1 {my} I I i Mohawk Council of Kanesatake March 9, 2016 BY EMAIL Premier of Quebec, Mr. Philippe Couillard Edi?ce Honor?-Mercier, 3e ?tage 835, boulevard Ren?-L?vesque Est Qu?bec (Qu?bec) G1A 184 Re: Permitting for TransCanada?s Energy East project without consulting the Mohawk Council of Kanesatake Shezkon, The Mohawk Council of Kanesatake was shocked to learn in the March 8, 2016 edition of the Devoir newspaper that the Quebec government is contemplating issuing a permit to TransCanada for seismic testing in the River. This is the ?rst time that our Council has heard of such work or such permit. We understand that Quebec has issued a number of such permits to TransCanada for other rivers, including the St-Lawrence River. To our knowledge, First Nations have not been consulted on such matters. In any event, the present letter sets out the Mohawk Council of Kanesatake?s opposition to any issuance of permits by the Quebec government in connection with TransCanada?s ?Energy East? Tar Sands pipeline (the ?Pipeline?) and seeks to inform the Quebec government that it is required to carry out its Constitutional duty to consult the Mohawk of Kanesatake about the Pipeline before authorizing any work in connection therewith, including seismic testing in the River. 681 Rang Ste-Philomene, Kanesatake Mohawk Territory, Kanesatake, Quebec JON 1E0 Tel.: (450) 479-8373 Fax: (450) 479-1622 Letter to Premier Couillard by the Mohawk Council of Kanesatake re Energy East Page 2 of 7 Kanesatake?s Opposition to Energy East As you may know, the Mohawk Council of Kanesatake has strongly opposed this Pipeline for a long time. The Pipeline would pass directly through lands claimed by the Mohawks of Kanesatake, including the Seigneury of the Lake of Two Mountains, in violation of our Aboriginal Title, as well as our Aboriginal and Treaty rights, which are protected by the Constitution of Canada and under International Law. The Mohawks of Kanesatake form part of a sovereign nation, the Mohawk Nation, which is part of the Iroquois Confederacy (Haudenausaunee). The Mohawk Nation has its own people, territory, government, and laws. On January 28, 2016, the Iroquois Caucus, made up of elected leadership from Akwesahsne, Kahnawazke, Kanesatake, Oneida Nation of the Thames, Six Nations of the Grand River, Mohawks of the Bay of Quinte and Wahta Mohawks unanimously opposed the Pipeline.1 The Pipeline threatens Kanesatake?s lands, waters and our people?s very survival as a result of the setback the project represents in the fight against climate change. While we insist on both Quebec and Canada respecting their duty to consult Kanesatake as per the Constitutional duties they owe us, Kanesatake will not be bound by any authorization given by either Quebec or Canada in respect of the Pipeline. Our Council has the right, as well as the duty according to our laws and customs, to say stop this dangerous project. While we feel it is our obligation to do so, we not consider that we are in any way standing in the way of progress. We consider that it is rather the Pipeline which is standing in the way of progress. We encourage the government of Quebec, therefore, just like we encouraged the Montreal Metropolitan Community during its public hearings on the Pipeline, to join us in the fight against this dangerous project. Such collaboration would demonstrate that meaningful reconciliation between Indigenous and non-Indigenous peoples involves building a better future together. It is also important to note that the Mohawk Council of Kanesatake has already received support in its opposition to the Pipeline from the Assembly of First Nations of Quebec and Labrador (AFNQL), and, most recently, the Union of BC Indian Chiefs Indeed, an Alliance of Indigenous Nations from coast to coast is being formed against all the pipeline, rail and tanker projects that would make possible the continued expansion of the Tar Sands. The Chiefs of British Columbia we met with welcomed the idea of an alliance with joy and hope as they resist their own Tar Sands pipelines. Peoples like the Tsleil- Waututh Nation, who are fighting against the Trans Mountain Pipeline Expansion Project 1 See attached statement by the Iroquois Caucus. 