THE POINT of NO RETURN All Rights Reserved

Home , Cree, Dene, Helen Knott, Treaty 8

TABLED DOCUMENT 119-18(3) TABLED ON MARCH 1, 2018 THE POINT OF NO RETURN All rights reserved. This publication is copyright, but may be reproduced by any method without fee for advocacy, campaigning and teaching purposes, but not for resale.

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©Amnesty International 2016

First published in 2016 Index: AMR 20/428112016 by Amnesty International Ltd Original language: English Peter Benenson House, 1 Easton Printed by Amnesty International, Street, London WClX ODW, UK International Secretariat, UK

Cover Photo: Jason Dick and Dakota Kesick dance in traditional regalia overlooking the Peace and Moberly Rivers where the British Columbia public energy utility BC Hydro began construction of the Site C dam in 2015. © Little lnuk Photography AMNESTY Jt amnesty.org INTERNATIONAL qf The government of British Columbia ability of Indigenous peoples to carry out "We've never said no (BC) is pushing ahead with construction crucial cultural and economic practices of a massive hydro-electric dam in the such as hunting and fishing. A group of to the production northeast of the province, despite vigorous Canadian academics who reviewed the opposition by Indigenous peoples who assessment concluded that the "number would be severely harmed by the loss of a and scope" of harms identified by the of energy. We've said, vital part of their traditional territories. assessment was "unprecedented in the history of environmental assessment in let's protect the valley. If completed , the Site C dam would turn Canada."1 an 83 km long stretch of the Peace River It's the last piece of Valley into a reservoir. More than 20 km of The ability of Indigenous peoples in its tributaries would also be flooded. northeast BC to exercise their rights our backyard that's to culture, livelihood, and hea lth has This land has unique significance to already been severely undermined by relatively untouched. " the Dane-zaa, Cree, Metis and other extensive resource development in the Indigenous peoples of the region. An region. The decision-making process - Chief Roland Willson, independent environmental assessment leading to the approval of the Site C West Moberly First Nations conducted on behalf of the federal and dam failed to give proper consideration provincial governments concluded that to Canada's legal obligations to protect the dam would "severely undermine" the Indigenous rights as set out in an historic

AMNESTY INTERNATIONAL 3 If completed, the Site C treaty between First Nations and the state, Amnesty International has cal led for an the Ca nadian Constitution, and international immediate halt to the construction of the 2 dam would turn an human rights law. Although the federa l and Site C dam , as have regiona l and national provincial governments have both asserted Indigenous peoples' orga nizations, and a 83 km long stretch of that the harms caused by the dam are wide range of environmenta l, faith, and justified, the actual need for the dam has social justice organizations.3 Two Fi rst the Peace River Valley not been clea rly established and alternatives Nations located close to the planned flood have not been properly explored. zone are currently challenging the dam into a reservoir. in court, as is a group of non-I ndigenous Amnesty International is also concerned farmers and other local landowners. These about the impact of the large numbers of legal challenges may not be resolved before More than 20 km of its workers being brought into the region to work the dam is completed. on construction of the dam. The reliance tributaries would also on short-term and temporary workers from Resource development projects can play other regions to meet the labour demands an important role in meeting society's be flooded. of the natural resource sector in northeast needs. However, Ca nadian and international BC has already strained local infrastructure law require a high and rigorous standard and services. The decision-making process of protection to ensure that Indigenous around the Site C dam failed to examine peoples, who have already endured how an influx of more temporary workers decades of marginalization , discrimination, cou ld specifica lly disadva ntage women dispossession, and impoverishment, are or increase risks to their safety. This not further harmed by development on omission is particularly concerning given their lands and territories. As a general national and international attention to the rule, the risk of serious harm to the rights of disproportionately high rates of violence Indigenous peoples requires that large-scale faced by Indigenous women and girls in resource development proceed on ly with British Columbia and across Canada. their free, prior and informed consent. 4

Source: Adapted from the report of the joint federal-provincial environmental impact assessment of the proposed Site C dam.

4 THE POINT OF NO RETURN: TH E HUMAN RIG HTSOF INDIGENOUS PEOPLES IN CANAD ATHREATENED BY THE SITE C DAM 6 >::> c. ;;J ;::"' Q v; · 0 ·"' EVERYTHING

"The damage that this Site C is going to do, I don't even know how to explain 11, •says Georges Desjarlais, who is training to be spiritual leader for the West Moberly First Nations. It's a good place to hunt. And now in the last hundred years or so, it's become prime farmland.•

