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Aamjiwnaang First Nation 978 Tashmoo Avenue Sarnia, Ontario N7T-7H5

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Aamjiwnaang First Nation 978 Tashmoo Avenue Sarnia, Ontario N7T-7H5 Aamjiwnaang First Nation 978 Tashmoo Avenue Sarnia, Ontario N7T-7H5 December 7th, 2016 Standing Committee on Transport, Infrastructure and Communities Sixth Floor, 131 Queen Street House of Commons Ottawa, Ontario K1A 0A6 Canada Dear Standing Committee on Transport, Infrastructure and Communities: I am writing on behalf of the citizens of Aamjiwnaang First Nation, which is an Anishinaabe community situated along the shores of the St. Clair River, within the boundaries of the City of Sarnia located in Southwestern, Ontario. Our community, formerly known as the Chippewa’s of Sarnia was established in 1827, when we signed Treaty #29 on a Nation to Nation basis with the British Crown. Historically, the citizens of Aamjiwnaang lived in a vast territory spanning throughout Lake Huron, Lake Erie, the St. Clair River, and Ontario and Michigan. In 1807, the leaders of Aamjiwnaang signed the Treaty of Detroit which ceded our territories in Michigan to the United States, as well as, Treaty 27 ½ in 1825, which provided the British Crown with the rights to approximately 2.2 million acres of land in exchange for recognizing and affirming our exclusive rights to four specific areas agreed to in the Treaty. In 1827, when Treaty #29 was signed, approximately 10,000 acres were set aside for the Chippewa’s of Sarnia. Today, our land base is approximately 3,100 acres with a population of 2300 members who live on-reserve and off-reserve. Based on the location of our community, which was ideal for travelling and transporting along the St. Clair River and Lake Huron, as well as, our abundance of resources provided by the former lush Carolinian forest, our home became attractive for the British and French settlers that would later turn Aamjiwnaang’s traditional territories into an important foundation and centre for Canada’s economy. In 1858, the first commercial oil well was discovered in our traditional territory in a town that was later incorporated and named Oil Springs. In the same year, The Great Western Railway was established. In 1859, the Grand Trunk Railway was established and the rail tunnel under the St. Clair River was completed in 1889. By 1899, Imperial Oil had the largest refining facility in Canada and by 1902 the company’s first tanker was chartered to carry crude oil from an Ohio port to Sarnia. Today, Aamjiwnaang First Nation is now bordered on three sides by 62 large industrial facilities that make up 40% of Canada’s petrochemical refining industry and in 1985, the International Joint Commission designated the St. Clair River as an Area of Concern, as it did not meet the objectives of the Great Lakes Water Quality Agreement. Over the years, health studies have taken place in Aamjiwnaang and the results have shown the presence of cancers, asthma, birth defects, miscarriages, stillbirths, a skewed birth rate ratio, skin rashes and chronic headaches. The consumption of fish by Aamjiwnaang community members has decreased due to the risk of chemicals in the water and the fish which is caused by toxic spills and discharges by vessels and companies in Chemical Valley. Air pollution is another issue but will not be discussed at this time. These kinds of conditions are not acceptable for any person to live in but this is the reality for the citizens of Aamjiwnaang First Nation. Every day we have to face the reality that our health and livelihoods are in danger due to the demands of global consumers for their modern day commodities and Canada’s reliance on fossil fuels for jobs and the economy that drives the industry next door. Environmental regulations and standards are subject to change depending on which government is in power at the time, which also puts our community at risk as a lot of damages can be done until another election comes around. In addition to the everyday threats that we face living in close proximity a petrochemical refining hub, it is hard to believe that the health, culture, identity and livelihoods of the citizens of Aamjiwnaang First Nation are at risk when these International and National regulations, laws and agreements exist: 2012 Great Lakes Water Quality Agreement (GLWQA) Vessel Pollution and Dangerous Chemicals Regulations Canada Shipping Act International Convention for the Prevention of Pollution from Ships (MARPOL) Canadian Coast Guard Central and Arctic Region – Regional Response Plan International Boundary Waters Treaty Act Based on the air and water pollution, the health effects that the citizens of Aamjiwnaang are facing, our slow removal from our traditional diets, sources of medicine and trade, it is apparent that the current International and National laws, regulations and agreements are not protecting the people, in addition to the environment. As a contribution towards the current review, Aamjiwnaang suggests that it would be beneficial to consider using other instruments that can provide guidance on how to protect the St. Clair River and Lake Huron, as well as, the former 99% of Canada’s lakes and rivers that were protected under the Navigable Waters Protection Act: Treaty #27 ½ Treaty #29 Charter of Rights and Freedoms United Nations Declaration on the Rights of Indigenous Peoples Truth and Reconciliation Commission of Canada: Calls to Action The committee could also include a clause in the revised Navigable Protection Act that not only recognizes Traditional Ecological Knowledge but also commits to giving First Nations communities the financial resources needed to develop our own programs that enable us to contribute and implement our Traditional Ecological Knowledge towards the management of our territories and in collaboration with other levels of government. Article 2 of the Great Lakes Water Quality Agreement (GLWQA) suggests implementing management decisions that include traditional ecological knowledge and Annex 10 of the GLWQA also encourages the use of traditional ecological knowledge; however there is no real commitment towards including and implementing traditional ecological knowledge that First Nations people and communities carry. Furthermore, in order to ensure that Aamjiwnaang and the Traditional Ecological Knowledge that we possess is included in the research done about the St. Clair River and Lake Huron, as well as, the decisions being made about the management and programs being delivered in our territory, a regional expert panel composed of First Nations representatives that possess Traditional Ecological Knowledge could be formed to help advise and work with other levels of government. As Anishinaabe people who have been living in the Great Lakes Region for many generations, it is within our interest to care for and protect the Great Lakes as it is our responsibility to seven generations into the future to leave the environment in the best conditions possible. We look forward to the opportunity to contribute our traditional knowledge that has been passed down over many generations. To the Standing Committee on Transport, Infrastructure and Committee reviews the Navigable Protections Act, Aamjiwnaang extends its gratitude for the opportunity to share our story and history. It is our hope that our concerns will be taken seriously and that we can move forward with stronger regulations and laws that not only protect the environment but the people as well. Miigwech for your time and work. Sincerely, Sylvia Plain Regulatory Review Coordinator .
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