2 See attached resolutions of the AFNQL and UBCIC. Letter to Premier Couillard by the Mohawk Council of Kanesatake re Energy East Page 3 of 7 proposed by Kinder Morgan, or the six First Nations which form the Yinka Dene Alliance, who are successfully putting a stop to the Northern Gateway Pipeline proposed by The challenges and dangers of these Tar Sands export projects are the same for all First Nations in Canada, whether they face a major toxic oil spill in their sacred waters from a pipeline rupture, train or tanker accident, or because these same pipelines, trains, and tankers will in turn contribute significantly to climate change by allowing a massive increase in Tar Sands production. Such Tar Sands expansion will eliminate all hope of avoiding the worst impacts of the catastrophic climate change that we are already starting to feel. What will the response of developing countries be to our appeals to pollute less if Canada, a country rich in financial and natural resources, refuses to leave in the ground the dirtiest and most expensive oil in the world? Especially now that scientists have concluded that the majority of the oil in the Tar Sands must stay in the ground.3 We now know that catastrophic climate change is the greatest threat faced by humanity, and is the single greatest threat to our way of life as Indigenous Peoples. In fact, Indigenous Peoples are its first victims: the warming of rivers threatens our cold-water fish species; the disrupted seasonal cycle endangers many of our sacred plants and animals; an increase in the quantity and intensity of forest fires is decimating our territories; rising sea levels erode our shores; severe floods put our communities at risk; and the acidification of the oceans will soon choke our commercial and traditional ?she?es. The Danger of Toxic Spills In addition to the major contribution of the Pipeline to climate chaos, the Pipeline also threatens our land, lakes and rivers with the significant risk of a toxic spill, including threatening the River and Lake of Two Mountains, which are both central to the traditional activities of our people. We now know what environmental damage caused by Tar Sands looks like afterthe disastrous Kalamazoo River spill in Michigan, which, five years later, is still nowhere near ?cleaned? up. And we also now know that even a small quantity of oil is toxic to fish.4 3 Christopher McGIade and Paul Ekins, ?The geographical distribution of fossil fuels unused when limiting global warming to 2? Nature 517 (2015): 187?190. DOI: 10.1038/nature14016. 4 John P. Incardona, Mark G. Carls, Larry Holland, et al., ?Very low embryonic crude oil exposures cause lasting cardiac defects in salmon and herring," Scienti?c Reports 5 (2015): 13499, Letter to Premier Couillard by the Mohawk Council of Kanesatake re Energy East Page 4 of 7 We have also seen how little we can count on the promises of pipeline companies that ensure us of the safety of their operations. One need look no further than the Nexen pipeline rupture this past summer, which caused one of the worst oil spills in Canadian history.5 In this case, the ?automatic detection? system that we so often hear about failed to detect the release of 5 million litres of oil. As is so often the case with such spills, the leak went undetected until someone walking in the area discovered it. Or one can take the example of the very company, TransCanada, behind the Energy East Pipeline: sections of the TransCanada Keystone 1 Pipeline are 95% corroded, after only two years in operation.6 The technical report7 commissioned by the Montreal Metropolitan Community and prepared by Savaria Experts-Conseils Inc. dated May 6, 2015 report?) lays bare the major risks that the Pipeline represents. According to the MMC report, a breach in the Pipeline would leak 1.15 million liters of oil in thirteen minutes, or 7.5 million litres in sixty minutes?fully twice the volume of oil spilled into the Kalamazoo River in 2010.8 As we saw in the case of the Nexen oil spill, described above, we know that the detection of a leak could take much longerthan thirteen minutes or an hour?despite company promises and ?advanced detection technologies?. The MMC report also addresses the potentially irreversible impacts that any oil spill would wreak on the flora and fauna in the marshes in and around the Mirabel area section of our land claim.9 The MMC report clearly demonstrates, therefore, just how risky the Pipeline would be, and that is without even addressing or even mentioning the extremely concerning possibility that an oil spill could occur in a watercourse in winter. We know it is impossible to clean up an oil spill in the water in winter. The MMC report does not even mention all of the major impacts that a spill would have on the Mohawk people, including ourfishing, hunting, and gathering activities. 5 Emily Mertz, ?Nexen?s Fort McMurray pipeline spill one of Canada?s biggest ever,? Global News online, July 16, 2015, biggest-everl. 6 Julie Dermansky, ?TransCanada Keystone 1 Pipeline Suffered Major Corrosion Only Two Years In Operation, 95% Worn In One Spot,? DeSmog (blog), April 30, 2015, 7 8 Ibid., 6. 