For Immediate Release: Athabasca Chipewyan First Nation calls for resignation of Gerry Protti, newly appointed chair of Alberta Energy Regulator

Athabasca Chipewyan First Nation calls for resignation of Gerry Protti, newly appointed chair of Alberta Energy Regulator

May 1st, Fort McMurray, AB- The Athabasca Chipewyan First Nation (ACFN) is calling for the removal of Gerry Protti as Chair of the Alberta Energy Regulator. ACFN joined by non-governmental organizations, and special interest groups that have serious concerns with conflict of interest regarding Mr. Protti’s appointment.

For many First Nations this appointment is insult to injury especially those that have been pushing on the Alberta government to strengthen their engagement with First Nations in relation to energy and resource development with little success. Mr. Protti has a long industry history as one of the founders of the Canadian Association for Petroleum Producers, was an executive for Encana, and is a lobbyist for the Energy Policy Institute of Canada. We question his ability to chair the Alberta Energy Regulator with transparency and accountability.

“Where is the justice for our communities?” stated Chief Allan Adam of the Athabasca Chipewyan First Nation. “Our community has been raising serious questions about the provinces environmental standards and monitoring.  We have repeatedly demanded more meaningful participation in the development of the provinces new environmental monitoring projects.  Instead of better engagement they appoint the former founder of CAPP as the Chair of the new Alberta Energy Regulator?  This is unacceptable and insulting.”

This appointment comes also with the Alberta government also announcement of it’s Corporate Guidelines for First Nations Consultation Activities, 2013 giving industry the upper hand and failing to meet First Nations expectations. The Athabasca Chipewyan First Nation has join in with the many groups that are outraged with this announcement and questioning provincial leaders interests.

“We are calling for the resignation of Gerri Protti as the Chair of the Alberta Energy Regulator. How can Gerri Protti be diligent to First Nations concerns and uphold treaty rights when he clearly has no previous experience engaging First Nations and still has such strong industry ties.” said Eriel Deranger, ACFN Communications. “Clearly the Government of Alberta has sent a strong message to First Nations of whose interests are important in this province by appointing an industry leader and setting the stage with the release of its new corporate guidelines for First Nations Consultation Activities.”

The Athabasca Chipewyan First Nation has long been a leader in elevating Treaty rights and First Nations concerns regarding development in Alberta.

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For more information:
Chief Allan Adam, ACFN  780-713-1220
Eriel Deranger, Communications Coordinator ACFN 780-903-6598

 

We are in the final push! DONATE TODAY!

We are in the final push! DONATE TODAY! Help send an Indigenous delegation to attend the #Shell AGM next month http://ow.ly/ksZmk #tarsands

Support the showdown at Shell! Extreme E

Support the showdown at Shell! Extreme Energy Development vs Indigenous Peoples #donate today #tarsands #firstnations #shell http://ow.ly/k0F2X

Supreme Court of Canada denies Athabasca Chipewyan First Nation Appeal on Jackpine Mine Expansion

 

April 11th, 2013 Edmonton, AB- This morning the Supreme Court of Canada released its decision to not hear the Athabasca Chipewyan First Nation’s (ACFN) appeal of the  Joint Review Panel’s refusal to hear   ACFN’s Section 35 constitutional challenge of Shell Oil Canada’s Jackpine Mine expansion project.

“We know that approximately only one out of ten applications are heard by the Supreme Court of Canada.  However, we are truly disappointed with this decision as we have diligently proceeded through legal avenues to have our rights upheld,” said Chief Allan Adam, Athabasca Chipewyan First Nation. “We understand that this Joint Review Panel was supposed to uphold everyone’s constitutional rights; why has there been an exception with regards to First Nations’ consultation rights? Government must be held accountable to their Treaty obligations. “

In October 2012, ACFN put forth a constitutional challenge asking the Joint Review Panel to decide whether Crown consultation on the Shell application was good enough.  The project would result in direct and adverse effects on ACFN’s ability to continue its treaty and associated aboriginal rights to hunt, fish, trap and gather protected by the Canadian Constitution Act, 1985, section 35 and Treaty No. 8.

