National Energy Board – Enbridge Line 3 Replacement Program Written Evidence Submission of Moosomin First Nation Intervenor The Intervenor, Moosomin First Nation (MFN), is a Treaty Six First Nation located approximately 40 kilometers north of North Battleford, Saskatchewan. The First Nation has approximately 1,343 members with 915 residing on reserve. Expertise Moosomin First Nation Officials, Chief Bradley Swiftwolfe and Mr. Gary LaPlante, present their views with an understanding of Treaties, both the written text and through the Oral tradition. They have taken the responsibility of navigating, for Moosomin First Nation, the Treaty agreement of “Pimâcihowin (“Making a living”) from a historical to modern day context. Both have extensive experience in Inter-governmental Relations and Public Affairs, abiding by the precepts of Moosomin First Nation's Plains Cree Traditional Knowledge. Mr. Kim Lonsdale, MBA is a Management Consultant with extensive knowledge and experience with respect to sustainable management practices, including the evaluation of environmental, social and economic factors. From 2009-2013, Mr. Lonsdale was employed as the Director, Resource Sector Development with the Saskatchewan Ministry of the Economy. As one of Saskatchewan’s senior economic development officials Mr. Lonsdale has extensive experience with commercial activities in the energy sector as well as regulatory and other matters. During his employ with the Province of Saskatchewan, Mr. Lonsdale was exposed to the public policy stream for the oil sector in Saskatchewan, and is familiar with a broad range of issues impacting the sector. This role also made him familiar with First Nations opportunities and challenges in relation to economic development and education. Mr. Carl Neggers, MBA is a Management consultant with extensive experience in the public and private sectors. Mr. Neggers served as the Director General of the federal government's Prairie Farm Rehabilitation Administration (PFRA) which involved dealing extensively with First Nation issues. Serving western Canada, PFRA is an internationally recognized agency, which addresses the sustainable resource development challenges faced by agriculture and rural Canadians. Prior to this he was the Assistant Deputy Minister, Saskatchewan Ministry of Highways. Areas of Interest The Need for the Project Potential impacts of the Project on Aboriginal interests 1 Prepared by: Mr. Kim Lonsdale Email: [email protected] Telephone: (250)-382-3633 National Energy Board – Enbridge Line 3 Replacement Program Need for the Project 1. Moosomin First Nation (MFN) stands in favor of the Enbridge Line 3 Pipeline Replacement Program project. 2. The oil industry provides direct and indirect benefits, including: a) Many of the basic things Canadians take for granted such as producing and transporting their food; b) Profitable companies that create value, employ thousands of people and pay taxes; c) The generation of personal and corporate income taxes and resource royalty revenues accrue to provinces with resource extraction; d) Supply chains extend to every province in Canada and many U.S. states benefitting companies and citizens in those jurisdictions; e) Out-of-province construction workers who work in Western Canada’s oil industry pay income and sales taxes in their home provinces f) Provinces engaged in resource extraction tend to develop a higher than average level of fiscal capacity and the federal government equalization program ensures a portion of this revenue is redistributed to provinces with less than average fiscal capacity; and, g) Today there are 32,000 Aboriginal people working in energy, mining, and forestry jobs throughout Canada which means that natural resource development is a major source of employment for Aboriginal people. 3. The foregoing provides an indication that the oil-related natural resource development represents a substantial benefit for Canadians. 4. MFN believes that the Government of Canada’s Environmental Assessment process for Enbridge Line 3 Replacement Program involves the application of science-based environmental regulations. 5. Having lived near oil and gas and mineral developments for the past 60 years, MFN is familiar with the kinds of industrial operations they entail, including pipeline operations, and MFN is convinced that this type of development can be done in an ecologically sustainable manner. 6. Enbridge Inc. has been operating pipelines in MFN’s traditional territory for over half a century and over this time they have demonstrated their commitment to their core values, which include: integrity, safety, and respect. 7. We expect Enbridge to build a pipeline that does not put the environment at risk. If a spill occurs we expect Enbridge to do whatever is needed to correct the problem and repair the damage. 8. We expect the federal government will be vigilant in enforcing the regulations before and after the project is built. We expect them not to reduce the number of regulatory compliance personnel on staff or under-spend departmental budgets. 