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Alberta

Supreme Court decision disappoints Mikisew Cree First Nation

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Edmonton, AB – ?While the Mikisew Cree First Nation is disappointed with the Supreme Court of Canada’s decision today in ?Courtoreille v. Canada, their struggle to defend their treaty rights continues. Though today’s ruling means provincial and federal governments do not have the duty to consult about legislation threatening First Nation rights, Mikisew expects Canada to live up to the statements made in court that it would consult.

The decision ends Mikisew’s 2013 legal challenge to the previous federal government’s cuts to Canada’s environmental protection laws. Through Bills C-38 and C-45, the Harper government changed the ?Canadian Environmental Assessment Act,? the ?Fisheries Act?, the ?Species at Risk Act?, and the ?Navigable Waters Protection Act, d?drastically ?reducing federal oversight over fish and their habitat, navigable waters, and species at risk. The Bills also reduced the number of projects requiring federal environmental assessments and reduced the scope and depth of assessments for those projects.

“We are very disappointed that the court refused to advance reconciliation with this case,” said Mikisew’s legal counsel, Robert Janes. “The lack of consultation on these Bills led to bad laws, which resulted in failures like the Trans Mountain Pipeline Expansion Project and weaker environmental protection for all Canadians.”

The Harper Government passed these laws without consulting with Mikisew and other affected First Nations. At the Federal Court, Mikisew successfully argued that governments have a legally binding duty to consult First Nations when developing legislation that may impact the rights of First Nations. After the Federal Court of Appeal overturned the earlier ruling in 2016, Mikisew took its case to the Supreme Court of Canada, which has upheld the Federal Court of Appeal’s decision.

Mikisew Chief Archie Waquan said the ruling was a missed opportunity.

“Mikisew and other First Nations have valuable knowledge, laws and experience to contribute. We should be at the table with government not reacting after the fact through litigation.” This decision does not end Mikisew’s fight to protect its treaty rights. Chief Waquan noted the decision does not prevent the Crown from actually consulting. “The Crown has said they could and would consult and we will hold them to that promise.”

 

Background

Mikisew Cree First Nation signed Treaty 8 in 1899. The Mikisew Cree continue to live a traditional lifestyle where, even today, most of their members in Fort Chipewyan rely on “country foods” such as fish, birds, and moose for a significant portion of their diet.

Athabasca Delta is the heart of their traditional lands, which range over much of the area where the Athabasca Oil Sands deposits have been found. Mikisew Cree First Nation shares this territory with four other First Nations that make up the Athabasca Tribal Council. 2900 people make up the Mikisew First Nation. Their governing body is made up of six Councillors and a Chief.

Since Treaty 8 was signed, many large scale industrial developments have affected Mikisew lands and waters, with the pace of development increasing significantly over the past decades. In 2005, Mikisew made history when it won a landmark case at the Supreme Court of Canada, which established that the Crown had to consult First Nations with historical treaty rights. Mikisew continues to employ a variety of strategies to seek protection of its rights and culture and to create opportunities for the nation. ?The Supreme Court ruling today is the result of a lengthy legal challenge by the Mikisew Cree which began in 2012.

Click here for a Blog for reference.

Read more stories on Todayville.com.

 

President Todayville Inc., Honorary Colonel 41 Signal Regiment, Board Member Lieutenant Governor of Alberta Arts Award Foundation, Director Canadian Forces Liaison Council (Alberta) musician, photographer, former VP/GM CTV Edmonton.

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Alberta

Alberta updates TIER system: Businesses can direct compliance payments to on-site technologies

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Modernizing TIER to secure tomorrow

Alberta is seeking to update the Technology Innovation and Emissions Reduction (TIER) system to drive investment at large industrial facilities, helping companies stay competitive and protecting jobs.

This fall, Alberta’s government will introduce updates to the TIER system that would empower Alberta industries to invest in on-site emissions reduction technology that works for their specific businesses. Making Alberta’s highly successful TIER system even more effective and flexible will make industries more globally competitive while maintaining Alberta’s leadership in emissions reductions.

“TIER has always been about Alberta leading the way – proving to the world that it’s possible to increase energy production, grow the economy and lower emissions at the same time. These amendments build on that success by giving industry the certainty and flexibility they need to invest right here at home. We know this work is not finished. We will continue to press the federal government to match Alberta’s leadership with realistic policies and timelines so that together we can keep building an economy that is strong and ready for the future.”

Danielle Smith, Premier

“We are committed to ensuring our industry remains competitive and can once again bring in the capital investment needed to deliver safe, affordable and reliable energy to Canadians and the rest of the world. Enabling them to reinvest their dollars into their own facilities will be good for the environment while growing our economy and creating jobs.”

Rebecca Schulz, Minister of Environment and Protected Areas

“TIER has played a critical role in helping Alberta energy be the most responsibly produced energy in the world. These changes will further allow our major energy companies to increase production and finance new world-leading emission reduction efforts consistent with Alberta’s Emissions Reduction and Energy Development Plan.”

