Tar Sands Solutions Network

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Human Rights

Rapid tar sands development has resulted in devastating social impacts. In northern Alberta, local Indigenous communities are forced to endure highly degraded air and water quality. Eighty per cent of the traditional territory of the Mikisew Cree and Athabasca Chipewyan First Nations has been rendered inaccessible for most of the year by tar sands development, and the Beaver Lake Cree have documented 20,000 treaty rights violations.

The expansion of tar sands refineries has also increased toxic pollution in numerous communities in Canada and the U.S., and pipeline companies have used eminent domain to confiscate private property from ranchers and landowners as they ram new pipelines through.

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Overview:
Tar sands expansion damages people and communities across North America
Key Issues:
- Indigenous peoples cannot hunt or fish on their land and have significantly higher rates of cancer
- Private property is confiscated and democratic rights trampled for pipeline expansion
Current Status:
First Nations are fighting multiple treaty rights battles and continue to be denied status to participate in expansion hearings

Indigenous peoples rely on healthy ecosystems for their food, water and livelihoods, but the insatiable appetite of the tar sands industry has decimated vast amounts of wildlife habitat and polluted the region’s rivers and streams with toxic and carcinogenic chemicals. The local, mostly Indigenous peoples, can no longer eat fish from local rivers and lakes, because tar sands pollution has left many of the fish deformed and diseased. Some people have even been forced to abandon their homes because air pollution is so noxious.

Fort McKay, which is surrounded on all sides by tar sands development, experiences serious air and water quality problems. The residents of Fort Chipewyan, located farther downstream from the tar sands, experienced a 30% increase in cancer rates and a 7X increase in rare and deadly cancers, which have been linked to pollution from tar sands development.

As a result, many of the Indigenous peoples living in close proximity to the tar sands believe that their constitutionally protected treaty rights have been ignored. Treaty 8, signed more than a hundred years ago, assures Indigenous people the right to hunt and fish on their traditional lands, but the intensity of tar sands development has nearly destroyed their ability to access the land for hunting, trapping and fishing. They have tried to work with governments to find a solution, but have been refused standing to participate in hearings about tar sands expansion, and the courts have refused to hear cases brought against the Alberta and Canadian governments to have their rights respected.

The human rights impacts are not, however, limited to northern Alberta. In both Canada and the United States, landowners have had their land confiscated by eminent domain so corporations can build tar sands pipelines where cattle once grazed and wheat once grew, threatening local water supplies and reducing property values.

Across Canada, the federal Conservative government has turned Canada into a near petro-state. It has intimidated community watchdog groups, gutted environmental legislation to limit democratic participation of citizens, and silenced scientists, all in an effort to pave the way for the expedient approval of massive tar sands development.

 

Rights Based Approach

 

Overall the TSSN believes that stopping the Tar Sands needs to be lead by First Nations and other Indigenous communities. First Nations people carry a unique set of priority rights and are the only communities that have a Nation to Nation relationship with both the US and Canadian government. The TSSN uplifts the voice of the communities most impacted by tar sands development through this “rights based approach,” that has successfully created national/international support and initiated much media attention globally on the tar sands issue. This is due to First Nations track record of creating and opening the avenues and opportunities for community leaders and members to tell the story of being impacted by the largest and most destructive energy project on earth.

We understand that the story of First Nations and Native American communities are based in legal constructs that are powerful mechanisms to stop the expansion of the tar sands. There are no other peoples in North America with the same legal abilities as First Nations and Native American communities. 

Human Rights Updates & Resources

To the Tsilhqot’in, with Gloves

Feature

Ian Gill | The Tyee - July 28th 2014

Press Clipping: Make no mistake, this is a spectacular victory for the Tsilhqot'in and an emphatic rebuke to the swindlers who have ruled and attempted to ruin this province since they first clapped eyes on the place. Finally, a rare serving of natural justice, and from the darkness of modern times, some news that offers a glimmer of hope for a better world. But while pausing to savour what has just been won, it's hard not to worry that the barbarians are still at the gate, and may be all the more dangerous for being wounded.

‘A societal earthquake’ – sorting through the Tsilhqot’in ruling

Feature

Bill Phillips | Prince George Free Press - July 22nd 2014

Press Clipping: In its unanimous decision, the country’s highest court rejected the B.C. government’s argument that aboriginal title should be restricted to settlement sites and other places frequently occupied by semi-nomadic aboriginal people before European contact. UNBC professor Paul Michel said the land title is not absolute, as provincial laws will still apply. However, in terms of economic development, there must be meaningful dialogue with First Nations. “It goes way beyond a duty to consult,” he said. “They must have consent.”

See you in court, Enbridge!

Feature

Jessica Clogg | West Coast Environmental Law - July 19th 2014

Blog Post: In a wave of legal filings on July 11 and July 14, 2014, eight First Nations from Haida Gwaii to Yinka Dene territory west of Prince George set in motion legal proceedings that, combined with 9 court cases filed earlier this year, have the potential to stop or significantly delay the Enbridge Northern Gateway pipelines and tankers project.

First Nations launch multiple court challenges to Northern Gateway

Feature

Mike Laanela | CBC News - July 16th 2014

Press Clipping: Several B.C. First Nations are launching at least nine court challenges to try to block Enbridge's Northern Gateway pipeline, leaders revealed at a news conference this morning in Vancouver. First Nations leaders said they will argue the proposed pipeline and its recent approval by the federal government is a constitutional violation of their aboriginal land rights in their respective territories, particularly in light of the Supreme Court of Canada victory last month by the Tsilhqot'in First Nation.

REPORT: Environmental and Human Health Implications of the Athabasca Oil Sands

Feature

July 8th 2014

Publication: A new study released by two Alberta First Nations communities in partnership with the University of Manitoba reports that certain carcinogens released in tar sands operations are being found in high levels in local wildlife. The study also reports a higher incidence of cancer among study participants, many of whom work in the tar sands industry, adding to evidence that these local communities suffer from higher rates of cancer.