Mikisew Cree withdraw constitutional challenge of mining project Settle for undisclosed sum of money
I thought I would post this before it goes off the edmonton journal web-site. It shows the differences between environmentalists and Aboriginal peoples when it comes to resource development.
By
Hanneke Brooymans, edmontonjournal.com
The hearing to review Total’s Joslyn North Mine project adjourned on Tuesday, after the joint federal-provincial panel was told the Mikisew Cree would challenge the project on constitutional grounds.
“Mikisew’s concerns with the mine were borne out of frustration with the governments of Canada and Alberta over the mismanagement of oilsands lands in their traditional territory,” said the band’s lawyer, Don Mallon. “The Mikisew Cree First Nation was promised by the government of Canada in Treaty 8 the continued right to fish, hunt, trap and carry out traditional activities in their territory in perpetuity. The Mikisew believe that Canada and Alberta have broken that promise and (so they) intervened in the Total hearing.”
After a day of proceedings, Total agreed to pay the Mikisew an undisclosed sum and agreed to a private “social contract” with the band, Mallon said.
“In return, Mikisew withdrew its objection and constitutional challenge.”
Both parties agreed the Mikisew can still express their concerns to the review panel.
Mallon would not say how much money the company agreed to give the Mikisew, because it was a private contract. He also would not give details about the “social contract” the company signed with the band.
He said the concerns the Mikisew had, in addition to the environment, were the standard of living of their people, business opportunities, the education and training of their people, health concerns and their treaty rights.
“The agreement, in some fashion, assists the Mikisew to address most of these issues.”
The Oil Sands Environmental Coalition had also called for an adjournment
saying Total had failed to complete a proper assessment of the cumulative
effects of all industrial development in the area. The coalition’s lawyer,
Richard Secord, said he was not surprised the Mikisew reached an arrangement
with Total, since the Athabasca Chipewyan and Fort McKay First Nations had
already done so on the first day of the hearing. Also, the federal and
provincial government lawyers had warned the constitutional challenge could
mean a long delay. If the panel had rendered a decision, it could have been
taken up to the Court of Appeal for review and perhaps on to the Supreme Court
of Canada, he said.“So from Total’s perspective, I can’t imagine they could tolerate this kind of uncertainty.”
On the coalition’s adjournment motion, Secord said he was pleased the panel ordered Total to provide the coalition by Friday with certain evidence about the cumulative effects of development in the area. The hearing is scheduled to resume next week.
“We are pleased with the joint review panel’s decision and we look forward to resuming the hearing next Tuesday,” Total vice-president Gary Houston said in a statement. “We are confident that we are presenting an excellent project to the panel and to the public. During the hearing, we will provide the information necessary to judge our application fairly.”
hbrooymans@edmontonjournal.com