On October 26 the Joint Review Panel ruled that they did not have the jurisdiction to consider ACFN’s constitutional questions and that in any event a determination of Crown consultation would be premature.  Following this decision ACFN filed a motion to adjourn the hearings; the motion was denied leaving no other option but to file a motion for a stay and a motion for leave to appeal to the Alberta Court of Appeal. On November 26, 2012 the Athabasca Chipewyan First Nation received a decision from the Alberta Court of appeal dismissing their application for leave to appeal.

ACFN filed an appeal of the Alberta Court of Appeal’s decision with the Supreme Court of Canada in January 2013.

A decision not to hear a case means the Supreme Court doesn’t think the issue is “nationally important”. It does not mean that the Court is saying that the Alberta Court of Appeal got it right. For example, in 2012 the SCC declined to hear an appeal of the Alberta Court of Appeal’s decision that ACFN’s challenge to the granting of oil sands leases around  Poplar Point Reserve was barred by a limitation period. However, in its recent decision on the Manitoba Metis’ Federation’s Land Claim, the SCC said that “limitations acts cannot prevent the courts from issuing a declaration on the constitutionality of the Crown’s conduct”  -  this was precisely the type of relief ACFN sought in its Poplar Point judicial review.

The ACFN also stressed that the Supreme Court of Canada has already ruled in the Rio Tinto decision that so long as a tribunal has been given the power to determine questions of law and public interest, it will be able to decide constitutional questions before it, such as assessing the adequacy of consultation, unless this power has been specifically removed from its jurisdiction by the legislature.

The ACFN argues the devolution of consultation in the province is failing First Nations. Court challenges to the many operational decisions that happen at the end of the oil sands application process will be too late, and difficult to manage because the challenges would have to be brought in three different courts.   This leaves bodies such as the Joint Review Panelto be more appropriate and, given their early strategic decision making, close relationship and access to information on projects being reviewed, also the best equipped to provide independent review of Crown efforts arising from  its Treaty 8 obligations.

“We do not know the reasons why the Supreme Court did not grant ACFN hearing, it is clear that we will not find access to justice within Alberta,” stated Adam. “We will have to decide if we move ahead with different legal strategies to uphold our rights.”

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For more information:

Chief Allan Adam, ACFN  780-713-1220
Eriel Deranger, Communications Coordinator ACFN 780-903-6598
Eamon Murphy, Legal Council 250-383-2356.

Athabasca Chipewyan First Nation Update

So as we are full swing into 2013 the Athabasca Chipewyan First Nation is patiently awaiting word on a few developments.

1. Shell Jackpine Mine Decision: ACFN, along with other intervenor for the Shell Jackpine Mine Expansion application are expecting to hear back from the ERCB/Joint Review Panel on the decision of the application of Shell Oil Canada. The ERCB was originally to give response in February but requested extra time to review all evidence brought before the review panel, stating that the evidence brought forward by the First Nations was lengthy and they had much to consider.
2. Shell AGM: ACFN is preparing for travel to attend the Shell Annual General Shareholders Meeting in the Hauge, Netherlands where we will take our concerns before the shareholder and executives of Shell Oil.  However, ACFN and other Indigenous delegates NEED YOUR HELP in order to get there this year.  We are fundraising to send a delegation and you can find out how you can help by clicking here.
3. Supreme Court of Canada: ACFN submitted a leave to appeal to the Supreme Court of Canada in conjunction the ERCB decision to not hear ACFN constitutional challenge of the adequacy of consultation.  We submitted in early January and we should have word back sometime this month.  Once we know more we will let you all know how you can help support us in a new pending legal strategy.
4. Legal Suit against Shell Oil Canada: ACFN’s legal and Shell’s legal counsels are still both engaged in what is known as the discoveries mode.  We are expecting a court appearance sometime this year and will keep you all informed if there are any new developments.
5. Caribou: ACFN had a cameo on the Nature of Things with David Suzuki: Billion Dollar Caribou and we are now forging ahead looking for new and innovative ways to implement our strategy for the full protection of both Caribou and Bison in our traditional territory.  For a refresher take a look at our strategy plan here.

We are expecting to hear more about Shell’s application to build the Pierre River Mine project north of the Firebag river  directly in ACFN’s identified traditional lands protection zone.  We have taken the guidance of our Elders to do all that we can to protect ACFN traditional lands north of what is known as the Firebag river.  In 2008 ACFN Elders created a resolution to help guide our leaders to protect our lands and culture by creating clear cut protection zones in our traditional land use areas.  ACFN conducted extensive research with our Elders and people to identify maps to identify these areas.

