Connect with us

Alberta

Supreme Court decision disappoints Mikisew Cree First Nation

Published

4 minute read

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.

Follow Author

Alberta

Keynote address of Premier Danielle Smith at 2025 UCP AGM

Published on

From the YouTube Channel of Rebel News

Continue Reading

Alberta

Net Zero goal is a fundamental flaw in the Ottawa-Alberta MOU

Published on

From the Fraser Institute 

By Jason Clemens and Elmira Aliakbari

The challenge of GHG emissions in 2050 is not in the industrial world but rather in the developing world, where there is still significant basic energy consumption using timber and biomass.

The new Memorandum of Understanding (MOU) between the federal and Alberta governments lays the groundwork for substantial energy projects and infrastructure development over the next two-and-a-half decades. It is by all accounts a step forward, though, there’s debate about how large and meaningful that step actually is. There is, however, a fundamental flaw in the foundation of the agreement: it’s commitment to net zero in Canada by 2050.

The first point of agreement in the MOU on the first page of text states: “Canada and Alberta remain committed to achieving net zero greenhouse gas emissions by 2050.” In practice, it’s incredibly difficult to offset emissions with tree planting or other projects that reduce “net” emissions, so the effect of committing to “net zero” by 2050 means that both governments agree that Canada should produce very close to zero actual greenhouse gas (GHG) emissions. Consider the massive changes in energy production, home heating, transportation and agriculture that would be needed to achieve this goal.

So, what’s wrong with Canada’s net zero 2050 and the larger United Nations’ global goal for the same?

Let’s first understand the global context of GHG reductions based on a recent study by internationally-recognized scholar Vaclav Smil. Two key insights from the study. First, despite trillions being spent plus international agreements and regulatory measures starting back in 1997 with the original Kyoto agreement, global fossil fuel consumption between then and 2023 increased by 55 per cent.

Second, fossil fuels as a share of total global energy declined from 86 per cent in 1997 to 82 per cent in 2022, again, despite trillions of dollars in spending plus regulatory requirements to force a transition away from fossil fuels to zero emission energies. The idea that globally we can achieve zero emissions over the next two-and-a-half decades is pure fantasy. Even if there is an historic technological breakthrough, it will take decades to actually transition to a new energy source(s).

Let’s now understand the Canada-specific context. A recent study examined all the measures introduced over the last decade as part of the national plan to reduce emissions to achieve net zero by 2050. The study concluded that significant economic costs would be imposed on Canadians by these measures: inflation-adjusted GDP would be 7 per cent lower, income per worker would be more than $8,000 lower and approximately 250,000 jobs would be lost. Moreover, these costs would not get Canada to net zero. The study concluded that only 70 per cent of the net zero emissions goal would be achieved despite these significant costs, which means even greater costs would be imposed on Canadians to fully achieve net zero.

It’s important to return to a global picture to fully understand why net zero makes no sense for Canada within a worldwide context. Using projections from the International Energy Agency (IEA) in its latest World Energy Outlook, the current expectation is that in 2050, advanced countries including Canada and the other G7 countries will represent less than 25 per cent of global emissions. The developing world, which includes China, India, the entirety of Africa and much of South America, is estimated to represent at least 70 per cent of global emissions in 2050.

Simply put, the challenge of GHG emissions in 2050 is not in the industrial world but rather in the developing world, where there is still significant basic energy consumption using timber and biomass. A globally-coordinated effort, which is really what the U.N. should be doing rather than fantasizing about net zero, would see industrial countries like Canada that are capable of increasing their energy production exporting more to these developing countries so that high-emitting energy sources are replaced by lower-emitting energy sources. This would actually reduce global GHGs while simultaneously stimulating economic growth.

Consider a recent study that calculated the implications of doubling natural gas production in Canada and exporting it to China to replace coal-fired power. The conclusion was that there would be a massive reduction in global GHGs equivalent to almost 90 per cent of Canada’s total annual emissions. In these types of substitution arrangements, the GHGs would increase in energy-producing countries like Canada but global GHGs would be reduced, which is the ultimate goal of not only the U.N. but also the Carney and Smith governments as per the MOU.

Finally, the agreement ignores a basic law of economics. The first lesson in the very first class of any economics program is that resources are limited. At any given point in time, we only have so much labour, raw materials, time, etc. In other words, when we choose to do one project, the real cost is foregoing the other projects that could have been undertaken. Economics is mostly about trying to understand how to maximize the use of limited resources.

The MOU requires massive, literally hundreds of billions of dollars to be used to create nuclear power, other zero-emitting power sources and transmission systems all in the name of being able to produce low or even zero-emitting oil and gas while also moving to towards net zero.

These resources cannot be used for other purposes and it’s impossible to imagine what alternative companies or industries would have been invested in. What we do know is that workers, entrepreneurs, businessowners and investors are not making these decisions. Rather, politicians and bureaucrats in Ottawa and Edmonton are making these decisions but they won’t pay any price if they’re wrong. Canadians pay the price. Just consider the financial fiasco unfolding now with Ottawa, Ontario and Quebec’s subsidies (i.e. corporate welfare) for electric vehicle batteries.

Understanding the fundamentally flawed commitment to Canadian net zero rather than understanding a larger global context of GHG emissions lays at the heart of the recent MOU and unfortunately for Canadians will continue to guide flawed and expensive policies. Until we get the net zero policies right, we’re going to continue to spend enormous resources on projects with limited returns, costing all Canadians.

Jason Clemens

Executive Vice President, Fraser Institute

Elmira Aliakbari

Director, Natural Resource Studies, Fraser Institute
Continue Reading

Trending

X