Resource Book: The Oil Sands, Environment and Indigenous Rights

• The champions of the ‘Oil Sands’ reside on one side of the world’s most controversial industrial developments and the critics of the ‘Tar Sands’ on the other. One side wants even faster development while the other side wants to shut it down.

• Yet, Indigenous communities remain excluded from meaningful input in the debate by champions and critics alike, although they have enormous knowledge and guidance to offer.

• These communities realize that all life forms are related and connected. They recognize that we all live downstream, and upstream, on this one giant and interconnected river.

• From this knowledge about connectedness comes the title of our film: One River, Many Relations.

All references are available on the film website www.oneriverthefilm.ca

• The Alberta Oil Sands contain 168 billion barrels of crude oil, and represent the world’s third largest oil reserve.A • The largest reservoir of bitumen (crude oil) is the Athabasca, which is the only oil sands deposit in the world that is suitable for large-scale surface mining. These deposits and associated infrastructure are concentrated along the Athabasca River.

• Billions of dollars are spent on oil sands development each year, this amounting to $17.2 billion of investment in 2010.B Some of the key multinationals include Suncor (Canada), Shell (England-Netherlands), Total (France), BP (England), ExxonMobil (US), Statoil (Norway), and SinoPec (China).

• Billions of dollars of profit are also made every year. In 2011/2012, the Alberta government alone collected $4.5 billion in royalties from this industry.C • The Oil Sands have become a major driver of the economic engine in Canada. In 2010, it represented 1.8% of Canada’s Gross Domestic Product (GDP).D • Productivity and the expanse of this industry have also grown exponentially. Opening in 1967, the Oil Sands then produced 30,000 barrels per day.E In 1995, this had grown to 482,000 barrels of oil per day, this increasing to 1.1 million barrels by 2004.F By 2020, this number will likely double again.G

• The Peace-Athabasca Delta (PAD) covers 5,168 km2 at the end of Lake Athabasca and is used extensively by the Cree, Dene, and Métis.H • This is an internationally recognised high conservation value area, as demonstrated by both Ramsar Wetland and World Heritage Site designations.

• The PAD is the location of the Wood Buffalo National Park. Home to the world’s largest free ranging bison herd, the PAD is used by over 400,000 migrating waterfowl each spring and fall.

• The PAD has been the focus of much research in understanding the hydrological impacts of upstream hydro development.

• The great majority of this work has been techno-scientific in approach with little utility for, or involvement by, nearby Indigenous communities.

• The rapid growth of the Oil Sands has untold impacts on downstream communities and environments.

• Intensive use of water contributes to the drying of wetlands and inland lakes. This in turn affects the migrations of waterfowl through the delta and rivers.

• Drying conditions affect the rights of local Indigenous Peoples to access their traditional territories for harvesting and cultural activities.

• Environmental impacts include the contamination of water and wildlife by heavy metals and chemical complexes called polycyclic aromatic hydrocarbons (PAHs).

• Pollutants are deposited through rain and snowfall.

Many bioaccumulate and can have adverse effects on the health of wildlife and humans.

• Downstream communities are witnessing and greatly concerned about rising rates of cancer.

• Activists around the globe see the Oil Sands as one of the Earth’s greatest blights.

“

As a kid, you pulled out a whitefish it was a white fish, now you pull it out, it’s red and full of sores…maybe we have to change the name to spotted fish.

”

- Ronnie Campbell, Mikisew Cree First Nation

• The Oil Sands have become one of the world’s most controversial developments.

• The Oil Sands pollute through air and water and release enough toxins to affect downstream environments and wild caught foods.

• The Oil Sands have become the largest construction project in the world. And profitable enough that millions of people and businesses depend on this industry for their livelihoods.

• Everyone is forced to choose sides. Either you are a proponent or supporter of the ‘Oil Sands’ or you are a critic who wants to shut the ‘Tar Sands’ down. Rallies and demonstrations occur around the world. Celebrities and billion dollar blockbuster movies add even more fuel to a controversy that shows no sign of abating.