Indigenous people make up just over ceremon ies and harvest wi ld foods, Indigenous knowledge and traditions are 12 percent of the permanent population of Indigenous women and men provide for often associated with specific places. For 5 northeast British Columbia . Archaeological many of the basic needs of their fam ilies example, a specific area where women evidence shows that Indigenous peoples and communities, wh ile also maintaining have picked plant medicines and berries have lived in the Peace River region for and revita lizing cultures and traditions for generations may be associated with more than 10,000 years. First Nations have that have been underm ined and attacked particular stories and teachings that identified hundreds of sites in the planned throughout Ca nada's history. Roland are integral to the cu lture. Loss of these Site C flood zone that are sacred or of other Willson, Chief of the West Moberly First specific places can erode trad itiona l cu ltural and historic significance. Nations, says of the Peace River Valley, knowledge and teachings. "Everything we need is here." "My people, they've used that river as a The Peace River Valley is pa rticularly corridor, almost like what you call a major The valley is prime habitat for moose, important because it is close to a number highway, for years and years and years," which is a critical species for the traditional of First Nations communities, includ ing says George Desjarlais, an elder-in-training diet of Indigenous peoples in the Peace West Moberly and Prophet River. The va lley from the West Moberly First Nations. River region, and for other animals such is the most pristi ne natural area within easy "There are grave sites and graveyards and as bears and eagles that have profound reach of these comm unities. Many of the village areas where they used to camp in cultural and sacred significance . The other areas that remain relatively intact are the summer or the winter. Some of those Site C dam would flood a series of sma ll much more remote and therefore difficult islands are considered sacred places, one islands where moose take shelter when for community members, especia lly elders of them being Vision Quest Island, which is they are ca lving. The dam also potentially and youth, to access. where, when the time comes, I'm going to jeopardizes migration of an already be doing a vision quest." threatened fish species, the bull trout, Helen Knott, a socia l worker from the which is of particular cultural importance. Prophet River First Nation, says it is vital for Although there are no First Nations or In addition, methyl mercury released by young people to have the experience Melis communities located within the the flooding of the land could make fish of going out on the land with their elders. planned flood zone, Indigenous peoples from these waters unsafe to eat for at least "All my grandmother's stories are rely on the va lley to hunt, fish, trap, and 20 to 30 years, effectively a generation in connected to land ," Helen says. "It's like gather berries and plant medicines. By the life of the affected communities. 6 that for all our elders. You have to be on the continuing to go out on the land to conduct land to be able to share those memories. "

AMNESTY INTERNATIONAL 5

Elder Lillian Gauthier says "everything will change• with the construction of the Site C dam. "Then what are we going to live onr

Dane-Zaa elder Li llian Gauthier says she house at Sa ultea u. She makes moccasins pass on ski lls and knowledge to the next could live without electric lights and a and other clothing from moose hide generation. fridge but she'd be "lost" if her fami ly and beads them in elaborate, traditional could no longer hunt moose. Lill ian said, designs. Today, however, the place where Lill ian's "That's what we've lived on as long as I fami ly used to camp has been destroyed can re member." The pride Lillian takes in her skills, and by logging. Li ll ian says berry patches are the pleasure with which she talks about harder to find . The springs and streams The Peace River Va lley crosses the life on the land, echoes the words of other that provide drinking water for people eastern slopes of the Rocky Mountains, elders from the region. In a submission when they are out on the land have flowing into the neighbouring province of to the environmental assessment of the become dirty and contam inated or have Alberta and eventually north to the Arctic. Site C dam, the Treaty 8 Tribal Association dried up entirely. Moose have become The va lley is part of an important wildlife summarized conversations with First scarce. "Now you can go out days and corridor stretching from the interior of Nations elders about what they consider days and never even get a moose," Lillian British Columbia and Alberta north to the "a good life ." "Being on the land makes says. Yukon. Elders like Lil lia n Gauth ier reca ll Dane-zaa people happy and promotes that moose, fish, ducks, geese, and wild wellness," the Tri bal Association wrote. Li llian blames these changes on the berries were abundant when they grew "People are happiest and strongest when massive scale of resou rce development up and that good hun ters cou ld afford to out on the land and rivers. "7 in the region and on the pressures from share what they harvested with the whole the rapidly growing population of non comm unity. Lill ian Gauthier told Amnesty International Indigenous people who have been drawn how her whole fam ily, including au nts, to the region by industry. Lill ian worries Lil lia n, now 76, grew up at West Moberly uncles, and cousins, used go out on the tha t the additional impact of the Site C and moved to the nearby Sa ulteau First land together for weeks at a time, to hunt dam could be more harm than the land, Nation after she ma rried a man from that and to preserve the meat and hides. lime and her people, can hand le. comm unity. Li llia n reca lls how her mother together on the land reinforces family taught her how to tra p when she was 10. bonds and provides the opportunity to "Everything will change," Li llian says. Li llia n still dries meat on a rack beside her "Then what are we going to live on?"

AMNESTY INTERNATIONAL 7 ~ THE LAST PIECE

Stanley Napoleon at his house on Moberly Lake. He says the cumulative impacts of resource development in northeast BC •are just unreal.•

Just over 110 km2, or 0.2 percent of done to the Tsay Keh Dene and Kwadacha This is in addition to extensive oil extraction, northeast BC, is set aside as forma lly First Nations. Speaking at the opening mining, and logging. recognized First Nations reserve lands. of the exhibit, a BC Hydro spokesperson This land base is not enough to sustain said that the utility "deeply regrets those A report by Global Forest Watch Canada First Nations cu ltures and traditions. impacts and we comm it that we will not found that by 2012 more than 16,000 oil repeat the mistakes of the past." 8 and gas wells had been drilled in the region Indigenous peoples have ongoing rights and more than 45,000 km of roads had to harvest wi ld foods and practice their The Bennett dam's large reservoir cut off been opened. The study concluded that customs throughout their broader traditional anima l migration routes and is blamed for more than 20 percent of land in the region territories. These rights are recognized in the drowning deaths of hundreds of moose had been directly affected by some form of historic treaties between Indigenous peoples and caribou. 9 There are also ongoing, industrial development, including access and the state, in the Canadian Constitution unresolved concerns about mercury roads, pipelines and seismic exploration, and its interpretation by Canadia n courts, contamination in the reservoir. A study and that two-thirds of al l land in the Peace and in international human rights law. comm issioned by the West Moberly First River watershed was within five km of such However, a half century of intensive resource Nations found that virtually all the trout development. 10 development in northeast BC has meant that caught by the community on one of the there are fewer and fewer places left where rivers flowing into the Wi lliston Reservoir Much of the natural gas in northeast BC is this is possible. had mercury contamination exceeding "sour gas" meaning that it is contaminated provincial health guidelines. The West with deadly hydrogen sulphide. Leaks of Intensive resource development in the Moberly First Nations believe this this "sour" gas have forced evacuations Peace River Valley began in the 1960s. contamination is a li ngering consequence and relocation of Indigenous communities. A large hydroelectric dam further of the construction of the Bennett dam a In 1979, the Blueberry River First Nations upstream on the Peace River - the W.A.C. half-centu ry earlier. reserve, which has around 250 residents, Bennett Dam - flooded more than 1,400 was forced to relocate after a massive sour km2 of forest and forcibly displaced The energy produced by the Bennett dam , gas release. Overcrowding is now a major hundreds of people from the Tsay Keh and the infrastructure associated with it and issue in the community. Land available for Dene and Kwadacha First Nations. with a subsequent smaller dam called the housing is severely limited by the proximity A compensation agreement was only Peace Canyon Dam, helped spur a resource of other sour gas installations that make reached in 2006. In 2016, BC Hydro, development boom in northeast BC. Canada parts of the reserve unsafe for occupation. the public utility which built and operates is the world's fifth largest producer of natural the dam, opened a public display at the gas. Approximately one-third of Canada's As is the case in oil and gas development dam itself that acknowledged the ha rm production takes place in northeast BC. in other regions, an increasing number

