The speech Alberta Premier Rachel Notley gave to over 1,000 federal NDP delegates on Saturday in Edmonton’s Shaw Convention Centre was a stunning thing to behold.

In a mere half-hour, she received around a dozen standing ovations, cracked a pretty solid joke about Donald Trump and delivered a unabashed appeal for the approval and construction of pipelines “that are built by Canadians, using Canadian steel.”

But even more stunning was the fact that she completely failed to mention the rights or interests of First Nations, Métis and Inuit people.

Oil and Gas Industry Currently Critical to Alberta Economy

The Alberta government clearly has a reason for wanting to facilitate the export of more oil and gas via the proposed TransCanada Energy East and Kinder Morgan Trans-Mountain pipelines.

In 2014, energy products accounted for one-quarter of the province’s GDP and three-quarters of its exports. The global oil price has since plummeted by two-thirds, resulting in a projected provincial deficit of over $10 billion.

Notley emphasized in her speech that “hundreds of thousands of Canadians work in resource industries — here and across Canada” and “we need to be able to get the best possible world price for the oil we produce here” via “pipelines to tidewater that allows us to diversify our markets and upgrade our products.”

Alberta NDP Pledged to Implement UNDRIP, “Ensure Respectful Consultation”

Those are very nice ideas, supported by many political pundits and Alberta NDP supporters.

But unfortunately for such boosters, the NDP committed in its election platform to implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and to “work with Alberta Indigenous Peoples to build a relationship of trust and ensure respectful consultation.”

Article 32 of the declaration states that “Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories.”

And free, prior and informed consent (FPIC) underpins much of the document, requiring that Indigenous peoples are consulted with in a way that ensures a process free of manipulation, conducted well in advance and with plenty of information provided.

Eriel Deranger, communications manager of the Athabasca Chipewyan First Nation (ACFN) suggests the NDP’s push for the development of pipelines and oil and gas resources simply doesn’t respect the principle of free, prior and informed consent.

“Where’s the consent?” asks Deranger. “If communities want to say ‘no,’ then we’re talking about a government that’s willing to respect communities’ right to say ‘no’ and to uphold that right,” she says.

Many First Nations Oppose Energy East and Trans Mountain Expansion

Many First Nations and other Indigenous groups have voiced opposition to Energy East and the Trans Mountain expansion (the two projects considered most likely to be approved and constructed).

The Squamish, Tsleil-Waututh and Musqueam nations and Union of British Columbia Indian Chiefs are explicitly opposed to Trans Mountain, while the entire Iroquois caucus, Wolastoq Grand Council and Assembly of Manitoba Chiefs have united in resistance to Energy East.

A letter sent by Mohawk Kanesatake Grand Chief Serge Simon to Quebec Premier Philippe Couillard in early March stated: “The Mohawk Council of Kanesatake as well as the rest of the Iroquois caucus has made its choice. Other First Nations are making the same choice.”

Mike Hudema, climate energy campaigner at Greenpeace Canada, says: “Not only have First Nations not given their consent but they have said very strongly that they don’t want these pipelines going through their traditional territory.”

Federal Government Positioning to Implement Pipeline Strategy

On Monday, the National Post’s John Ivison reported (while vaguely citing “people with knowledge of the matter”) that Prime Minister Justin Trudeau has instructed cabinet ministers to prepare a pipeline strategy to “make Energy East and Trans Mountain expansion in British Columbia a reality.”

The federal government has also pledged to implement UNDRIP, as well as all 94 calls to action contained in the Truth and Reconciliation Commission.

The TRC also emphasizes the concept of free, prior and informed consent of Indigenous peoples “before proceeding with economic development projects” and the requirement of “recognition and integration of Indigenous laws and legal traditions in negotiation and implementation processes involving Treaties, land claims, and other constructive agreements.”

Many First Nations Desire Co-management of Resource Development

Deranger emphasizes that First Nations communities are not anti-development: “There’s this really, really antiquated notion that if you give First Nations the right to say ‘no’ we’re going to end up back in teepees and sending smoke signals or something really ridiculous,” she jokes.

Rather, she says First Nations are asking for co-management of resource development, something that has been done in the Northwest Territories, Nunavut, Northern Quebec and Manitoba (ACFN has been petitioning for a similar arrangement for 20 years).

“Co-management is not asking for everything,” she says. “It’s asking to be partners. Our ancestors signed our treaty agreements believing that we were signing nation-to-nation agreements, to be given equal say in the development of our lands and territories.”

There has been no public indication that such conversations are on the radar of the provincial or federal government.

Alberta’s Push for Pipelines “Flies in the Face of These Commitments”

After all, truly engaging with documents like UNDRIP and the TRC would require a complete overhaul of how development is conducted, could potentially pose a threat to corporate profits and prove difficult to explain to voters.

