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

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We notice that both Mikisew and the Athabasca Chipewyan First Nations have filed a 208 Page submission on Shell’s Jackpine Project. We draw the Joint Panels consideration to their well funded submissions We entreat the Joint Panels to note that we all live in the same isolated , beautiful community. If they have well documented impacts, then logically those impacts apply to us. We have been exercising our rights in our traditional territory since we first settled in Fort Chipewyan, long before Canada was Canada and long before British Columbia, Alberta, Saskatchewan and the NWT existed (P. A. McCormick, Ft Chipewyan and the Shaping of Canadian History, 1788-1920). E Role of the Regulatory Bodies The case of Rio Tinto Alcan Inc. and BC Hydro and Power Authority v. Carrier Sekani Tribal Council, 2010 SCC 43, (2010) 2 S.C.R.650 provides that in some cases a regulatory authority may be tasked with the role of consultation or may in fact be responsible for ruling on the adequacy of the consultation that has transpired. Métis Local 125 has written to both the Energy Resources Conservation Board (ERCB) and the Canadian Environmental Assessment Agency (CEAA) to ask them to rule pre-emptively on the ‘adequacy of Métis consultation’. We tried this approach because our organization receives no government funding. We have no ability to bring legal actions to protect ourselves. On the advice of our advisor, we wrote to you seeking to trigger the honour of the Crown and resulting duties that I was told about in the Supreme Court case law. I was told about how we are supposed to be treated “with the utmost good faith”. We received your response dated July 31, 2012, and not surprisingly you are forcing us into litigation. G Conclusion and Requests We are corresponding with Governments about Fort Chipewyan’s new approach to protecting our rights. We have indicated that if they are slow to address the issues we raise in this correspondence, justice will not be done – delay will in fact constitute denial of justice. The amount of development taking place in northern Canada is both significant and severely impacting our way of life (see enclosed map). We corresponded with Alberta and Canada asking to be engaged and resourced on an urgent basis to deal with all these regulatory matters (see included letter to Canada and Alberta). First Nations have been in consultation processes for over 10 years. It is going to take awhile for Fort Chipewyan Métis to document our baseline information and commission Traditional Land Use and Occupancy Studies. Please continue to notify us regarding the Joint Panels activities, but note ‘on the record’ that we believe notification or participation does NOT fulfill either Canada’s or Alberta’s consultation obligation for the reasons we set out in this letter. SOC Shell Projects August2012 (CAB) 4
Métis Harvesting in Alberta July 2007 – Updated June 2010 In the case R. v. Powley (September 19, 2003), the Supreme Court of Canada found that members of the Métis community in and around Sault Ste. Marie, Ontario have, under s. 35(1) of the Constitution Act, 1982, an aboriginal right to harvest for food that was infringed without justification by the Ontario hunting legislation. In reaching its decision, the Supreme Court set out a number of criteria for Métis people in establishing their right. Some Métis in Alberta are the beneficiaries of constitutionally protected harvesting rights as described in Powley. Three elements are essential to government of Alberta’s recognition of those rights: Determining who are Métis harvesters; What comprises Métis harvesting rights; and Where those rights can be exercised. Who is a Métis Harvester? A person who asserts a constitutionally protected Métis harvesting right has the onus to prove that assertion. A person who wishes to fish using a net must have a Métis Domestic Fishing Licence; an individual’s eligibility for that licence must be established before the licence is issued. A person who wishes to fish by any other legal means must have a sportfishing licence. A person who wishes to hunt must be able to demonstrate that he/she is a Métis harvester as described below. If checked while hunting, the person will be given 60 days to produce evidence of their status as a harvester, and, if unable to do so, may be charged with an offence. If an individual is uncertain whether they will be able to prove that they possess an aboriginal right they should seek legal advice, as you may be required to prove the existence of such a right in court if you are charged with an offence. Alternatively, individuals may wish to purchase the necessary licences in order to avoid uncertainty. A person is a Métis harvester only if he or she meets the test set out in the Powley case. Métis Harvesting in Alberta – July 5, 2007 - Updated June 2010 Page 1 of 5
Page 1 and 2: Fort Chipewyan Métis Local 125 Mé
Page 3: our organization has no capacity to
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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