Fort Chipewyan Métis Local 125 Métis Nation of Alberta PO Box 306 ...

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established the constitutional test of ‘effective control by the Crown’ as the time at which Métis rights were crystallized, years later than the Van der Peet ‘contact test’ applicable to First Nations. 18 ... We accept Van der Peet as the template for this discussion. However, we modify the pre-contact focus of the Van der Peet test when the claimants are Métis to account for the important differences between Indian and Métis claims. Section 35 requires that we recognize and protect those customs and traditions that were historically important features of Métis communities prior to the time of effective European control, and that persist in the present day. This modification is required to account for the unique post-contact emergence of Métis communities, and the post-contact foundation of their Aboriginal rights. (R. v. Powley ,203 SCC 43, para. 18, p.15) What is obvious from both the chronology and the legal dissertations, Fort Chipewyan Métis are vested with both Aboriginal and constitutionally protected rights: whose origins predate Canadian confederation and the creation of Alberta, British Columbia, Saskatchewan and Northwest Territories; and, that are larger in scope and more robust than First Nations’ rights because of the adaptive Powley ‘effective control test’. Based on ‘oral testimony’ of my people, our traditional territory extends beyond Alberta’s borders into multiple Canadian jurisdictions. In their wisdom, the Canadian Courts have dictated that our perspective of our rights and the exercise of those rights is the guiding principal for interpretation because of our unique relationship with the Crown. Factually, the Powley decision was released in 2003, Alberta had a negotiated an Interim Métis Harvesting Agreement with the Métis Nation of Alberta in 2004 (enclosed), and since terminating the 2004 agreement, Alberta developed and imposed a unilateral Harvesting Policy in 2010 (enclosed). Via its June 2010 Métis Harvesting Policy, Alberta acknowledges the Fort Chipewyan Métis as ‘both a historic and contemporary rights-bearing community’. In the absence of any traditional land use or occupancy studies, Alberta creates a notional ‘deemed traditional territory’ of 160 km (enclosed map). The Fort Chipewyan Métis are taking a new approach to the regulatory area that is critically impacting our rights and way of life. C Consultation Policies Alberta has NO Métis Consultation Policy, but they have a First Nation Consultation Policy. So what is the effect of not having a Métis Consultation Policy? Alberta will not be able to say they have consulted with us as a rights-bearing people or even credibly assert that proposition. Canada has developed the words of a Métis Consultation Policy but has not made it real. Métis capacity building and meaningful Métis consultation are inextricably linked. There is a fairness principal that is NOT being met. The Crown cannot say that they have consulted and accommodated Métis rights when SOC Shell Projects August2012 (CAB) 2
our organization has no capacity to address the impacts of policies, developments, land use or proposed project developments. We cannot give informed consent without the means to become informed. Canada’s actions will not meet the tests developed by Canadian Courts regarding the principals and elements of legitimate Aboriginal consultation. There is no hierarchy of s. 35 Aboriginal rights so Alberta’s and Canada’s unequal treatment of rights bear-bearing Aboriginal peoples will not stand. First Nations receive some of the following capacity support that we are denied. federal basic per capital support to their organizations and community both federal and provincial program funding far in excess of what is available to us Alberta Industry have supported the development of Industry Relations Corporation (IRCs ) in every First Nation to enable their capacity (people, offices, studies, etc) to meaningful engage in consultation Alberta now funds basic organizational support to First Nation’s IRCs, so the First Nation IRCs are getting support from Canada, Alberta and Industry now there is no funding for us to commission baseline information or TLU studies, again unlike First Nations. Everything we have set out establishes that Fort Chipewyan Métis Local has absolutely NO capacity to be able to support any kind of engagement, consultation, or mitigation discussion with either governments or industry. D Impacts We assert that both the Jackpine and Pierre River Projects will have SERIOUS ADVERSE and PERMANENT IMPACTS on our both acknowledged or credibly asserted, constitutionally protected rights to: harvest for subsistence, cultural and commercially in , on and under the lands & waters navigate the waters & lands for commercial, recreational and cultural reasons exercise of our spiritual and cultural practices protect and allow our Métis way of life to survive and thrive Barb Hermansen has a publication called,” Barb Hermansen, The Last Woman to Raise Children on the Athabasca River” (June 2011). Barb and her grandchildren are members of Métis Local 125. Barb’s oldest grandson is supposed to inherit the trap line she raised both her children on. That trap line is on Shell’s Pierre River Mine. Barb tells many wonderful stories about her strong and knowledgeable mother, who harvested many things, including bitumen. As with other Métis in Northern Alberta, we harvested bitumen to seal boats or roofs. Barb’s mother would de-bark a tree to make shingles for her cabin. The bitumen was used to seal the joints between the bark shingles. Her grandson inheritance will be worthless. A way of life and their rights are being completely abrogated. Everyone Métis in Fort Chipewyan is a harvester of some kind, out of both choice and necessity. Fort Chipewyan is a fly in community. Our Métis way of life has changed little since the early 1800s. Almost everyone in Fort Chipewyan owns a boat or has access to one. These boats are used for recreation, harvesting , travel to Fort McMurray and commercial endeavours, like barging. SOC Shell Projects August2012 (CAB) 3
Page 1: Fort Chipewyan Métis Local 125 Mé
Page 5 and 6: Métis Harvesting in Alberta July 2
Page 7 and 8: Where Hunting Can Take Place A Mét
Page 9: Fishing Métis harvesters must abid

Fort Chipewyan Métis Local 125 Métis Nation of Alberta PO Box 306 ...

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