Brian Jean, Minister of Energy and Minerals

Proposed updates to the TIER system include:

  • Recognizing on-site emissions reduction investments as a new way for industry to comply with the TIER system in addition to the current options available, which include paying into the TIER fund or buying credits. This would reward companies for investing directly in emissions reduction technology that encourages innovation, supports local jobs and reduces emissions.
  • Allowing smaller facilities that currently participate in the TIER system to leave or opt out for 2025 to reduce costs and red tape. Smaller facilities below the regulatory emissions threshold can face disproportionate compliance costs under the TIER system, which is mainly designed for large facilities. This change would help smaller industries save money and redirect resources into emissions reduction investments or other operational improvements for more cost savings. It offers flexibility, especially for small manufacturers and rural operations, which protects jobs across Alberta.

These changes will position Alberta, once again, as a world leader ready to meet the challenges and realities of shifting global markets, increased competition and trade uncertainty.

“We are pleased to see the Government of Alberta is taking steps to improve competitiveness of climate policy. Today’s announcement recognizes industry concerns around competitiveness and signals that the province is moving forward to support emissions reduction in a way that helps companies reduce emissions, compete for investment, and create jobs for Albertans. EPAC believes provinces are best positioned to lead on climate policy, and we look forward to continued work with Alberta.”

Tristan Goodman, president and CEO, The Explorers and Producers Association of Canada

“Pathways Alliance appreciates the Government of Alberta’s efforts to support the oil sands industry and protect jobs. Direct investment through the TIER system is expected to encourage continued investment in emission reduction technologies, and advance innovative infrastructure. The oil sands industry looks forward to ongoing work with governments to strengthen global competitiveness and attract investment.”

Kendall Dilling, president, Pathways Alliance

Alberta’s economy is growing and emissions are declining thanks to the province’s common-sense approach. Alberta’s government will continue to work with industry to protect jobs, strengthen competitiveness and maintain Alberta’s position as the destination of choice for global investment.

Quick facts

  • Alberta’s TIER system was established in 2007 and was the first of its kind in North America.
  • Currently the TIER system includes about 60 per cent of the province’s total emissions, helping Alberta’s industrial facilities find innovative ways to reduce emissions and invest in technology to stay competitive, save money and create jobs.
  • The TIER Regulation requires any facility that emits 100,000 tonnes or more of emissions in a year to meet annual emissions reductions using either a facility-specific or a sector benchmark approach.
  • Under the current system, regulated facilities can comply using credits (carbon offsets, emission performance credits or sequestration tonnes) or pay into the TIER fund at $95 per tonne of emissions.
  • Sectors regulated under the TIER system include oil and gas, oil sands mining, electricity, forestry, chemicals, fertilizers, minerals, food processing and waste.
  • Since 2019, Alberta has invested $1.6 billion from the TIER fund into geothermal, hydrogen, energy storage, methane reduction, carbon capture and other technology projects, reducing approximately 70 million tonnes of emissions by 2030 and supporting about 21,000 jobs across the province.

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Alberta

Alberta Education negotiations update: Minister Horner

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President of Treasury Board and Minister of Finance Nate Horner issued the following statement about the ongoing negotiations with TEBA and the ATA:

“After announcing its intention to strike last week, the ATA provided its members with a document titled ‘Talking Points’ for teachers to use when speaking to parents and students about the current bargaining situation.

“The document falsely claims that the Teachers’ Employer Bargaining Association (TEBA) does not have the mandate to ‘negotiate on important issues such as class complexity, class size, support for students.’

“There are also other statements in the document that are misleading and confusing for parents, teachers and most importantly our kids, who are explicitly targeted by these communications.

“To be clear, the only item outstanding between the ATA and TEBA for a new contract is the union’s additional salary demands.

“TEBA’s most recent offer to the ATA included a guarantee to hire 3,000 more teachers over the next three years at a cost of about three-quarters of a billion dollars. This is what the ATA asked for in its previous offer and government’s response met that request. The parties are no longer disputing negotiations on that point.

“The current offer provides a salary increase of at least 12 per cent over four years with more than 95 per cent of teachers receiving more through a market adjustment, and would result in the best deal for teachers in all of Western Canada.

“The information in the ATA document is inaccurate. It intentionally misinforms the public, parents and students. TEBA has been left with no choice but to launch a legal challenge. The Alberta Labour Relations Board received our complaint today, asking the ATA and its president Jason Schilling to immediately retract their false claims and to stop using Alberta’s students and families for leverage in a bargaining dispute.

“The ATA’s leadership and communications strategy targeting families and children with false and misleading claims raises serious ethical concerns. The government must now correct the false narrative the ATA has created.

“I look forward to a speedy resolution of this complaint with the Labour Relations Board. When we have our resolution, we will consider next steps.”

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