• One important voice has been and is still excluded from the ongoing debate: that of the downstream Indigenous communities.

“

People are starting to realize that they can no longer ignore those voices that have been silent - no silenced - for so long. Because we haven’t been silent, we have been silenced.

And we are silenced no more!

”

- Eriel Deranger, Athabasca Chipewyan First Nation

• Indigenous Peoples have derived their wellbeing from the land and water for millennia. They have rich and longstanding knowledge of the environment and how it is being changed by upstream development.

• These Peoples have been oppressed by centuries of colonialism, including the creation of reserves and residential schools. But they also have rights enshrined in treaties and the constitution of Canada.

• Debate and controversy surrounding the Oil Sands are occurring around the world. Yet, very few of those voices are Indigenous. These Peoples will no longer be silenced. This film is their story.

• The treaty rights of the First Nations are protected under Canadian law. Under treaty law, First Nations have a right to hunt, fish, trap, collect medicines and conduct other such activities, on their traditional territories.

• The Métis, people of Indigenous and European heritage, also, have legal rights under the Canadian Constitution Act. • These rights can also be used to help protect the environment.

• Using these rights, Indigenous people can act as a gatekeepers, helping advocate for the rights of the general public with regard to northern development.

• The Indgenous voices in this film are diverse in nature.

A radical middle ground, between the extreme for and against positions usually expressed, emerged in our interviews. This middle ground has been neglected both by champions and critics of the Oil Sands.

• Shooting this film was an emotional experience for us.

We laughed and cried with the people we interviewed.

We hope this introduction to the experiences of these community members gives you some insight into their lives and choices. We hope you will recognize how important these voices are and that you will help support their struggle to make the Oil Sands more sustainable and accountable.

• One River, Many Relations reflects a close collaboration between the Mikisew Cree First Nation and Athabasca Chipewyan First Nation from Fort Chipewyan on one hand, and filmmakers and researchers from University of Manitoba on the other hand.

• The filmmakers were invited into the community and the two year project was built on this partnership and many emerging friendships. Multiple drafts of the film were shown to the community over this time period and all feedback was incorporated.

• In the film, the benefits and the harms associated with the Oil Sands are presented by community members and leaders. Adverse impacts are seen as aggravated by the W.A.C. Bennett hydroelectric dam in British Columbia.

• The impacts of both the Oil Sands development and the W.A.C Bennett dam are contextualized by the traditional Cree and Dene cultures and their history of colonialism and oppression.

• This film is about strength of these Indigenous communities. Despite centuries of colonization, the cultures are caring, vibrant and resilient.

• The film is also about hope. Hope that is provided by thousands of well paying jobs with industry. Hope that comes from innovative industry employment programs that allow people to live traditionally while also working in the Oil Sands.

• Most of the Indigenous voices heard in this film do not want to shut down the Oil Sands. Rather, they want them to become sustainable and accoutable to the downstream communities and to the public, as a whole.

• The researchers and filmmakers at the Environmental Conservation Lab at the University of Manitoba have been engaged in collaborative research on the impacts of oil and gas extraction and also agriculture for other First Nations in Alberta and Saskatchewan.

• We were asked by both the Government Industry Relations office (MCFN) and Industry Relations Corporation (ACFN) to partner on a similar project in 2010.

• This project would be under community control and would explore the implications of environmental contaminants for the environment, wildlife, and human wellbeing.

• As part of the larger project, wildlife was harvested by community members and then evaluated by veterinarians and, along with water and soils, tested for environmental contaminants. Consumption levels of wild caught country foods by community members were documented and changes in human health explored using body mapping.

• Through this research, it became eminently clear how much people know about development associated changes. How powerful these stories were. And what a valuable contribution these insights and experiences can make to the dialogue surrounding the Oil Sands.

• The film features the stories and experiences of the Mikisew Cree First Nation (MCFN) and the Athabasca Chipewyan First Nation (ACFN), both parties to Treaty 8.

The Métis (Local 125) also have traditional territories in the region.

• The three communities are based in Fort Chipewyan, 225 km north of Fort McMurray in northeastern Alberta.

