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Can't Live Without Work (1999)

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Can't Live Without Work (1999) Can’t Live Without Work North Slave Metis Alliance Environmental, Social, Economic and Cultural Concerns: A Companion to the Comprehensive Study Report on the Diavik Diamonds Project Copyright Of The North Slave Metis Alliance July 1999 (First Printing) July 2000 (Second Printing) May 2001 (Third printing) Front Cover Photograph: Fishing at Grandin Lake. Ernie Camsell (L) and Augustin Lafferty Photo Courtesy of Edward Lafferty 2 Contributors North Slave Metis Alliance Steering Committee and Researchers Front Row L to R: Clem Paul (Ex-officio), Ernie Camsell, Edward Lafferty, Alice Lafferty. Back Row L to R: Jennifer Bellman, Marie Dautel, Marc Stevenson, Robert Turner, James Lafferty, Roberta (Bobbi) Bulmer, Caroline MacKay, Dianna Beck Principal Contributor/Researcher Dr. Marc G. Stevenson Contributing Researcher J. Michael Thoms Assistant Researchers Jennifer Bellman, Caroline MacKay Editors Robert Turner Clem Paul Katherine E. Arden Graeme Dargo Board of Director's Clem Paul – President, Marie Dautel – Director, Ernie Camsell - Vice President, Eddie Mercredi – Director, Robert Turner - Secretary - Treasurer 3 North Slave Metis Alliance – Environmental, Social, Economic & Cultural Concerns Table of Contents 1.0 EXECUTIVE SUMMARY…………………………………………5 INTRODUCTION…………………………………………………14 2.0 STRONG LIKE TWO PEOPLE: NORTH SLAVE MÉTIS HISTORY…………………………………………………………..18 3.0 RESOURCE DEVELOPMENT ON ABORIGINAL LAND: THE DUTY TO CONSULT…………………………………………….75 4.0 A METHODOLOGY TO ADDRESS ABORIGINAL RIGHTS, ISSUES AND CONCERNS IN ENVIRONMENTAL ASSESSMENT……………………………………………………..86 5.0 ENVIRONMENTAL IMPACTS…………………………………93 6.0 SOCIAL, ECONOMIC AND CULTURAL IMPACTS…………152 7.0 ADDRESSING OUR CONCERNS: SPECIFIC RECOMMENDATIONS FOR ASSESSING, MONITORING and MITIGATING IMPACTS………………………………………...227 8.0 CONCLUSIONS: FINDING BALANCE and CREATING CERTAINTY………………………………………………………295 APPENDICES…………………………………………………………….305 INDEX……………………………………………………………………..310 4 North Slave Metis Alliance – Environmental, Social, Economic & Cultural Concerns EXECUTIVE SUMMARY BACKGROUND TO THE REPORT The North Slave Metis have occupied and used the North Slave region for over 200 years. During this time we developed distinctive social and economic patterns and traditions that define us as people, a culture and a community that possess Aboriginal and (Treaty rights as defined under s. 35(1 and 2) of the Canadian Constitution Act. As the present millennium draws to a close, we find that our rights to live as we choose, just as our forefathers did, are threatened by a host of forces beyond our current ability to manage or control. There is no threat that is currently more pressing than the anticipated impacts of the Diavik project and other diamond mines on our lands, resources, community, economy, and culture. If it’s impacts are known and properly managed, Diavik has the potential to create jobs, diversify local economies through secondary industry and bring wealth to our people at minimal cost to our community and the land and animals upon which we depend for physical, social, cultural and spiritual survival. If the impacts of the Diavik mine are not properly assessed, monitored and mitigated, it has the potential to destroy our lands and resources, our way of life and our people. The North Slave Metis Alliance (NSMA) takes no comfort in Diavik's or the Responsible Authorities (RA's) efforts to convince us and other affected Aboriginal groups that the Diavik project is sustainable. In particular, Diavik's assessments of its potential impacts have failed the North Slave Metis. Critical data required under the Act and the Environmental Assessment Guidelines issued by the RA’s were never collected. Throughout the environmental assessment (EA) process, the NSMA did not possess the community level (or generated) data necessary to make informed decisions about the social, economic, cultural, and environmental impacts of the Diavik mine. As a result, the NSMA finds itself in the awkward position of having to play "catch-up" in order that our voice be heard and that our concerns be addressed before the Minister makes her decision about the sustainability of the Diavik project. We are dismayed that the RA's in the Comprehensive Study Report (CSR) chose to argue that Diavik's Environmental Assessment (EA) was adequate rather than exposing it as the superficial and perfunctory effort, which it ultimately became. After four years of meeting with Aboriginal communities, of listening to Aboriginal people express their fears, desires and concerns about its proposed diamond mine, Diavik failed to address the concerns or grasp the realities of Aboriginal communities. Diavik extended its hand and lent its ears to Aboriginal