9 Ibid., 37. Letter to Premier Couillard by the Mohawk Council of Kanesatake re Energy East Page 5 of 7 Lack of consultation by Quebec regarding proposed seismic testing by TransCanada in the River As noted above, we were incredibly surprised and dismayed to learn that the Quebec government could be issuing permits to TransCanada to perform seismic testing in the River without first consulting the Mohawks of Kanesatake. We Mohawks as you may know have had a long history of using this river for all kinds of reasons, as we still do today, including in the exercise of our constitutionally protected fishing and hunting rights. To this day, the Mohawks make use of the River and Lake of Two Mountains for such purposes as hunting (waterfowl as well as small game near shores), fishing (wide variety of fish), trapping and harvesting (including the gathering of traditional medicines). Both the River and Lake of Two Mountains are in fact areas of great cultural and spiritual import for the Mohawk Nation they are indeed critical areas for the pursuit of our way of life, including the transmission of cultural and spiritual traditions and practices to the next generation. The waten/vays and immediate surroundings also host a number of important nesting and spawning sites as well as vulnerable species of plants and animals which we are tasked by our culture and traditions with safeguarding. As Grand Chief of Kanesatake, have personally hunted and fished along this river, and have knowledge of the different species of fish and game that frequent this long stretch of water. We have strong concerns about the impacts of any work carried out in the river or its banks, especially if such work were to include the use of explosives. The dam at Carillon has already deeply affected our community and our use of the river for the last 50 years or so. The Mohawk Council of Kanesatake opposes any further disturbance of the River without its consent, especially in connection with this disastrous Pipeline. It is completely unacceptable that we were informed about the proposed seismic testing by a newspaper. We hereby insist that the Quebec government consult the Mohawks of Kanesatake in regard to both the proposed testing and the entire Pipeline before issuing any permit for seismic testing in the River. In addition to the Quebec government?s failure to consult the Mohawks of Kanesatake in respect of the proposed seismic testing, it is absolutely inconceivable to us that your government could issue permits to TransCanada pursuant to the Quebec Environment Quality Act at a time when Quebec has been forced to sue this same company for not respecting the environmental assessment and permitting process under this same Environment Quality Act. You would still trust this company to not harm our river in the performance of the seismic testing when it will not even respect Quebec's environmental laws? TransCanada will be forced to abide by Mohawk Law, including the prohibition to Letter to Premier Couillard by the Mohawk Council of Kanesatake re Energy East Page 6 of 7 pass the Pipeline through Mohawk lands and waters. We can only invite Quebec to enforce its own laws and not issue any more permits to TransCanada until it respects your laws. Conclusion The Pipeline would inevitably cause tremendous harm to the Mohawks and other Indigenous and non-Indigenous peoples by contributing in a major way to climate change?by enabling the expansion and massive export of oil from the Tar Sands, the dirtiest oil in the world. Even on the economic front?the Pipeline?s supposed great selling point?there are few long-term jobs associated with the project, but many more associated with clean energy, healthy communities, energy conservation and efficiency. If we fail to act together now, the situation will only get worse. Let us reiterate: we are not against development if it improves the lives of our people. But we will not allow the Energy East Pipeline project to jeopardize their future. We can assure you that as sovereign people, and guardians of our land, we will act accordingly. Nevertheless, the Pipeline need not divide us. This project presents us with an opportunity to work together, not only to stop the Pipeline, but to build a better and cleaner economy - a more prosperous and just economy that would view First Nations as partners rather than obstacles. It is also necessary to mention the Mohawk Council of Kanesatake?s opposition to Enbridge?s Line QB reversal project which also presents an important risk of a spill and which could potentially serve to export dirty Tar Sands oil. The Mohawk Council of Kanesatake as well as the rest of the Iroquois Caucus has made its choice. Other First Nations are making the same choice. We encourage the government of Quebec, just as we did with the Montreal Metropolitan Community, to join us, and demonstrate real climate leadership in Canada. One thing is for sure, we the Mohawks of Kanesatake will not be brushed aside any longer, and we wish to press upon you that we reserve the right to take legal action if necessary to prevent the abuse of our inherent rights. This letter is submitted without prejudice to the rights and interests of the Mohawks of