8 THE POINT OF NO RETURN: THE HUMANR IGHTS OF INDIGENOUS PEOPLES INCANADA THREATENED BY THE SITEC DAM "... we commit that we will not repeat the mistakes of the past."

- BC Hydro spokesperson at the opening of an exhibit (shown on the right) acknowledging the harm done to First Nations by the province's first major dam on the Peace River.

of operations in northeast BC rely on "The cumulative impacts are just unreal," dam, the province also approved four new the process of hydraulic fracturing, or says Stanley Napoleon, a former council large oil and gas pipelines in the region. The "fracking," in which a pressurized mix member at the Saulteau First Nation and province's projections at the time predicted of water and chemicals is used to open one of the founders of the Treaty 8 Tribal that some 60 major resource development seams of previously inaccessible gas. Association. "How much more can our projects would get underway in northeast Hydraulic fracturing uses large quantities land take?" BC in the coming decade. of water and raises concerns about future impacts on groundwater. The environ mental assessment of the First Nations in northeast BC have been Site C dam noted that the project had innovative in how they adapt to and attempt Resource extraction has also led to rapid come forward without "a comprehensive to benefit from the industrialization of their population growth in the region . Prior to land use planning vision" for the region. traditiona l territories. The West Moberly the construction of the Bennett Dam, the Each month, hundreds of licenses and First Nations, for example, developed a population of the urban centre of Fort permits are granted for resource extraction greenhouse program to cultivate native St. John was less than 4,000 people. In operations in the region. First Nations are plants and has entered into agreements 2015, the official population figure for Fort notified of the proposals and provided with resource companies to use these St. John was just over 20,000 people, a short window to respond. In the case plants, instead of invasive foreign species, with around 40,000 more people living in of the largest projects like Site C, there in their restoration activities. In this way, the smaller cities and towns in the region. may also be a public review process. nation has been able to reduce the negative However, there was no wider process to impact of industrial activities while creating There is also a very large, uncounted identify priorities for land use, including jobs in their community that are consistent population of temporary and transient exercise of Indigenous rights, and ensure with their va lues. workers employed in resource that these are respected in the individua l, development. While the exact number case-by-case decisions that are made. In early 2016, West Moberly entered into of temporary workers is not known, an agreement in principle with the BC estimates for the regio n range from The Site C environmental assessment government to develop a shared land-use 10,000 to 20,000, depending on industry recommended that a regional baseline planning framework in which certain areas, cycles. More than 1,500 work ca mps study be carried out and other tools particularly the high mounta in slopes, have been built to house temporary adopted for "eva luating the effects of would be protected for uses prioritized by workers and workers at remote sites multiple, projects in a rapidly developing Indigenous peoples, including conservation in northeast BC. While most are small, region." Without such a comprehensive of endangered caribou herds. However, housing only a few workers, at least assessment and planning process, it the province has unilatera lly excluded the 15 could potentially house hundreds is doubtful that the ful l extent of the possibility of protecting Indigenous land use of workers. 11 impacts of a project like Site C can be fully in the Peace River Valley where it is building understood, much less addressed. the Site C dam. Extensive road construction, and the clea ri ng of long strips of forest for oi l and With a global downturn in commodity Chief Wi llson says First Nations like West gas exploration, has fragmented wildlife prices, resource development in Moberly have demonstrated their wi llingness habitat, making much of the territory northeast BC entered a dramatic slump to work with the province and the resource accessible to hunters and fishers with in 2015. However, the province's long sector, but that there have to be limits on recreational vehicles. As a result, hunters term plans for the region still anticipate the land taken up for resource development. and fishers among the non-Indigenous greatly expanded natural gas production, "We've never said no to the production of population compete with Indigenous including developing capacity to convert energy. We've said, let's protect the va lley," people for dwindli ng harvests. natural gas to a compressed liquefied form says Chief Willson. "It's the last piece of our for export. When it approved the Site C backyard that's relatively untouched."