• The MCFN reserves cover 5,111 ha. As of 2011, their total population was 2,615 of which 1,846 lived off reserve. Their native language is Algonquian Cree.

• The ACFN reserves cover 34,750 ha. The total population of the ACFN is 1,064 people, of which 824 lived off-reserve in 2012. The native languages of this Dene community are Chipewyan and Cree.

Athabasca Chipewyan First Nation -

Industry Relations Corporation (ACFN-IRC) • The Industry Relations Corporation (IRC) is mandated to support the sustainability of the Nation and to ensure that Athabasca Chipewyan First Nation’s Treaty Rights, traditional lands, resources and interests are protected.

• It was formed in 2001, and has offices both in Fort McMurray and Fort Chipewyan.

• The IRC also works with industry and government to determine consultation requirements, including assessment of the impacts of development on ACFN traditional lands, uses, rights and well-being.

• In so doing it acts as a liaison between companies, other resource developers and operators, government agencies and the community, in order to evaluate the potential environmental and cultural impacts of industrial development.

• Where applicable, the IRC represents the ACFN on regional committees, forums, conferences, regulatory hearings, task forces and working groups.

• It facilitates the collection of Traditional Environmental Knowledge and conducts Traditional Land Use studies and this information is communicated with ACFN Leadership, Elders and membership to identify key concerns and an appropriate consultation process.

Mikisew Cree First Nation -

Government and Industry Relations (MCFN-GIR) • The Government and Industry Relations (GIR) is the arm of the Mikisew Cree First Nation that acts as a liaison among the MCFN and its citizens, resource developers, government, and other stakeholders.

• Established in 2001, it is based in Fort McMurray and also has offices in Fort Chipewyan.

• The GIR serves as a vehicle to bring forward the values and concerns of the Mikisew Cree as an equal and unique participant in regional development.

• This process ensures the Mikisew Cree are able to participate in a meaningful and effective manner in any decisions regarding development in its traditional territory.

“

I am happy where I am in my life today, because of industry. It did me good and I’m sure I did them good too.

- Gabe Arnold, Mikisew Cree First Nation

”

• The Oil Sands currently account for 75,000 jobs across Canada; this number is expected to grow to 905,000 in the next 25 years.I • New Oil Sands development is expected to contribute over $2.1 trillion (2010 dollars) to the Canadian economy over the next 25 years, about $84 billion per year.J • For every direct job created in the Oil Sands, one indirect and one induced job will be created in the rest of Canada.K • As of 2011, 21,115 people were directly employed in Oil Sands operations in Fort McMurray.L • There were more than 1,700 Aboriginal employees in permanent operations jobs in the Oil Sands in 2010.M • Oil Sands companies contracted more than $1.3 billion of goods and services from Aboriginal-owned businesses in 2010.N • These same companies provided $5.5 million to support Aboriginal community programs.0

“

…so many friends of mine that have been gone now. From cancer. A lot of them blame it because of the pollution.

- Janet Dascovitch, Athabasca Chipewyan First Nation

”

• Many of the adverse impacts are environmental in nature, and while possible health impacts are of great concern to many, they have yet to be adequately documented by Western Science.

• By 2012, related mining had disturbed 713 km2 of the boreal forest and muskeg and, by 2008, there were over 130 km2 of tailing ponds.p • In 1970, a Suncor pipeline break spilled three million litres of oil that then flowed to Lake Athabasca.J In 1982, a large spill from Suncor closed down commercial fishing on Lake Athabasca and caused illness in nearby Fort McKay.Q • Levels of polycyclic aromatic hydrocarbons (PAHs) in sediment of the Athabasca River are 2X those observed to induce liver cancers in fishes.R • Studies on snow transport show that the Oil Sands increase loadings of toxic priority pollutants to the Athabasca River through water and air.S • The processing of bitumen in the Oil Sands uses extensive quanitities of water. This aggravates existing reductions in water flow and flood frequency associated with the W.A.C. Bennett hydro dam in British Columbia.T

• Although 71km2 of disturbed lands are in the process of being reclaimed, only 104 ha (0.15%) have been certified as successful by the Alberta government.U • Health Canada advisories recommend that adults and children refrain from eating walleye and northern pike more than once a week because of high levels of mercury and cadmium.V • There are widespread community concerns regarding elevated cancer rates. Studies also show that there are elevated levels of environmental contaminants such as arsenic, PAHs, and mercury in the region.