Below is a map from our Caribou and Bison stewardship plan that clearly marks our protection zones :

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Athabasca Chipewyan First Nation would like to thank everyone for their continued support.  We are looking forward to the coming challenges this year and hope we can continue to count on you all for support and solidarity.

Mussi Cho!

For Immediate Release: First Nation Responds to Suncor Tar Sands Tailing Breach

First Nations responds to Suncor Tar Sands Tailings Breach:
Another Industry Failure to protect environment and First Nation rights

March 26, 2013 Fort McMurray, AB– Last week Chief Allan Adam of the Athabasca Chipewyan First Nation (ACFN) was in Ottawa with the Yinka Dene Alliance to support First Nation opposition to pipelines associated with Tar Sands expansion and meet with government officials.  Only days after returning to Alberta Suncor Energy, one of the largest and oldest operators in the region, suffered a breach of it’s tar sands tailing pipeline resulting in a release into the Athabasca River.

“As Chief of a downstream community in the region this type of incident is of great concern and substantiates my community’s long time concerns of the negative and adverse impacts this industry has on our eco-system, traditional lands and cultural rights,” stated Chief Adam.

Last week Chief Adam traveled to Ottawa to support First Nation opposition the Northern Gateway and Keystone XL tar sands pipelines where leaders vowed to stop the construction of the pipelines.  Many First Nations are challenging the regulatory system that grants approvals for pipelines and expansion of the tar sands citing its failure to adequately address First Nation inherent rights to the lands and resources.

“Our struggles are tied together because approvals of pipelines is approvals for expansion of tar sands in my traditional territory.  This incident in Suncor’s operations is just another example of what’s at stake and the governments and industry’s failure to safeguard the environment and people. It also serves as a reminder of the weak environmental monitoring systems and the inability of the region to take on more development,” remarked Chief Adam.

“The fate of the survival of our communities, lands, animals, waterways and peoples lay in the hands of bureaucrats who are failing to uphold protection of Treaty rights and the rights of Mother Earth.  Now more then ever we must stand together to stop the destruction we are seeing in Alberta’s tar sands and move toward more sustainable futures for everyone.”

Chief Adam added that although he takes a hard stance against the current status quo of tar sands development, monitoring and reclamation that the First Nation is not anti-development.  They are however, very concerned with a faulty regulatory system, weak environmental protection and laws and legislation that cater towards an industry that continues to erode the very environment that his First Nation and many other First Nations rely on for the continuation and livelihoods of their people and culture.

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For More information please contact:
Eriel Deranger, ACFN Communications Coordinator 780-903-6598
Chief Allan Adam, ACFN 780-713-1220

Chief Adam responds to Obama State department EIS on Keystone XL Pipeline

March 1, 2013 Fort McMurray, AB – Today the Obama State Department released the Draft Supplemental Environmental Impact Statement on the proposed Keystone XL Pipeline.  Chief Allan Adam of the Athabasca Chipewyan First Nation (ACFN) provided the following comments:

“We cannot stress our extreme disappointment with this report.  The fact that the Keystone XL pipeline is deemed as non-consequential and not connected to the unabated expansion of Tar Sands is simply not true.

Without adequate roadways to markets the tar sands would be locked in the ground. Industry simply cannot expand without pipelines.  Expansion of the tar sands in my peoples homelands means a death sentence for our way for life, destruction of eco-systems vital to the continuation of our inherent treaty rights and massive contributions to catastrophic global climate change, a fate we all share.

The ACFN will not let this report stop us from continuing to challenge Shell Oil’s proposed Tar Sands expansion projects in Alberta and any affiliated pipelines that would carry raw bitumen to refiners and tankers across Turtle Island.

ACFN is currently looking to options to submit comments regarding our substantive concerns.  We hope that you all echo our struggle against expansion by continuing your fight against the Keystone XL pipeline.”

Water Groups Slam Government Water Conversation Survey Recently released water survey obscure and misleading

Media Release
February 13, 2013

Water Groups Slam Government Water Conversation Survey
Recently released water survey obscure and misleading

The Alberta government’s Water Conversation survey of just 15 questions that was launched this week, fails to give Albertans the opportunity to meaningfully participate in the direction of water policy in the province, say groups working on provincial water issues.