AMNESTYI NTERNATIONAL 9 THE POINT OF NO RETURN

The Peace River Va lley falls within the though historic treaties like Treaty 8 can "My major concern with bounds of Treaty 8, an historic treaty simply be ignored . In fact, the Supreme between First Nations and the Canadian Court of Canada stated that historic treaties the impact of Site C is state that recognizes the right of First must be given a "liberal", contemporary Nations to "pursue their usual vocations of interpretation that is consistent with hunting, tra pping and fishing throughout the promises made to Indigenous that this is my home .... the tract. " The continued obligation to peoples during the negotiations and with uphold such treaties is enshrined in the Indigenous peoples' own understandings This is where I want to Ca nadian Constitution and international of the agreements reached .12 human rights standards such as the raise my children and United Nations Declaration on the Rights Decisions on whether resou rce proposals of Indigenous Peoples. should proceed are governed by a variety my grandchildren. of laws at the federa l, provincial, and Helen Knott's great-great-grandfather territorial levels in Canada . Many of these This is where my people signed Treaty 8 on behalf of his people. laws, such as the Canadian Environmental Helen says that if the remaining lands in Assessment Act 2012, give government are from. And what will the valley are now flooded, the promise broad discretion over what factors will of that treaty will have been violated. "My be considered in a review, or if a review we have left? That's the major concern with the impact of Site C is will be conducted at all. Assessments that this is my home," she says. "This is under the federal act can make only part that scares me. " where I want to raise my chi ldren and my recommendations. The final decision is grandchildren. This is where my people made by government. - Helen Knott, social worker, are from. And what wi ll we have left? That's the part that scares me." First Nations had ca lled for the Prophet River First Nation assessment of the Site C dam to include Treaties negotiated in recent decades, consideration of whether the plans were such as the 1999 Nisga'a Agreement in consistent with the government's legal Two of the First Nations most directly BC, set out the respective jurisdictions obligations under Treaty 8 and with other affected by the Site C dam, West Moberly of Indigenous and non-Indigenous constitutionally-protected Indigenous and Prophet River, have initiated a series of governments in land use decisions. Treaties rights. The federa l and provincial legal chal lenges to the federal and provincia l negotiated in the 1800s and early 1900s governments refused to do so and decisions authorizing construction of the such as Treaty 8, did not. The federal and explicitly excluded such legal findings from dam. At the time of writing, these legal provincial governments have often acted as the terms of reference for the assessment. chal lenges remain unresolved.

The federal government has responded by claiming that Indigenous peoples have the onus to prove that their treaty rights have been violated and that the standard for such proof req uires a much more rigorous review of the evidence than was al lowed for in its own decision-making process. The government has taken the position that it can only be compelled to act to protect treaty rights as the result of a full trial - ra ther than the more expeditious judicial reviews currently underway - in which a new body of evidence of Indigenous land use in the region would be examined. Such a trial could take a decade or longer to be resolved .

Opposition to the Site C Dam has brought together a large and diverse movement of Indigenous peoples, The Inter-American Commission on non-Indigenous farmers and landowners from the Peace Valley, and environmental groups. In the photo: Human Rights has previously ruled that the Yvonne Tupper, Saulteau First Nation and Treaty 8 Stewards of the Land; Arlene Boon, Peace River Valley Landowners Association; Saulteau elder Della Owens; and community member Amy Meyer. "One day I'm necessity for Indigenous peoples in Canada gomg to be a grand-mother, " says Yvonne Tupper. ·we have to leave something for our grandchildren." to undertake long and expensive legal

10 THE POINT OF NO RETURN: THE HUMAN RIGHTS OF INDIGENOUS PEOPLES IN CANADA TH REATENED BYTHE SITE C DAM proceedings to prove their rights is contrary forest in the planned flood zone. BC Hydro can say to the court, it's already gone too to international standards of justice.13 has stated that in the first 100 days of far to pull back." construction, it cleared more than 5.3 In the meantime, BC Hydro, the public km2 of land. Th is includes previously In January 2016, the provincial premier, energy utility that is building the Site und isturbed forest. Chief Willson has Christy Clark, said of the Site C dam, C dam, has moved ahead rapid ly with cha racterized these actions as "trying to "I will get it finished. I wi ll get it past the constructing work camps and clearing push as fast they can as they ca n so they point of no return." 14

THE MEETING POINT OF THE PEACE AND MOBERLY RIVERS , TAKEN BEFORE AND AFTER CONSTRUCTION OF THE SITE C DAM BEGAN IN 2015. VIOLENCE AGAINST INDIGENOUS WOMEN AND GIRLS IN CANADA

A combination of racism and discrimination fuels violence against Indigenous women and girls within both the home and the community, and denies them the protection and support they

According to 2015 government statistics, Indigenous women and girls across Canada are at least three times more li kely to experience violence than all other women and girls and at least six times more likely to be murdered. Because a gulf of mistrust between Indigenous communities and the police leads to the underreporting of crimes against Indigenous people, because police often fail to accurately record when victims of Silhouettes of women placed along the highway outside Fort St. John to draw crime are Indigenous, and because the crime statistics exclude attention the missing and murdered Indigenous women of the region. unsolved missing persons cases and suspicious deaths where Indigenous women are also overrepresented, it is likely that threats faced by Indigenous women and girls are even greater than acknowledged. economic marginalization, and inadequate access to safe, affordable housing. The CEDAW report concluded that Canada Indigenous women's organizations have long worked to draw was responsible for a "grave violation" of the rights of Indigenous attention to the violence faced by Indigenous women and girls. women and girls. A 2004 Amnesty International report, Stolen Sisters, found that a combination of racism and discrimination fuels violence aga inst In 2015, the federal government announced that it wou ld Indigenous women and girls within both the home and the conduct a national inquiry into the issue of missing and murdered community, and denies them the protection and support they Indigenous women and girls. requ ire to escape violence. The Stolen Sisters report concluded that police and government have long been aware of these patterns of violence but all too often failed to take adequate or appropriate action. FOOTNOTES In 2015, two separate investigations by international human 1 Committee on the Elimination of Discrimination against Women. rights bodies - the United Nations Committee on the Elimination Report of the inquiry concerning Canada of the Committee on the of Discrimination Against Women (CEDAW)I and the Inter Elimination of Discrimination against Women under article 8 of the American Commission on Human Rights2 - concluded that the Optional Protocol to the Convention on the Elimination of All Forms of federal government and the government of BC had failed to take Discrimination against Women. 30 March 2015. CEDAW/C/OP.8/CAN/l. reasona ble and adequate precautions to prevent violence against Indigenous women and girls. The two reports specifically referred 2 Inter-American Commission on Human Rights. Missing and to the failure to address underlying factors putting Indigenous murdered indigenous women in British Columbia, Canada. 2015. OEA/ women and girls at risk, including discrimination, social and Ser.I.Niii. Doc.30/14