9. In the absence of science-based arguments that the pipeline itself would not be ecologically sustainable it seems unlikely that the National Energy Board would determine the project is not in the public interest. 2 Prepared by: Mr. Kim Lonsdale Email: [email protected] Telephone: (250)-382-3633 National Energy Board – Enbridge Line 3 Replacement Program 10. It also seems unlikely that the National Energy Board would find that the pipeline is not in the public interest due to the Crown’s failure to honor Treaty Six. 11. It is not MFN’s desire to spend years in court arguing with the Crown over Treaty rights while its people remain mired in poverty. The desire is for its people to be able to participate in Canadian society as equals. With support from both government and industry, First Nations people can regain their resilience and achieve a better future for themselves. First Nations children need to dream about a better life and find it within themselves to pursue education and employment opportunities, but their efforts need to be met with opportunities for personal and professional development and greater access to jobs and business opportunities. 12. As for the concerns of Canadians in relation to the ecological impact of utilizing Canada’s heavy crude or oilsands, many voices express concern about ecological impacts of resource extraction (supply), but few express concern about the ecological impacts of resource consumption (demand). For thousands of years First Nations people have taken the animals and plants they needed for their sustenance and spiritual needs, but only what they need, and no more. Canadians would be wise to reflect on this concept as they consider their personal carbon footprints, because it is the end use of petroleum that creates the most significant environmental impact. Potential impacts of the Project on Aboriginal interests 1. Any rational and objective person who reads The Indian Claim Commission’s Inquiry into the 1909 Reserve Land Surrender Claim of the Moosomin First Nation1 would come to the conclusion that that the Crown has not honored the promises that they made when Treaty Six was signed. 2. The treaties were based on the First Nations peoples’ principles: “Miyowîcêhtowin” (“Getting along with others”), Wîtaskêwin (“Living together on the land”) and Pimâcihowin (“Making a living”). Treaties were to provide both sides with the means of achieving survival and socio-economic stability, anchored on the principle of mutual benefit. Prior to treaty- making between First Nations peoples and the newcomers, the First Nations entered into agreements with other First Nations to share lands for trapping, hunting or gathering purposes. They were prepared to enter into a similar agreement with the British Crown that would allow for Wîtaskêwin (“living together on the land”).2 3. The primary reason for internal treaties was to allow for equitable and fair access to resources. When the First Nations peoples entered into treaty with the British Crown they assumed that the same type of relations would follow. 1 Canada. Indian Claim Commission. (February 1997). Inquiry into the 1909 Reserve Land Surrender Claim of the Moosomin First Nation. Ottawa: Author. Retrieved http://publications.gc.ca/collections/collection_2009/indianclaims/RC31-74-1997E.pdf 2 Canada. Office of the Treaty Commissioner. Treaty Essential Learnings: We Are All Treaty People. 2008. Retrievedhttps://www.google.com/search?q=%27+Pimachowin%27+by+the+Office+of+the+Treaty+Commissioner. feren&cad=cbv&sei=jS0LVsD2NJCyogTftbmYDw#q=first+nation+right+to+earn+a+living+otc 3 Prepared by: Mr. Kim Lonsdale Email: [email protected] Telephone: (250)-382-3633 National Energy Board – Enbridge Line 3 Replacement Program 4. The objective of First Nation leaders who negotiated Treaty Six was to achieve a way for future generations to earn a living and to address concerns such as healthcare. These issues associated with economic and social sustainability were central to Treaty Six negotiations. 5. The arrival of the Europeans had brought new diseases to which First Nations people had no immunity, including measles, scarlet fever, typhoid, typhus, influenza, pertussis (whooping cough), tuberculosis, cholera, diphtheria, chickenpox, and sexually transmitted diseases. Entire tribes had been wiped out by these diseases and the Treaty Six Chiefs were deeply concerned about how they would deal with future disease outbreaks. 6. Beginning in about 1830 the Europeans had initiated the slaughter of the great herds of buffalo on which First Nations people relied for food, shelter, clothing, as well as their spiritual and cultural practices. By 1870 the fur trade had ended and the buffalo were gone and Treaty Six Chiefs were desperate to establish a means for their people to earn a living and feed themselves. 7. The Crown responded to these concerns by providing assurances that assistance would be available should disease outbreaks or famine occur and; that First Nations would be encouraged and supported in the practice of farming and to this end they were encouraged to select the lands that would make up their Reserves. 8.