Canada dismisses Nak’azdli First Nation concerns and Federal law
The Federal government hopped onto the grungy coattails of the British Colombia government this week, sending out a clear reminder that they couldn't care less about First Nation rights or concerns when it comes to mining on First Nations' territory.
Overstepping their Constitutional Duty to Consult and Accommodate First Nations, a duty that's been confirmed by the courts nearly a dozen times now, the government handed out its approval for the Mt. Milligan gold and copper project in the heart of Nak’azdli territory.
Headed by Terrane Metals, the Mt. Milligan mine is strongly supported by the company's majority shareholder, Goldcorp Inc..
"As with BC’s earlier approval, the federal approval for the Mt. Milligan (Shus Nadloh) mine is a flagrant violation of the Court-ordered duty to consult with First Nations and must be overturned," says Anne Marie Sam, a band councillor with the Nak'azdli First Nation. "It violates Canadian constitutional law that requires Canada to assess impacts of a proposed project on Aboriginal rights and title at every stage of federal approval, and the federal government has failed to respect our decision-making authority on Nak‘azdli lands."
“Given this information and the fact that Nak‘azdli have already filed its case against the Province’s approval and a court date is set for March 22, investors in this project still have nothing to celebrate”, adds Nak‘azdli Chief Fred Sam in a December 3 Press Release.
“Investors and the public need to be aware that the province and federal government ignored all of our concerns about the impacts of this proposed mine on our traditional lands and their vital headwaters and watersheds, and snubbed all our efforts to be involved in a meaningful environmental review process,” Chief Sam continues. “Their cavalier dismissal of Nak‘azdli was made clear when, despite the fact this mine will be built on our traditional lands, neither government saw fit to inform us of their approval... We had to find out from the media.”
The Nak‘azdli have been strongly opposed the mine for the past three years. Most notably, when the BC government gave its own approval for the project, in March, the First Nation warned that it was "prepared to consider all our options" to protect their rights and their territory.
Three months later, in June, 2009, the First Nation filed a petition against the project and served Terrane Metals with an eviction notice demanding the company "remove all their infrastructure and equipment from Nak’azdli territory.”
Despite these statements and many other actions, the company holds tight onto some arrogant optimism that they will be able to reach an agreement with the Nak’azdli.
It's not likely to happen any time soon, primarily, because the proposed mine is situated near several traditional land holdings, called Keyhos, which are of great cultural and religious significance to the Nak’azdli and other Dakelh-speaking people.
As explained on the Keyoh landholders website, the term "Keyoh" is often refer to as "a place for survival," a place "...where it becomes possible for individuals to attach in a personal way to the land. It is in this sense as a place for self-restoration, that the word 'survival', used to describe keyohs, is fully realized.”
The mine threatens to compromise the sanctity of the Keyhos, possibly contaminate local water sources, and eliminate existing fish habitats in the Alpine and King Richard Creeks, which will be reclassified as "tailings impoundment areas" granting Terrane Metals full legal rights to use them as waste dumps.
According to Canada's Environment minister, Jim Prentice, these and other concerns, often raised by the Nak-azdli, hold no merit whatsoever. In giving Terrane Metals the green light, Prentice, the former Minster of Indian and Northern affairs, concurred with the Department of Fisheries and Oceans that not "adverse environmental effects" are likely to occur.
Considering Goldcorp's environmental record in Honduras and Guatemala, and their own need to protect their land and their history, the Nak’azdli aren't willing to take that chance.
For more information, please contact Anne Marie Sam at 250-649-8284 or 250-996-7171
- About
- Spread the Word
I don’y know to me this seems like a declaration of war to me on the first nations out here.Funny since these two governments especially the BC government have so much to hide,so many skeletons in their closets that i almost find it amusing,that they would do this so openly,while the world is watching every act Canada is doing they have way more to hide then we do thats for damn sure.Oh well the world will be here soon for the 2010 Olympics this should be interesting Ha!!
From what I have read, there seems to have been a lot of work done to accommodate all the needs of the area (i.e. environmental, job creation and sustainability). Is there no middle ground, so that everyone can be happy with this potential project.
People could sure use some well paying and challenging work up in this area with all the plant closures, this would certainly have a big upside to the economy.
I’m all for the middle ground, peackeeper, but that’s just not possible as far as Canada is concerned.
The Nak’azdli (and every other First Nation in Canada for that matter) are being expected to make every single sacrifice here — even though it will fracture and undermine their culture, their traditions, and their history. The government won’t even acknowledge their concerns! Let alone seek a genuine middle ground.
On top of that, they (Nak’azdli) will be forced to bare whatever environmental consequences may arise in the future. When it comes to gold mining, those consequences are extremely hazardous, as the Mayans in San Miquel, Guatemala know all too well.
Finally, the Nak’azdli will benefit the least, economically.
Terrane stands to make something like $4 billion dollars from the mine. The Nak’azdli aren’t going to get anything from that. The province will, the federal govenrment will. But the Nak’azdli?
Sure, they’ll get a few dozen jobs out of the deal, but what good is that? They will only last as long as Terrane its taking its billions. Once they’re done, and they’re ready to move on for good, they’ll take the jobs with them—and then the Nak’azdli are snapped right back to where they are now—save the massive pools of chemical waste in their front yards.
As far as I’m concerned, the middle ground here means the Nak’azdli be made equitable partners in the mine. After all, they are not merely a union of unemployed Canadians. They are a separate and distinct people, and if they stand to lose the most, they should at least have a fair share of the money.. which they could then invest into community development, economic security, and environmental protection.
What about the McLeod Lake Indian Band??? They live closer to the mine and this is their PROVEN traditional territory, not just asserted like Nak’azdli. McLeod Lake band has shown support for the mine. McLeod Lake band squarely rejected Nak’adzli claim – McLeod Lake Band Chief Alec Chingee is on record stating, “In that area, the Nak’adzli Carrier have absolutely no aboriginal title”.
Indeed, I did neglect to mention McLeod Lake. Well, it’s great that want everyone to “prosper” from the mine even though the best they can hope for is crumbs because they are negotiating from a highly-disadvantaged point. But even so, just because someone asserts something, it does not make it true, Moondog. The same is often true for any proof (of use) and any study, claim, or court ruling. After all, our use of land was never fixed, we never had strictly defined borders, and we didn’t always leave footprints behind.
That’s where the Keyohs come in. Clearly, the government and industry refuse to acknoledge the Keyohs. And rightly so, because they all think Indigenous culture is a novelty. An old toy that needs to be thrown out. But what about McLeod Lake? This is a part of their own history and the history of their Brothers and Sisters.
They may be willing to brush this aside, but the Nak’azdli are not, regardless of any assertions or claims.
<>.
.
I agree. And it’s Nak’azdli doing the asserting.