12 THE POINT OF NO RETURN: THE HUMAN RIGHTS OF INDIGENOUS PEOPLES IN CANADA THREATENED BY THE SITE C DAM "i IT'S GOTTEN

Norma Podolecki and Geraldine Gauthier with a picture of their sister Lynn Gauthier, who was murdered by her spouse. They recall, "Nothing scared her or stopped her. She l1Ved life to the fullest.·

Jobs in the resource industry in the Peace has not kept up with the pace of growth. just one argument with their spouse away River region generally pay wages that are The assessment of the Site C dam noted , from being on the streets. It can be a very considerably higher than the national precarious situation. " average. The high wages attract thousands "Housing can become so scarce of workers from across the country. and expensive that those whose The tens of thousands of men who Industry depends on these short-term and wages are not directly tied to pass through the region for short-term temporary workers to ta ke jobs that ca nnot resource development sectors, such employment predictably include some be filled within the relatively sma ll local as teachers, medical practitioners, who are a threat to women's safety. These population . other essential social service dangers are accentuated by a work culture providers, and lower-wage workers or that is highly stressfu l and, for some, may While the high wages are attractive to disadvantaged populations, can find include binge-drinking and drug abuse in many, there is little job security. Seasonal themselves unable to afford suitable the down-time between shifts. cycles of work, and shifts in the resource accommodations. " 15 economy lead to frequent and abrupt In 2014, Fort St. John had the highest per layoffs. Furthermore, most of the high Sepa rate studies by the Fort St. John capital crime rate, and the highest case paying jobs go to men . On average, Women's Resource Society ("The Peace load per police officer, among 31 British women's wages in the region are actually Project") 16 and the Northern Health division Columbia municipalities of 15,000 people 17 18 below the national average for women. of the provincial health ministry , have or more. National statistics com pari ng Despite efforts to increase the numbers raised concerns about the impacts of the frequency and seriousness of violent of Indigenous workers employed in the resource development on women's safety crimes, ranked Fort St. John 11th among resource sector significant barriers remain in northeast BC. For many women , a 239 municipa lities across Canada. 19 and Indigenous workers report that they combination of low wages and high cost of are often the first to be let go. living ca n create a dangerous dependency Lillian Gauthier's da ughter, Lynn Gauthier, on a ma le partner with access to resource was brutally murdered by her spouse At the same time, the large numbers of industry wages. Housing shortages and in 2000 after a long history of domestic workers being brought into the region, inflated housing prices, in particular, violence. Her spouse had come to the and the high wages paid for ski lled jobs in can make it harder for women to escape region to work in the construction industry. extractives industries, have driven up local situations where their safety is at risk. One prices. The ava ilability of necessities such service provider told Amnesty International, The murder of Lynn Gauthier is one of many as housing, childcare and medical services "You'd be surprised how many women are accounts of murders, disappearances and