communities, but it refused to engage us on a level that would make a difference for the project, for us, for everyone. Our greatest fear, then, is that the Diavik project, far from being empowering, will perpetuate and strengthen the status quo, 5 North Slave Metis Alliance – Environmental, Social, Economic & Cultural Concerns which is neither acceptable nor sustainable. The RA's attempt to disguise uncertainties and portray Diavik's EA as a "jolly good effort" rather than to conduct a fair and impartial review consistent with the spirit and intent of the Canadian Environmental Assessment Act (CEAA), misleads the Minister and fails to uphold the Crown's statutory and fiduciary obligations. Neither Diavik nor government has given the NSMA any assurance that the Diavik project is anything more than a "big experiment" and that we, the Aboriginal people of the region, are the “guinea pigs”. Diavik's assessment of its impacts and cumulative effects on caribou, fish, individuals, families, and Aboriginal communities creates certainty for no one. Cumulative, social, and cultural impacts are not unknowable and difficult to assess and measure as Diavik asserts. Rather, based on North Slave Metis experiential knowledge presented throughout this report, these impacts may be among the most damaging if the Diavik project receives regulatory approval. Federal government personnel must shoulder some of the blame for the failure of Diavik's EA to adequately address Aboriginal concerns and issues, particularly those of the NSMA. The inability and/or refusal of the government to extend appropriate advice, guidance and direction to Diavik in regard to Aboriginal and Treaty rights and other issues in no way assisted Diavik to meet the Environmental Assessment Guidelines. More importantly, the RA's must be held accountable for misleading the public and the Minister about the adequacy of both Diavik's EA and their "comprehensive" evaluation of it. Prior to the release of Diavik's EA, the NSMA expressed concerns to both government and Diavik about serious data shortfalls in respect to the NSMA (e.g. base-line data on population, living conditions, etc.). On September 25, 1998, our suspicions of exclusion were confirmed when Diavik released its EA to the public. The NSMA was left without the community level data required to assess the impacts and make informed decisions about the Diavik project on our lands, resources, economy, culture and community. On January 21st, 1999, the RA's determined that Diavik had not presented critical information in seven key areas in respect to the North Slave Metis. Specifically, the RA's established that Diavik had not incorporated our traditional knowledge into its report (Guideline 1109); not analyzed the potential project effects on our social and cultural patterns using indicators defined by the NSMA (Guidelines 3215 and 3217); not determined the relationship between the wage economy and the harvesting economy for the North Slave Metis (Guideline 3220); not determined the effects of the project on our traditional economy (Guideline 3220); not conducted a land use survey with the North Slave Metis or assessed the effects of the project on changes in our land use (Guideline 32?4); and not conducted a heritage resources study with the NSMA to properly ascertain the effects of the project on heritage resources (Guideline 3234). Thus, with the full support of DIAND, Diavik and the GNWT, the NSMA set 6 North Slave Metis Alliance – Environmental, Social, Economic & Cultural Concerns about to address some of these data deficiencies. What followed was as mystifying as it was unconscionable. Before the final release of the CSR, various drafts of relevant chapters were placed on the Public Registry. In an initial draft, the NSMA was alarmed to find numerous inaccuracies and misrepresentations of the EA process, including its deficiencies to the Minister of the Environment. To correct these problems, DIAND proposed a meeting with the NSMA (see minutes of the Steering Committee meeting for 30 April, 1999). In a working document prepared for this meeting, the NSMA advised DIAND that: The RAs have a responsibility to adequately and accurately describe the environmental assessment process, including its deficiencies and outstanding issues, clearly to the Minister of the Environment. The honour of the Crown rests upon fulfilling this duty. The Crown should also want to avoid exposing the Minister to the problems that will occur if deficiencies, outstanding issues, and vague explanations of the EA process in the existing draft of the CSR are not clarified. 1 At this meeting, DIAND agreed that our concerns were well-founded and set about to more accurately describe deficiencies in the EA, which, for the most part, it did. Further improvements were negotiated in a telephone meeting
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