for the Southeast Oilman of the Year are still available at the Saskatchewan Oil and Gas Show office.
A luncheon will be held on Wednesday, put on by the board of directors from Calgary, where the Saskatchewan Oilman of the Year award and hall of fame presentations will take place.
The Oil and Gas Show committee are busy getting the grounds ready for the upcoming event. They were able to expand the area to add six more booths which were instantly sold out. There are currently 70 booths on the waiting list and the committee is still looking to expand once the ground is dry.
Volunteers are still needed for the Saskatchewan Oil and Gas Show. Anyone interested can the Oil and Gas Show office.