AMNESTY INTERNATI ONAL 13 "It's very easy to be an transient workers. She says, it's "imperative" interpreted narrowly as including on ly to talk a bout the violence that she and direct impacts of either the operation unknown in this town. You so many of her friends and fam ily have of the project or the loss of traditional experienced because the turmoil created livelihoods and food sources. Provincial can commit a crime and by resource development "real ly does legislation in BC includes "environmenta l, create a dangerous place for ou r women economic, social , heritage and health" no one knows who you and our young women coming up."20 effects. The assessment of the Site C dam was carried out jointly by the two levels of are. And I'm really scared Lynn Gauthier's sister, Geraldine Gauthier, government. Because of the provisions of told Amnesty International that she felt that the BC Environmenta l Assessment Act, the situation had actually "gotten worse loca l government and community groups because of these other big in this town." Li ke many other women were able to raise issues such as the Amnesty International spoke with, she felt impact on housing. However, there was no projects that are coming that the resource economy was addi ng to requirement to consider how these effects the danger. might have a different or greater impact into the community. " for women than for men. The assessment Critically, despite the wea lth that has been of the Site C dam, in particu lar, failed - Connie Greyeyes created by resource development, the to consider the specific impacts on women Amnesty International spoke with Indigenous women and girls. felt that not enough resources have been violent attacks on women - particularly devoted to add ressi ng women's safety and The absence of such a gender-based Indigenous women and girls - sha red with other needs. Fort St. John has a range of analysis is a critica l gap in the decision Amnesty International during research visits service organizations including a women's ma ki ng process. This ga p is all the more to northeast BC in 2015 and 2016. These shelter, a homeless shelter, and specific troubling given existing concerns about stories included accounts of domestic services for urban Indigenous people. violence against women in the region violence as well as encounters with strangers Under an innovative arrangement ca lled and overarching provincial and national that ranged from aggressive harassment to the Peace River Agreement (formerly Fair concerns about threats to the lives and brutal violence, including unsolicited offers of Share), the province transfers more than safety of Indigenous women and girls. drugs and money for sex, attempts to coerce $21 mil lion a yea r to the municipal budget them into vehicles with groups of men, to help "bridge the gap" between local tax BC Hydro has said that more than 1,200 sexual assault, and gang rapes. revenue and the burden of hosti ng such people have already been employed in a large portion of the province's resou rce the initial construction of the dam in While circumstances surrounding these sector. However, frontl ine workers told 2015 and 2016 and that the number of incidents va ry considerably, stories shared Amnesty International that funding for people employed on site will peak between by survivors and family members convey a basic services rema ins inadequate and 1,700 and 2, 100 people. BC Hydro has common sense of the pervasiveness and that they are consistently overwhelmed by committed to a number of measures to even "normalization" of violence, especia lly the demands in the community. help deal with the social impact of the for Indigenous women and gi rls. These Site C dam, including constructing large, accounts suggest that the marginalization The Fort St. John Women's Resource self-contained work camps to reduce the of Indigenous women, and the pervasive Society provided support to more than strain on local communities. BC Hyd ro has negative stereotyping of Indigenous 500 clients a month in 2015. Al most also committed to open a sma ll number of women in Canadian society, contribute th ree-quarters of the women and gi rls rental units and childcare spaces in Fort to Indigenous women and girls in Fort St. seeking help from the Women's Resou rce St. John and has made donations to loca l John being disproportionately targeted for Society are Indigenous. Amanda Trotter, service providers, including $50,000 to such harassment and violence. the Resource Society's Executive Director, local emergency and transitiona l housing says she's "terrified" by the gaps in the for women. While these initiat ives are Connie Greyeyes, one of the founders of services avai lable in the community and commendable, they have been made a local movement to honour the lives of the number of people at risk of falli ng without a transparent, public assessment Indigenous women and girls lost to violence, through these gaps. She says, "Nobody of the actual needs of the community. believes that the large numbers of short is asking the communities, 'What do you term and temporary workers in Fort St. John rea lly need?"' International human rights standards have made the community more unsafe for require states to take com prehensive women . She told Amnesty International, "It's Canadian laws governing resource measures to prevent violence against very easy to be an unknown in this town. development fail to provide a detailed women and girls, including addressing You can commit a crime and no one knows or rigorous framework for addressing factors that increase the risk for particular who you are. And I'm really scared because the social impacts of such projects. The women and girls. This responsibi lity of these other big projects that are coming key federal legislation, the Canadian extends to all political, lega l and into the community." Environmenta l Assessment Act, cal ls for administrative structures of the state, at all examination of impacts on "the hea lth and levels of government. Helen Knott has spoken out pu blicly about socio-economic conditions" of Indigenous being violently assaulted by a group of peoples. In practice th is has often been

14 THE POINT OF NO RETURN: THE HUMAN RIGHTS OFI NDIGENOUS PEOPLES IN CANADAT HREATENED BYT HE SITE C DAM THEIR DEFINITION OF CONSULTATION AND OURS ARE COMPLETELY DIFFERENT

First Nations drummers along the shores of the Peace River.

In a written response to Amnesty • the impacts on the rights and There is no indication on the public lnternational's concerns over the Site well-being of Indigenous peoples record that the province has ever seriously C dam, the BC Minister of Energy and cannot be justified. considered Ind igenous peoples' own Mines stated that the rights of Indigenous priorities for the Peace River Val ley . peoples were upheld through a process Canadian and international law requires The environmental assessment set of consultation and accommodation that a rigorous standard of protection out one such possibility: collaboration "has been deep and meaningful." The for the human rights of Indigenous between the province and First Nations province points to a process that began in peoples. This high standard of to establish a protected area in the 2007 and included funding for Indigenous protection responds to the long history valley where Indigenous land use such groups to ca rry out their own research and of colonialism, forced assimilation, as hunting wou ld take precedence. For community discussions. and racism that has marginalized and consultation around the Site C dam to have impoverished Indigenous families and been meaningful, this option and other Despite these c laims, in Amnesty communities around the world and left proposals from Indigenous peoples should lnternational's view the decision-ma ki ng them especially vu lnerable to further have been given proper consideration . process around the Site C dam falls fa r abuses. short of the standard of protection required The fact that this did not happen is all by the severity of its many potential Consultation is part of this framework the more striking given a previous BC impacts. The process has violated Canada's for protection but consultation has to be court case involving the West Moberly human rights obligations toward Indigenous meaningful. No amount of consultation First Nations and the duty to consult. In peoples because: is adequate if, at the end of the day, the a case concerning a proposed mine in concerns of Indigenous peoples are not the midst of important ca ribou habitat, • the province had put its own plans for seriously considered and their human a BC court ruled that consultation the val ley ahead of Indigenous peoples' rights remain unacknowledged or had not been "sufficiently meaningful, preferred use of the land, even before unprotected. Furthermore, consultation and the accommodation put in place the consultation began; is on ly meaningful if there is genuine was not reasonable" because "the fu ll willingness to abandon a proposal range of possible outcomes" was never • the province fa iled to obtain the free, or explore alternatives to ensure that considered .21 In particular, the court prior and informed consent required for human rights are protected and fu lfilled . sa id that West Moberly's own plans to a project of this magnitude; and

