Athabasca Chipewyan First Nation (ACFN) Supplemental Social, Economic and Cultural Effects Submission for Shell Canada’s Proposed Jackpine Mine Expansion September 29, 2012 Alistair MacDonald (The Firelight Group Research Cooperative) Athabasca Chipewyan First Nation (ACFN) Supplemental Social, Economic and Cultural Effects Submission for Shell Canada’s Proposed Jackpine Mine Expansion Disclaimer The information contained in this report is based on research conducted by The Firelight Group Research Cooperative in 2012, as well as published works and archival research. It reflects the understanding of the author, and is not a complete depiction of the dynamic and living system of use and knowledge maintained by ACFN elders and members. The information contained herein should not be construed as to define, limit or otherwise constrain the Treaty and aboriginal rights of Athabasca Chipewyan First Nation or other First Nations or aboriginal peoples. Authored by: Alistair MacDonald (The Firelight Group Research Cooperative) On behalf of: Athabasca Chipewyan First Nation (ACFN) Submitted to: The Athabasca Chipewyan First Nation (ACFN) for transmittal to the Joint Review Panel for the Shell Jackpine Mine Expansion Project September 29, 2012 Extended Summary This report provides information about social, economic and cultural change experienced by the Athabasca Chipewyan First Nation (ACFN) and its members over time and anticipated in the future, especially in relation to impacts from the oil sands sector generally, and the proposed Shell Canada (Shell or the Proponent) Jackpine Mine Expansion (JPME or the Project). The perspectives of ACFN members, gathered through community-based sessions, are the primary sources for the data. Shell provided funding for this study, which was designed to directly engage ACFN members and fill some of the gaps identified in the Proponent’s socio-economic and cultural impact assessments in support of the Project. Jackpine Mine Expansion Project Description The proposed Jackpine Mine Expansion (JPME) would be an open pit oil sands mine located within the Muskeg River watershed immediately south of the Firebag River. If approved, the JPME would increase the maximum rate of production at the current Jackpine Mine and allow active mining to continue until at least 2050. The total land proposed to be disturbed by the combined mine is approximately 21,000 hectares. Development of the JPME would entail diverting multiple streams, the construction of new infrastructure, facilities, and an external tailings disposal area. It is understood at this time, but open to confirmation, that Shell proposes to continue a fly-in/fly-out (FIFO) option for Fort Chipewyan residents. The Proponent predicts the JPME would cause no unacceptable environmental or socioeconomic effects if the Proponent’s proposed mitigation and monitoring is put in place. Athabasca Chipewyan First Nation in Context The ACFN is part of the larger Dené sułine cultural group, whose traditional territories include portions of what is now the NWT, Nunavut and northern Alberta, Saskatchewan and Manitoba. ACFN members have used the Peace and Athabasca Rivers, Delta, and tributaries for thousands of years for hunting, trapping, fishing, harvesting resources for their sustenance, and other cultural practices. There is a strong perception among ACFN members that the right to continue these practices, guaranteed by Treaty 8, have been infringed upon by government policy and industry uptake of lands over time. From the late 18th to the early 20th century, trapping for the fur trade was an integral component of the ACFN economy. With the rise of the registered trapline system and increased competition from non-Aboriginal hunters in the 1920s, followed by declining furbearer populations and declining fur prices in the late 1960s, reliance on government assistance for basic sustenance became common. Water levels fell throughout the Peace Athabasca Delta after the construction of the WAC Bennett dam in 1968, resulting in adverse effects on land accessibility and wildlife populations, and prompting many ACFN members to move off reserve lands to Fort Chipewyan, where they encountered an acute housing shortage which persists to the present day. In addition to the displacement from land and depletion of food resources caused by dam construction, early 20th century government policies and initiatives were responsible for the disruption of families through the placement of children in residential schools, and the suppression of cultural practices, ceremonies, skills, and languages. These are perceived to have led directly to current high levels of social dysfunction and substance abuse. Oil Sands Impacts in Context Early oil sands developments were seen as both a boon and a burden: while some welcomed the increased wage and economic opportunities, others observed the early pollution effects on the land and the out-migration of job-seekers from Fort Chipewyan, which caused family disruptions. In the 1980s, the environmental effects of the oil sands started being felt along the Athabasca River and in ACFN’s traditional territory. ACFN elders reported that they stopped fishing on the Athabasca River downstream from the oil sands primary disturbance zone shortly after a Suncor oil spill in 1982, which is also blamed for helping close the commercial fishing sector. Rapid expansion of oil sands development in the 1990s resulted in a regional population boom and a more robust wage economy in the 2000s. Industry development has been accompanied by an observed decline closer to Fort Chipewyan in ecosystem and human health, a decrease in meaningful access to land, and reduced ACFN member ability to practice their land-based culture. In 1995, the Regional Municipality of Wood Buffalo was created, in part to respond to the oil- sands-sector-driven, exponential population growth in Fort McMurray. With this new administrative body came feelings of political and economic marginalization in smaller, outlying RMWB communities including Fort Chipewyan. ACFN Values and Valued Social, Economic and Cultural Components Cultural and social priorities identified by ACFN members are primarily related to a desire for the continued ability to: practice a traditional way of life (including the meaningful practice of Treaty 8 rights and the retention and passing on of traditional knowledge and cultural practices); maintain a healthy environment; keep and strengthen family ties (through strong social values of respect, sharing, reciprocity and fairness, and strong extended family units); keep and strengthen community services and relations (through effective governance, infrastructure and housing development, and education improvement and diversification); sustain physical, mental, emotional, and spiritual health (through better access to health services, social services, and substance abuse programs); and encourage economic sustainability (through the management of food and fuel prices, business development, and active participation, reciprocity and sharing in benefits of development plans). ACFN Key Concerns Regarding Effects of Changes to the Land ACFN’s traditional territory has, since time immemorial, provided all of the necessary physical means to support human survival, especially through the provision of adequate and clean water and country food. Connection to land also provides a spiritual and cultural sense of identity and solace. The area that would be impacted by the JPME is an important part of ACFN traditional territory. In particular, ACFN members express strong attachment to the Poplar Point Reserve, which is used as a home, gathering place, harvesting site, and for other cultural practices. One ACFN member has a trapline that would be 60 per cent impacted if the JPME proceeds as proposed. The project has the potential to cause cultural, spiritual, and harvesting losses; psycho-social effects; and a loss of connection to the land. No beneficial changes to the land were identified as possible results from the development of the area. As proposed, the JPME will limit the ACFN’s ability to practice a traditional way of life, as it will cause a physical reduction of the area available for traditional harvesting (due to the project footprint); a reduction in wildlife numbers and altered distribution (through habitat fragmentation, sensory disturbance effect, reduced vegetation abundance, etc.); bioaccumulation of toxins in the food chain; reduced access to lands (because of fencing, gating, security patrols, reduced water level on waterways); increased access to outsiders; sensory disturbances; increased air emissions and deposition; and physical destruction and re-routing of waterways. Social Effects of Changes on the Land Human health effects are the most prevalent of all social concerns. These are manifest in concerns about air quality (both particulate matter and noxious gases); surface and ground water quality (for human and wildlife use); contamination of country foods (through water, land, and air pollution); and psycho-social effects of land changes and destruction. Perceived health risks in the environment have multiple impacts: fear of wildlife being exposed to pollution contributes to a lack of faith in the safety of country foods, which can lead to reduced consumption of country food, with attendant negative outcomes for human health, all of which contribute to a loss of access and enjoyment of traditional activities on the land. Increased use of the winter road and highway