“Albertans who have waited for years for promised consultations on the future of water in Alberta are going to be extremely frustrated when they see what the government has come up with,” says Scott Harris, Prairies Regional Organizer with the Council of Canadians. “Fifteen online questions, many of which bundle a range of policy options into ‘agree’ or ‘disagree’ options and are so vague as to be almost meaningless, is hardly the broad and meaningful consultations Albertans deserve.”

“This ridiculous survey will only serve to muddy the waters,” says Bill Moore-Kilgannon, Executive Director of Public Interest Alberta. “If the government really wants to give Albertans the opportunity to participate in a conversation about water, it has to be clear about what it’s talking about. For example, when it asks if people support ‘making it easier to share water with other users,’ is the government talking about expanding and deregulating a water market? If so, and if they explained the implications of this, I doubt that that this is the direction most Albertans would want to go.”

“The Athabasca Chipewyan have been actively campaigning for stronger water policies and regulations for years,” says Eriel Deranger Tar Sands Communication Coordinator, Athabasca Chipewyan First Nation. “In 2010, ACFN published the report ‘As Long as the River Flows’ to highlight the need to adequately identify and address the need for First Nation and Aboriginal base flow and impacts to treaty rights. The new water conversations emerging in the province have done little to address the unique rights of First Nations, and it would appear that governments are sidestepping their fiduciary obligations to uphold treaty and aboriginal rights.”

“The news release for the Water Conversation says that First Nations and Métis are being engaged on water issues through separate processes, but if there is a separate process, it hasn’t been made public yet,” says Jesse Cardinal, of the Keepers of the Athabasca. “Both processes are important for the future of water in the province, and the information about both should be readily available to everyone, otherwise the government will miss input from people who are very connected to water, input that could benefit us all. There are serious issues that are not being addressed in this process, including potential groundwater contamination from in situ mining operations and the slow progress the province is making in establishing limits on water extraction during periods of low flow in the river.”

“While it is commendable that the Government of Alberta has initiated this conversation it is concerning that the scope of the conversation has been narrowed in a way that will prevent any real discussion of the big-picture issues we face, including the problem of over-allocation of water in much of southern Alberta and the lack of mechanisms to return water to rivers,” says Bill Donahue, Director (Science and Policy) with the Water Matters Society of Alberta. “There also is no acknowledgement of the disconnection between science and water policy and management. We have to stop pretending that we’ve been doing a good job of managing water and achieving the Water For Life Goals, because we haven’t. My fear is that, by not tackling these issues, this conversation is going to distract Albertans from some of the biggest problems we face.”

 

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Media contacts:

Scott Harris, Council of Canadians
780-233-2528

Bill Moore-Kilgannon, Public Interest Alberta
780-993-3736

Eriel Deranger, Athabasca Chipewyan First Nation
780-903-6598

Jesse Cardinal, Keepers of the Athabasca
780-404-5315

Bill Donahue, Water Matters Society of Alberta
780-566-4680

FOR IMMEDIATE RELEASE: Press Statement From Chief Allan Adam regarding Highway 63 Roadblocks

 

January 15, 2013 – Fort McMurray, AB – In the wake of Idle No More and the AFN’s calls for blockades, peaceful protests and a stall of the Canadian economy Chief Allan Adam of the Athabasca Chipewyan First Nation (ACFN) has made waves with talk of potential long term blockades in Northern Alberta.

 

“At this time we have no plans to organize or facilitate the organization of roadblock on highway 63 for January 16^th or any set date. However, the people are upset with the current state of affairs in this country and things are escalating towards more direct action.

 

As a leader I have been talking to the people, talking with governments and industry to try and diffuse the situation that is coming to the surface.  However, neither government nor industry seems willing to move on the issues and the people have said that enough is enough.

 

Both Federal and provincial governments’ have blind sided this Country with weaken environmental legislation, weakened protection of our waters, lands and animals and a weakened public review process.  These legislative changes within Bill C-45 and Bill C-38 will expedite Canada’s abilities to extract billions of dollars in profits from Indigenous lands while most of our communities live in poverty and some without basic services like clean drinking water.  The legacy that will be left for our people will be nothing more then polluted lands and waterways with little left for our people to survive on.