Kanesatake. Letter to Premier Couillard by the Mohawk Council of Kanesatake re Energy East Page 7 of 7 Niazwen ko:wa. Grand Chief Serge ?Otsi? Simon f?w Mohawk Council of Kanesatake cc. Iroquois Caucus Assembly of First Nations Quebec-Labrador Mr. David Heurtel, Quebec Minister of Sustainable Development, Environment and the Fight against Climate Change Mr. Pierre Arcand, Quebec Minister of Energy and Natural Resources IROQUOIS CAUCUS Iroquois Caucus Address the Energy East Pipeline (Ottawa - January 28, 2016) The Iroquois Caucus, made up of elected leadership from Akwesahsne, Kahnawa:ke, Kanesatake, Oneida Nation of the Thames, Six Nations of the Grand River, Mohawks of the Bay of Quinte and Wahta Mohawks, are unanimous in their opposition to the Energy East oil pipeline project in order to safeguard its territories, its peoples and its cultures from the major threats posed by this dangerous project. Notwithstanding the economic benefits, we have serious concerns with respect to the devastating effects this project can have on our lands and waters, our way of life and our cultures. The Iroquois Caucus acknowledges and appreciates the comments made by the Federal Government, on January 27th, 2016, to consult with First Nations with respect to this project. We are willing to meet with the senior Crown representatives to participate in the development of a meaningful process that is consistent with the historic Two-Row1 relationship with the Haudenosaunee and the legal obligation of the Crown to address and accommodate First Nations concerns including the shortcomings of the National Energy Board process. The Iroquois Caucus fully expects to be contacted in the near future by the Crown representative appointed by the Prime Minister, to initiate discussions. Contact: Iroquois Caucus Coordinator Trevor Bomberry Tel: (519) 761-7694 ic.coordinator@sixnations.ca cc: Assembly of First Nations 55 Metcalfe Street Suite 1600 Ottawa, ON K1P 6L5 “This wampum belt confirms our words. Neither of us will make compulsory laws or interfere in the internal affairs of the other. Neither of us will try to steer the other's vessel.” 1 Kahnawà:ke Kanehsatá:ke Akwesáhsne Tyendinaga Wahta Six Nations of the Grand River Oneida Nation of the Thames Assembl?e des Premi?res Nations Assembly of First Nations Quebec?Labrador Quebec-Labrador 250, Place Chef Michel Laveau, bureau 201 250, Place Chef Michel Laveau, Suite 201 Wendake (Quebec) GOA 4V0 Wendake, Quebec GOA 4V0 T?l. 418-842-5020 0 T?l?c. 418-842-2660 Tel.: 418-842-5020 0 Fax: 418-842-2660 RESOLUTION NO. 14/2015 RESOLUTION IN SUPPORT OF POSITION ON ENERGY EAST WHEREAS the First Nations in Quebec and Labrador possess Aboriginal rights, Aboriginal title and treaty rights, as recognized and af?rmed by the Constitution Act, 1982; WHEREAS, under the United Nations Declaration on the Rights of Indigenous Peoples, the First Nations in Quebec and Labrador have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired as well as the right to own, use, develop and control such lands, territories and resources; WHEREAS the First Nations in Quebec and Labrador support the sustainable development of their traditional lands, provided that such development respects their rights and interests, that such development is socially acceptable to the First Nations, that appropriate measures are taken to protect their environment and traditional activities, and that bene?ts ?ow to the First Nations; WHEREAS, in the past, the First Nations in Quebec and Labrador have supported each other when a particularly dangerous and risky form of development has threatened the territory, way of life and security of a particular Nation, including most recently in supporting the Cree?s banning of uranium mining and Eagle Village and Wolf Lake?s opposition to rare earth mining; WHEREAS the Mohawk Council of Kanesatake is requesting similar support from the First Nations in Quebec and Labrador in its efforts to protect its people and their territory from TransCanada?s Energy East tar sands pipeline project; WHEREAS the Mohawk Council of Kanesatake considers that the Energy East project poses a grave threat to Kanesatake?s lands and waters due to the risk of a toxic spill; WHEREAS the Energy East project will allow for the expansion of the very Tar Sands that are already destroying the lands and harming the health of our First Nation brothers and sisters in Alberta and the surrounding areas, and which expansion will also fuel catastrophic climate change; LE GRAND CERCLE DE NOS PREMIERES NATIONS THE GREAT CIRCLE OF OUR FIRST NATIONS - RESOLUTION NO. 14/2015 WHEREAS climate change now threatens the security, way of life and even survival of all Indigenous peoples the world over, including in Canada; WHEREAS, contrary to the Constitutional Law of Canada, no process of meaningful consultation has been put in place to ensure that