• Despite longstanding calls for a comprehensive health study by MCFN and ACFN, this has yet to occur.

“

Since the program started, we found that water quality and quantity are both declining rapidly. For instance, last year, there was a time period for about three weeks where there were dead fish everywhere along the Athabasca…

- Jonathan Bruno, Athabasca Chipewyan First Nation

”

• Environmental Assessment (EA) should be conducted whenever federal lands are affected or when a federal authority is involved, according to the 1992 Canadian Environmental Assessment Act (CEAA).

• EA is supposed to identify any potential concerns, minimized adverse environmental impacts and mitigated any occurring impacts.

• Although the CEAA was weakened considerably by the Canadian federal government in 2012, it has never adequately addressed Indigenous concerns.W • Provincial monitoring of the Oil Sands was conducted under the auspices of the Regional Aquatic Monitoring Program (RAMP), which was widely criticized as inadequate by the federal government and by independent scientific review.x

• All of the Oil Sands monitoring programs are science based and none meaningfully include affected Indigenous communities.

• Indigenous communities are trying to address these shortcomings through community based monitoring programs.

• Both MCFN and ACFN have been engaged in community based monitoring in the Peace Athabasca Delta for over the last five years, incorporating both science and Traditional Knowledge.

• Both First Nations and the Métis Local 125 are also involved in the Peace Athabasca Delta Monitoring Program, which is coordinated by staff from Wood Buffalo National Park.

• While these cross-cultural initiatives are important, they need to be upscaled and incorporated into other science based monitoring initiatives, decision making, and governance bodies in order to be most effective.

“

They should listen to us, or else compensate the trapper some way. We got nothing out there now, nothing to trap.

”

- Johnny Courtoreille, Mikisew Cree First Nation

• This film is not about shutting down the Oil Sands, but rather about making the voices of downstream Indigenous communities more audible. It is also about finding that all win solution that has government, industry, NGOs, the public, and Indigenous communities working together for a sustainable Oil Sands.

• Resist simplistic, build-it-up or shut-it-down solutions to the Oil Sands.

• Visit and contribute to our One River, Many Relations website at www.onerivernews.ca, and see our associated videos, blogs, and newsletters. Find us on Facebook and Twitter.

• Use the www.oneriverthefilm.ca website to write to your government officials, as well as the communities, indicating your support and concern.

• Send the links for this film to at least three other people who might care about these issues, and ask all of them to do the same.

• Make this film and these voices available in educational institutions or screen the film in your community.

• How can the cumulative effects of the Oil Sands and hydro development be evaluated?

• How can science based monitoring be strengthened throughout the region?

• How can research and decision making regarding the Oil Sands meaningfully involve downstream Indigenous communities?

• How can Traditional Knowledge be better incorporated in environmental assessment and monitoring?

• Can the legally enshrined rights of Indigenous communities be used to make industry more accountable to these Peoples but also the rest of Canadians?

• Can the views in this film and the rights of the First Nations and Métis people act as a bridge between champions and critics of the Oil Sands?

• What actions can you undertake to help address the concerns reflected in this film?

All references are available on the film website www.oneriverthefilm.ca

Further Information Mikisew Cree First Nation www.mikisewcree.ca Athabasca Chipewyan First Nation www.acfn.com Athabasca Tribal Council www.atc97.org The Assembly of First Nations (AFN) www.afn.ca Environmental Conservation Lab www.environmentalconservationlab.com One River, Many Relations News www.onerivernews.ca One River, Many Relations Film Site www.oneriverthefilm.ca

Funding Provided By: References available at www.oneriverthefilm.ca Mikisew Cree First Nation

Athabasca Chipewyan First Nation

Landscape cover photo courtesy of Greenpeace