Today the Athabasca Chipewyan First Nation (ACFN) will argue in the Alberta Court of Appeal that Shell Canada’s proposed Jackpine Mine expansion is in violation of their Constitutional rights and represents a failure on behalf of the federal government to uphold their legal duty to consult (DTC). The First Nation, which originally made this argument in a joint federal/provincial hearing on October 1, was told the panel did not have jurisdiction to hear constitutional questions.
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Carol Linnitt is Managing Editor and Director of Research for DeSmog Canada. Carol is a writer and researcher focusing on energy development, environmental policy and wildlife. She joined DeSmog in June 2010 as a researcher, focusing much of her time on the natural gas industry and hydraulic fracturing.
Carol is the lead author of DeSmog's original report Fracking the Future: How Unconventional Gas Threatens Our Water, Health & Climate. Her work also led to the DeSmog micro-documentary CRY WOLF: An Unethical Oil Story and the Cry Wolf investigative series.
Carol began her environmental career writing and performing interviews for The Canada Expedition, a non-governmental sustainability initiative, and while working in dispute resolution with communities affected by resource scarcity.
Carol has a Master's in English Literature from York University where she studied political theory, natural resource conflicts and Aboriginal rights. She also has a Master's in Philosophy in the field of phenomenology and environmental ethics and is currently a doctoral candidate at the University of Victoria in the English and Cultural, Social and Political Thought programs.
The Canadian government is working hard behind the scenes to cover up the negative effects that tar sands extraction is having on the local environment, wildlife, communities and the global climate. According to Access to Information documents obtained by Postmedia's Mike De Souza, the Stephen Harper government has actively suppressed the release of vital information regarding the spread of tar sands contamination by muzzling federal scientists.
The gag order, according to De Souza, came on the heels of a newly researched government report in November 2011 which confirmed the findings of University of Alberta scientists Erin N. Kelly and David Schindler. The scientists discovered concentrations of toxics such as heavy metals were higher near tar sands operations, showing a positive correlation between tar sands activity and the spread of contaminants in the local environment.
The government of Canada and the government of Alberta denied the correlation, saying local waterways tested showed no signs of toxic contamination and reports of mutated and cancerous fish downstream from the tar sands were unfounded.
Standing within the throng of demonstrators at last month's Defend Our Coast rally it became clear to me that a palpable shift in the collective expectations of Canadians had taken place.
The Canada-China Foreign Investment Promotion and Protection Agreement (FIPA) may be ratified as soon as tomorrow, November 1. This despite a massive demonstration of Canadian opposition to the investment trade deal that will lock the federal government into a dangerously undemocratic agreement with China and Chinese investors for 31 years.
Earlier this month British Columbians were surprised to hear that Enbridge, the main proponent of the proposed Northern Gateway Pipeline, was unable to explain how the company's world-class spill prevention and clean up practices were either world-class or preventative.
The company was unable to explain how they would respond to land-based spills from a pipeline designed to cover 1,172 km, crossing more than 770 of British Columbia's pristine watercourses.
By 2035 operators in Alberta's tar sands expect to produce 5 million barrels of the world's most environmentally dirty and energy intensive oil per day. Current daily production hovers around 2 million barrels. According to a recent Conference Board of Canada report, projected expansion of the tar sands will require roughly $364 billion in investment over the next 25 years and will create significant economic benefits for both Canada and the US.
This post is a part of DeSmog's investigative series: Cry Wolf.
Five years overdue in a legal sense and ten years after caribou were officially listed as 'threatened' according to the Species at Risk Act, the Canadian government has finally released its controversial Recovery Strategy for the Woodland Caribou. The report, originally released in draft form in August 2011, ignited severe public criticism for emphasizing 'predator control' options like a provincial-wide wolf cull in order to artificially support flagging caribou populations in Alberta.
At least 65 per cent of caribou habitat must be left undisturbed for caribou herds to have a 60 per cent chance of being self-sustaining. Government and industry must make immediate arrangements to remediate caribou ranges that currently do not meet that 65 per cent benchmark within the next five years.
This past weekend trade investment lawyer, Gus Van Harten, spent his time in his basement, rifling through old files. He knew that somewhere, buried in piles of international investment and legal trade documents, there was the answer to this one nagging question he couldn't shake: hadn't British Columbia already refused an investor-state treaty like the China-Canada Investment Deal once before? And wasn't that rejection because the trade deal was 'unconstitutional?'
If there was one message that stirred me during Monday's Defend Our Coast action, it was this: First Nations need you to join the fight to protect British Columbia's forests and coast from tar sands pipeline and tanker threats.
The message came loud and clear from Coastal First Nations executive director Art Sterritt in his speech delivered to thousands spread out on the lawn of BC's legislature building in Victoria. Addressing the crowd he said, “Ladies and gentlemen, today is all about you. Coastal First Nations and all of the tribes of the interior, we've been stating our opposition for a long time now. But we're so happy that 3000 of you have come out to join with us today, 3000 people. And it's your voices that are important today, not ours. It's your voices that we need to join with us.”
Sterritt asked the crowd, “Who is going to lay down in front of the bulldozers?” To which the crowd resoundingly replied, “We will!”
Monday's Defend Our Coast rally demonstrated the extent to which First Nations and other British Columbians are prepared to stand together to protect the province's right to refuse the Enbridge Northern Gateway Pipeline. The overwhelming emphasis during Monday's event was “the people, united, will never be defeated,” a line sung in unison across the crowded square.
Today the Athabasca Chipewyan First Nation (ACFN) is arguing that Shell Canada's proposed expansion of the Jackpine Mine in the tar sands is in violation of constitutionally protected aboriginal rights outlined in Section 35 of the Canadian Constitution and Treaty 8, which the ACFN signed in 1899. Arguments against the proposal will be heard by a provincial-federal Joint Review Panel.
The ACFN participated in a Fort McMurray rally today, asking for individuals, organizations and communities across Canada to stand in solidarity with their tribe.
“We are here today because a legal challenge may be the only remaining piece of law that can stop the destruction of our land,” said Allan Adam, chief of the ACFN. “We are thankful for the mountain of support we've been receiving. People understand the significance of this challenge and what we must do for our land.”
The proposed expansion will increase Jackpine Mine's production capacity from 200,000 barrels per day (bbl/d) to 300,000 bbl/d and will extend the mine's lifespan to 2049.
The project will add 1.8 million tonnes of greenhouse gasses into the atmosphere, roughly the equivalent of 280,000 additional cars on the road. The waste from the expanded project will amount to some 486 billion litres of liquid tailings including mercury, arsenic and lead, which Shell proposes to permanently bury in what is called a 'pit lake,' according to a press release.