 

Our people have become the canaries in the coalmine. We are all at a precipice and at a pivotal point in history.  We can either sit idly by and watch as the government sanctions the right to destroy the lands and rights of the people of this country or we can stand up and protect our lands and rights. 

 

Unless Harper, the Canadian government and industry see the necessity to repeal the Bills or at the very least, remove amendments made to and renegotiate the terms of the Navigable Waters Protection Act, the Fisheries Act, The Environmental Assessment Act, the National Energy Board Act and the Indian Act, you can expect to see matters escalate not just here in Alberta but across this Country. 

 

The blockade of Highway 63 is something that has always been a possibility even before Idle No More.  For the last 50 years people in Northern Alberta have been living at ground zero in one of the world’s most destructive industrial projects, the Alberta Tar Sands.  The tar sands infrastructure includes pipelines to the east, west, south and north needed to ship tar sands out and bring in solvents used in processing.  It includes proposed nuclear reactors and natural gas mining to generate power for needed for extraction.  It involves utilizing massive amounts of fresh water to process and leaves incredibly large toxic waste lakes that are contaminating plants, animals and neighbouring waterways.  It creates vast amounts of greenhouse gases fueling climate chaos and contributing to alarming climate change.

 

Our community has been challenging applications made by Shell Oil Canada, has repeated asked for better environmental protections, basic third party independent monitoring, and a moratorium until further studies are done to determine to cumulative impacts of the tar sands on the people and the land. To date all we have seen is nothing more then meetings and lip service.  

 

The Oil, Gas and pipeline industry asked the government for legislative changes to better protect their investments and assets in the name of “economic growth” and within ten months the government made sweeping changes to legislation in their favor.

 

Indigenous Rights and environmental protection are intrinsically tied together, our rights are contingent on thriving eco-systems and intact biodiversity.  Without fresh water and pristine lands we cannot practice our cultural and spiritual way of being.  By weakening environmental protection and avenues for challenging industrial development the government has weakened it’s respect and fiduciary obligation to uphold the Canadian Constitution and our inherent treaty and aboriginal rights in Canada. It’s time for Canada to negotiate the terms of adequate environmental protection in partnership with Treaty and Aboriginal rights.

 

If no changes are made in the coming months I guarantee we will see Nationwide peaceful picket lines set up, resulting in blockades of major highways, against all resource extraction and development that is being done in violation of the Canadian Constitution, with unjust environmental standards and in contravention of our inherent rights to live, breathe and sustain ourselves on our lands.”

 

For More Information Contact:

 

Chief Allan Adam ACFN 780-713-1220

Eriel Deranger, ACFN Communications Coordinator 780-903-6598

 

 

FOR IMMEDIATE RELEASE: Press Statement From Chief Allan Adam in reaction to the passing of Bill C-45

December 14, 2012 – Fort McMurray, AB – Today the Harper government passed Bill C-45 also known as the Omnibus Bill.  The Bill includes major amendments to environmental legislation removing the protection of a majority of rivers and lakes in Canada and contributes to the erosion of Treaty and Aboriginal rights. The Bill has been long opposed by many First Nations across Canada and sparked groups like Idle No More calling for national protests.  Chief Adam of the Athabasca Chipewyan First Nation who had critiqued the bill in its infancy and asked others to stand in opposition stated this upon learning that it has passed through reading:

“Today, history was made.  The Harper government passed Bill C-45, a bill that strips down First Nations Treaty rights and protection and diminishes the democracy of this country.  We have seen the erosion of our people’s Treaty rights throughout various forms of legislation in the past, but this bill is proof the government holds little stock in our rights and title and is attempting to create more loop holes for industry to continue annihilating our lands,” stated Chief Allan Adam of the Athabasca Chipewyan First Nation. “We hope the public outcry against this undemocratic and racist piece of legislation will continue. I support our leaders on hunger strikes, our people putting up protests and all those doing what they can to ensure that our rights no longer fall between the cracks.”

 

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For more information contact:

Chief Allan Adam, Athabasca Chipewyan First Nation 780-713-1220

Eriel Deranger, Communication Coordinator ACFN 780-903-6598