the Energy East project would not have serious and irreparable adverse impacts on the Aboriginal rights, Aboriginal title and treaty rights of the Mohawks of Kanesatake; WHEREAS the Mohawk Council of Kanesatake is committed to ?ghting the Energy East project, and while it cannot ask others to ?ght next to it, it does hereby seek the support of the First Nations in Qu?bec and Labrador in making clear that they support the Mohawk Council of Kanesatake in its ?ght, NOW THEREFORE, BE IT RESOLVED: THAT the First Nations in Quebec and Labrador, without necessarily taking position on TransCanada?s Energy East project, ?rmly support the Mohawk Council of Kanesatake in its own opposition to the Energy East project; THAT the First Nations in Quebec and Labrador call upon the Government of Canada and the Government of Quebec to take all required measures, including legislative, regulatory and administrative measures, to ensure that the Mohawks of Kanesatake?s rights, concerns and positions are properly addressed and respected in the course of such governments? own assessments of the Energy East project; THAT the First Nations in Quebec and Labrador reiterate the concerns and objections they expressed in regard to the federal review process of the Energy East project in the letter sent on the March 16, 2015 by Chief Ghislain Picard to the Honourable Greg Rickford, the federal Minister of Natural Resources, with Quebec Premier Philippe Couillard copied, which concerns and objections have yet to be addressed. PROPOSED BY: Chief Terence McBride, Timiskaming SECONDED BY: Chief Derek Mathias, Long Point ADOPTED BY CONSENSUS ON JUNE 10, 2015 IN THE INNU COMMUNITY OF ESSIPIT Chief of the AFNQL UNION OF B.C. INDIAN CHIEFS 47TH ANNUAL GENERAL ASSEMBLY SEPTEMBER 28TH- 30TH, 2015 XʷMƏΘKʷƏY̓ƏM (MUSQUEAM TERRITORY), VANCOUVER, B.C. Resolution no. 2015-41 RE: Support for Strategy Discussions among First Nations Impacted by Tar Sands Projects and for First Nations Opposed to Energy East Pipeline and Tankers Proposal WHEREAS climate change threatens the security and way of life of Indigenous peoples throughout Canada and the world, which has been evident in British Columbia as record-breaking temperatures in the summer of 2015 contributed to rampant forest fires, drought, and elevated water temperatures impacting wild salmon and other fish; WHEREAS the UBCIC Chiefs Council has, through Resolution 2011-54, endorsed the Save the Fraser Declaration and Coastal First Nations Tanker Ban that prohibit the transportation of tar sands crude oil by pipeline and tanker on the north coast, the south coast, and through the Fraser River watershed; WHEREAS currently proposed tar sands pipeline and tanker projects would contribute to the expansion of Alberta tar sands development, Canada’s fastest growing source of greenhouse gas pollution, and increase the risk of oil spills impacting our lands and waters; WHEREAS inspired by the Save the Fraser Declaration and Coastal First Nations Tanker Ban, and seeking to defend their lands and waters from the Energy East tar sands pipeline and tanker proposal, in July 2015 the Mohawks of Kanesatake invited First Nations across the country to consider developing a unified, Indigenous lawbased treaty opposing tar sands projects and transportation in their respective territories (revised draft text attached); WHEREAS Grand Chief Serge Simon of the Mohawk Council of Kanesatake and Chief Arnold Gardner of Eagle Lake First Nation travelled to the 2015 UBCIC Annual General Assembly to speak about the risks and impacts to Certified copy of a resolution adopted on the 30th day of September of 2015 in xʷməθkʷəy̓əm Grand Chief Stewart Phillip, President 2015-41 Page 1 of 3 all First Nations of the Energy East proposal as well as to discuss opportunities for collaboration among First Nations in addressing climate change and other environmental impacts of tar sands development. THEREFORE BE IT RESOLVED that the UBCIC Chiefs-in-Assembly fully support the Mohawk Council of Kanesatake, Eagle Lake First Nation and other First Nations that are working to protect their territories from the risks and impacts of the Energy East project; THEREFORE BE IT FURTHER RESOLVED that the UBCIC Chiefs-in-Assembly direct the UBCIC Executive to support, and where appropriate participate in or convene, discussions among UBCIC members and other First Nations that seek to develop shared positions and coordinated strategies for addressing climate change and other environmental and cultural impacts of tar sands development in their territories. Moved: Seconded: Disposition: Date: Chief James Hobart, Spuzzum First Nation Chief Maureen Chapman, Skawahlook Carried by Consensus September 30, 2015 Certified copy of a resolution adopted on the 30th day of September of 2015 in xʷməθkʷəy̓əm Grand Chief Stewart Phillip, President 2015-41 Page 2 of 3