AMNESTY INTERNATIONAL 15 "We believe consultation Minister of Indigenous Affa irs and Northern recommendation, stating that no further Development told the UN Permanent review is needed. is a dialogue, where they Forum on Indigenous Issues that Canada's commitment to implement the UN Notably, construction of the Site C dam listen and we listen. They Declaration was unconditional. had been previously considered in the 1980s and the pla ns were rejected at that take into consideration, The UN Declaration generally calls on time after the BC Utilities Commission states to do much more than consult concluded that the dam was not cost with Indigenous peoples. Where the UN effective. Prior to bringing forward the and make accommodations, Declaration refers to consultation, it also cu rrent plans, the provincia l government calls on the state to "collaborate" with changed the law so that a review by the for our rights. What Indigenous peoples. Where there is a risk Commission is no longer mandatory. of serious harm, the UN Declaration and happened in this process other international human rights standards There are a wide range of possible generally require that projects such as dams, alternative to the Site C dam that could is .... they had already mines, and other resource development go potentially meet the province's future energy ahead only if the affected peoples grant their needs. These include an alternative dam made their decision. " free, prior and informed consent (FPIC). site publicly endorsed by the Treaty 8 Tribal Association; refurbishing or expanding - Chief Willson. West Moberly First Nations The UN Declaration and other international existing facilities; developing other sources standards allow for the bala ncing of of renewable energy such as geo-thermal; rights among Indigenous peoples and reducing current energy exports; or reducing between Indigenous and non-Indigenous household and industrial dema nd. In a protect the area for caribou conservation peoples. Accordingly, the requi rement of 2011 statement opposing the Site C dam, should have been considered as part of a free, prior and informed consent is not four First Nations in northeast BC - Doig mean ingfu l consultation process. absolute. However, governments that seek River, Halfway River, Prophet River and West to limit or restrict the rights of Indigenous Moberly - ca lled for an independent study of "Their definition of consu ltation and ours peoples must meet a very high standard all via ble options for meeting the province's are completely different," says Chief of justification, in keeping with the risk future energy needs.25 Such a study was Willson. In a published interview about the of serious harm. As international human never carried out. Site C dam, the West Moberly First Nations rights experts have stated, including James chief stated, "We believe consu ltation is a Anaya, the former UN Special rapporteur The environmental assessment of the Site dialogue, where they listen and we listen. on the rights of Indigenous peoples, before C dam concluded that the province "will They take into consideration, and make an exception to the general requi rement of need new energy and new capacity at some accommodations, for our rights. What FPIC can even be considered, there must point" and that - based on the available happened in this process is ....they had be a compelling and objective rationale, information - Site C "would be the least already made their decision and then they alternatives for achieving this objective expensive of the alternatives." However, the came to talk to us and told us what their must be fully explored, any harmful impact panel was also highly critical of BC Hydro decision was. We asked them to amend it must be minimized, and care must be and the province for the limited information and they said 'No.' Then they went on to taken to ensure that benefits to some are provided on the costs and benefits of other, go forward with their decision."22 not outweighed by harm to others.23 potentially less harmful ways to meet the province's energy needs. Review pa nel chair The 2007 United Nations Declaration In Amnesty lnternational's view, the Site C Harry Swain later took the highly unusual on the Rights of Indigenous Peoples dam does not meet any part of this test. step of publicly criticizing the approval of the sets out minimum global standards for The rationale for the Site C dam has shifted project, calling the fai lure to properly study the "su rvival, dignity and well-being repeatedly. Although BC Hydro told the alternatives a "dereliction of duty.''26 of Indigenous peoples.'' In 2015, the review process that the Site C dam was Truth and Reconciliation Commission necessary to meet future needs of BC Ultimately, any advantages claimed for of Canada - established to address the households and industry, the province Site C have to be considered in light of the legacy of more than a century of forced has also raised the possibility of exporting otherwise avoidable harm that would be removal of Indigenous children from "excess" electricity. In February 2016, the done to the cultures, livelihoods, health , their families, communities, and cultures provincial energy minister stated that BC's and safety of Indigenous peoples. Chief - identified the UN Declaration as "the needs for electricity had not grown in eight Lynette Tsakoza of the Prophet River First framework for reconcil iation" between years.2• The environmental assessment Nation says Canada cannot continue Indigenous and non-Indigenous peoples report was critical of gaps in the information putting Indigenous peoples' rights and in Canada. All provinces and territories provided by BC Hydro. It called for the interests last. "It is not too late to change in Canada have publicly committed to province's projections of future energy needs, course," Chief Tsakoza says. "The damage carrying out the Truth and Reconciliation and the costs to meet those needs, to be to the Peace River is not yet irreversible. Comm ission's Ca lls to Action which developed in greater detail and submitted Stopping Site C is a perfect opportunity include implementation of the UN to the independent BC Utilities Commission to demonstrate to all Ca nadians that the Declaration. In May 2016, the federa l for review. The province has rejected this government takes reconciliation seriously.''

16 TH EP OINT OF NO RETURN: THE HUMAN RIGHTS OF INDIGENOUS PEOPLES IN CANADA THREATENED BYTHE SI TE C DAM

ENDNOTES

"Statement of Concerned Scholars on the Site C Dam project." 14 News 1130 and Canadian Press, "Former B.C. premier Bill Programme of Water Governance, University of British Col umbia. Bennett's accomplishments celebrated at memorial." 24 May 2016. 31 January 2016.

2 "Site C Dam and the Human Rights of Indigenous Peoples 15 Review Panel Established by the Federal Minister of the in the Peace Valley: Open Letter to Prime Minister Justin Environment and the British Columbia Minister of the Trudeau and Premier Christy Clark from Amnesty International Environment. Report of the Joint Review Panel - Site C Clean Secretary General Salil Shetty. 18 November 2015. TG AMR Energy Project. 1 May 2014 . P. 188. 20/2902/2015. 16 Clarice Eckford and Ji ll ian Wagg, The Peace Project: Gender 3 "There's nothing clean about the Site C Dam." Open letter to Based Analysis of Violence against Women and Girls in Fort St. Prime Minister Justin Trudeau from Canadian orga nizations. 11 John - revised. The Fort St. John Women's Resource Society, February 2016. February 2014.

