THE POINT OF NO RETURN THE HUMAN RIGHTS OF INDIGENOUS PEOPLES IN CANADA THREATENED BY THE SITE C DAM 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. The copyright holders request that all such use be registered with them for impact assessment purposes. For copying in any other circumstances, or for reuse in other publications, or for translation or adaptation, prior written permission must be obtained from the publishers, and a fee may be payable. To request permission, or for any other inquiries, please contact [email protected] © Amnesty International 2016 First published in 2016 Index: AMR 20/4281/2016 by Amnesty International Ltd Original language: English Peter Benenson House, 1 Easton Printed by Amnesty International, Street, London WC1X 0DW, 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 Inuk Photography amnesty.org 2 THE POINT OF NO RETURN: THE HUMAN RIGHTS OF INDIGENOUS PEOPLES IN CANADA THREATENED BY THE SITE C DAM © Garth Lenz THE POINT OF NO RETURN THE HUMAN RIGHTS OF INDIGENOUS PEOPLES IN CANADA THREATENED BY THE SITE C DAM 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 fshing. 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 identifed 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 fooded. northeast BC to exercise their rights our backyard that’s to culture, livelihood, and health has This land has unique signifcance to already been severely undermined by relatively untouched.” the Dane-zaa, Cree, Métis 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 called for an the Canadian Constitution, and international immediate halt to the construction of the dam would turn an human rights law. Although the federal and Site C dam2, as have regional and national provincial governments have both asserted Indigenous peoples’ organizations, and a 83 km long stretch of that the harms caused by the dam are wide range of environmental, faith, and justifed, the actual need for the dam has social justice organizations.3 Two First the Peace River Valley not been clearly established and alternatives Nations located close to the planned food have not been properly explored. zone are currently challenging the dam into a reservoir. in court, as is a group of non-Indigenous 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 fooded. of the natural resource sector in northeast needs. However, Canadian 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 infux of more temporary workers decades of marginalization, discrimination, could specifcally disadvantage 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 only with British Columbia and across Canada. their free, prior and informed consent.4 © Joss Maclennan Design 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: THE HUMAN RIGHTS OF INDIGENOUS PEOPLES IN CANADA THREATENED BY THE SITE C DAM © Andrea Morison, PVEA EVERYTHING WE NEED IS HERE “The damage that this Site C is going to do, I don’t even know how to explain it,” 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 ceremonies and harvest wild foods, Indigenous knowledge and traditions are 12 percent of the permanent population of Indigenous women and men provide for often associated with specifc places. For northeast British Columbia5. Archaeological many of the basic needs of their families example, a specifc area where women evidence shows that Indigenous peoples and communities, while also maintaining have picked plant medicines and berries have lived in the Peace River region for and revitalizing cultures and traditions for generations may be associated with more than 10,000 years. First Nations have that have been undermined and attacked particular stories and teachings that identifed hundreds of sites in the planned throughout Canada’s history. Roland are integral to the culture. Loss of these Site C food zone that are sacred or of other Willson, Chief of the West Moberly First specifc places can erode traditional cultural and historic signifcance. 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 particularly 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, including says George Desjarlais, an elder-in-training diet of Indigenous peoples in the Peace West Moberly and Prophet River. The valley from the West Moberly First Nations. River region, and for other animals such is the most pristine natural area within easy “There are grave sites and graveyards and as bears and eagles that have profound reach of these communities. Many of the village areas where they used to camp in cultural and sacred signifcance. The other areas that remain relatively intact are the summer or the winter. Some of those Site C dam would food a series of small much more remote and therefore diffcult islands are considered sacred places, one islands where moose take shelter when for community members, especially elders of them being Vision Quest Island, which is they are calving. 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 fsh species, the bull trout, Helen Knott, a social 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 Métis communities located within the the fooding of the land could make fsh of going out on the land with their elders. planned food zone, Indigenous peoples from these waters unsafe to eat for at least “All my grandmother’s stories are rely on the valley to hunt, fsh, 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 © Amnesty International © Amnesty International Ken Forest of the Peace Valley Environment Association and Chief Roland Willson of the West Moberly First Nations, with a paddle intended to be given to Prime Minister Justin Trudeau. The paddle was built by Ken using moose antler and wood from the Peace River Valley and features a design by Alisa Froe from West Moberly. 6 THE POINT OF NO RETURN: THE HUMAN RIGHTS OF INDIGENOUS PEOPLES IN CANADA THREATENED BY THE SITE C DAM © Amnesty International A GOOD LIFE Elder Lillian Gauthier says “everything will change” with the construction of the Site C dam.