4 United Nations Declaration on the Rights of Indigenous Peoples, 17 Northern Hea lth British Columbia. Understanding the State of Articles 25, 26, 28, 29, 31, 32. Industrial Camps in Northern BC: A Background Paper, 17 October 2012. 5 Leslie T. Foster et al. British Columbia Atlas of Wellness, 2nd edition. University of Victoria. 2011 . 18 British Columbia Ministry of Public Safety and Solictor General. Police Resources in British Columbia. 2014. 6 Review Panel Established by the Federal Minister of the Environment and the British Columbia Minister of the 19 Statistics Canada. Crime Severity Index values for 239 police Environment. Report of the Joint Review Panel - Site C Clean services policing communities over 10, 000 population. 2011. Energy Project. 1 May 2014. P. 102. 20 Joanna Smith. "Fort St. John 'a dangerous place for our women,' 7 Treaty 8 First Nations Community Assessment Team . Telling Indigenous activist says. Toronto Star, 3 April 2016. a Story of Change the Dane-zaa Way. A Baseline Community Profile of: Doig River First Nation, Halfway River First Nation, 21 West Moberly First Nations v. British Columbia (Chief Inspector Prophet River First Nation, West Moberly First Nations. 27 of Mines). 2010 BCSC 359. The decision was upheld on appeal November 2012. [2011 BCCA 247) and in 2012 the Supreme Court denied the province and First Coal Corporation leave to further appeal the 8 Jonny Wakefield. "B.C. Hydro acknowledges W.A.C. Bennett decision [2012 sec 8361]. dam's dark side." Dawson Creek Mirror. 10 June 2016. 22 Roy L. Hales. "The Treaty Canada Wants to Forget." 9 Tina Loo. "Disturbing the Peace: Environmental Change and the The ECOreport. 14 March 2016. Scales of Justice on a Northern River." Environmental History (2007) 12 (4): pp. 895-919. 23 UN Special Rapporteur on the Rights of Indigenous Peoples. Extractive industries and indigenous peoples, Report of the Special 10 Lee, P and M. Hanneman. Atlas of land cover, industrial land Rapporteur on the righ ts of indigenous peoples, James Anaya. UN uses and industrial-caused land change in the Peace Region of Human Rights Council. 2013. A/HRC/24/41. Paras. 31-36. British Columbia. Globa l Forest Watch Canada report #4. 2012. 24 Justine Hunter. "B.C. Energy Minister says clean power projects 11 Northern Health British Columbia. Understanding the State aren't the priority." Globe and Mail. 29 February 2016. of Industrial Camps in Northern BC: A Background Paper. Appendix B. 17 October 2012. 25 Doig River, Halfway River, Prophet River, and West Moberly First Nations. Declaration Concerning the Proposed Site C Dam on the 12 R. v. Badger, [1996] 1 S.C.R . 771. Peace River. 17 September 2010.

13 Inter-American Commission on Human Rights (IACHR). Report 26 Emma Gilchrist. "'Dereliction of Duty': Chair of Site C Panel on N° 105109 on the admissibility of Petition 592-07, Hul'qumi'num B.C .'s Failure to Investigate Alternatives to Mega Dam." Desmog Treaty Group, Canada. October 30 2009. Paras. 37-9. Canada. 11 March 2015.

18 THE POINT OF NO RETURN: THE HUMAN RIGHTS OF INDIGENOUS PEOPLES IN CANADA THREATENED BY THE SITE C DAM RECOMMENDATIONS TO THE FEDERAL AND PROVINCIAL GOVERNMENTS

1. Immediately suspend or resc ind all approvals and permits re lated to the construction of the Site C dam. 2. Publicly acknowledge that, given the seriousness of the harms identified in the environmental impact assessment, the project should proceed only on the basis of the free, prior and informed consent of affected Indigenous peoples. 3. Cooperate with the forthcoming national inquiry on missing and murdered Indigenous women and girls to ensure that it is able to properly examine the role of resource extraction in increased risk of violence to women in northern communities and make recommendations to reduce this risk.

RECOMMENDATIONS TO THE PROVINCIAL GOVERNMENT

1. Collaborate with Indigenous peoples to implement a comprehensive regional land use plan for northeast BC in which treaty and Indigenous land use rights ca n be effectively protected. 2. Work with community service organizations in northeast BC to assess needs and develop an action plan to mitigate the social impacts (such as cost of living and avai lability of social services) associated with the scale and nature of resource development in the region , with particular attention to the impacts on women and girls.

RECOMMENDATIONS TO THE FEDERAL GOVERNMENT

1. Collaborate with Indigenous peoples' organizations to carry out a comprehensive reform of Canadian Environmental Assessment Act 2012 and related laws and policies to ensure that in future decisions about resource development: a. Indigenous peoples have a say in the design of assessments concerning their rights; b. Where Indigenous peoples have developed their own systems of assessment and decision-making, these systems are recognized and supported; c. Social and economic impacts such as access to housing and healthcare are systematically considered alongside environmental impacts; d. A gender analysis is applied throughout the assessment so that distinct impacts and concerns for people of all genders are not overlooked; and e. No decisions are made that are contrary to Canada's legal obligations toward Indigenous peoples, as set out in treaties, the Canadian Constitution and international human rights law. 2. Incorporate the standard of free, prior and informed consent in all decision making processes related to resource development where the rights of Indigenous peoples may be affected.