But the Alberta NDP perhaps shouldn’t have promised to implement such policies if it just wanted to continue rapid oilsands development in Treaty 8 territory and ram pipelines through other sovereign territories without ensuring free, prior and informed consent beforehand.

“I do think the Alberta government pushing so hard for pipelines really flies in the face of these commitments,” Hudema says. “A lot of First Nations communities are looking to see how the government deals with this situation to know how serious the government really is to its commitments to First Nations people.”

Image: Premier Rachel Notley holds a sign in support of the Energy East pipeline. Photo: Premier of Alberta/Flickr.

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The impending closure of a key multi-stakeholder group that provides advice to Alberta and the federal government on the environmental effects of the oilsands was unexpectedly delayed by an injection of money from oil companies.

The funds come at a time when the future – and the purpose – of the organization, which involves the participation of aboriginal, industry, government and environmental groups, is increasingly uncertain. 

The Edmonton Journal reports that the 12-year-old Cumulative Environmental Management Association (CEMA) was to be shut down on January 1, which would have resulted in layoffs, eviction from their offices, and the termination of contracts with scientists working on issues ranging from speedier land reclamation in the oilsands to the improvement of water quality.

However, oil company stakeholders provided $400,000 to keep the organization funded for a little while longer.

"It is for the first month of 2014 only," CEMA spokesman Corey Hobbs told Fort McMurray Today.

CEMA's uncertain future depends on Alberta's newly appointed Environment Minister Robin Campbell, who can resist pressure from the energy industry to have the organization shut down.

"We are optimistic that Minister Campbell will make a positive decision for the future of CEMA," said Hobbs. "There is no indication from anyone that the province does not support CEMA's research or work in the oilsands."

Managing Impacts

According to Andrew Read, Technical and Policy Analyst with the Pembina Institute, CEMA’s role is to “produce recommendations and provide management frameworks” regarding the cumulative impacts of the oilsands. The group consists of more than 50 members ranging from First Nations and Metis groups, environmental advocacy organizations and industry.

CEMA’s recommendations are based on the monitoring work of other environmental agencies.

According to Read, environmental monitoring agencies and CEMA provide complementary work: “monitoring agencies watch what’s happening in the environment and CEMA develops plans on how we can manage the resultant effects of industry to maintain environmental quality.”

The Pembina Institute withdrew from CEMA in 2008 citing numerous shortcomings with the multi-stakeholder framework, including a continued failure to adequately address environmental concerns.

CEMA has been struggling since 2012, when the Oil Sands Developers Group cut the organization's 2013 budget to $2.5 million for the first six months, down from $5 million the previous year. Then-environment minister Diana McQueen restored the group's funding and ordered a review of its future.

The province’s review, submitted in August 2013, showed industry wanted CEMA shut down. Renewed funding for the organization was refused. In September, industry members called for CEMA to be disbanded and its policy development job shifted to an industry-only group.

"We're very close to losing CEMA," said CEMA executive director Glen Semenchuck. "We've been waiting for five months for the minister to respond. Is CEMA going to survive? I don't know."

An Industry Imbalance?

Helene Walsh, Canadian Parks and Wilderness Society representative to CEMA, says the cuts in industry funding are the result of an increase in non-industry stakeholder input.

“CEMA was largely industry dominated until the organization was restructured a few years ago with the four different chambers [aboriginal, environmental, industry and government] given equal voting power. Soon after that industry started reducing their funding and now they want CEMA to stop its work,” she said.

With CEMA shuttered, it would be difficult to know how non-industry groups, like First Nations, could contribute to cumulative impacts management, says Read.

“Without CEMA, there is a significant vacuum of expertise in the management of cumulative effects in Alberta that balances the needs of all of the stakeholders in the oilsands region. If it were to cease to exist, there would be a significant need for increased government and industry engagement with stakeholders to identify and address the various cumulative effects resulting from oilsands development.”

CEMA was founded in 2001 by former Premier Ralph Klein with the mandate of addressing the oil industry's environmental footprint. It is the only scientific agency that does government policy work by engaging all local stakeholders for consensus decisions.

Moving Ahead, But in the Wrong Direction

Alberta recently established the Alberta Environmental Monitoring, Evaluation and Reporting Agency (AEMERA) intended to harmonize and ensure the credibility of environmental monitoring across the province.

Read said the Pembina Institute is “watching the establishment of AEMERA carefully as it will dictate the credibility of environmental information that is reported by the agency.”

“We are concerned about the substantial powers being granted to the AEMERA board which is appointed by the government and does not require equal or fair representation of all stakeholders. Ultimately without fair and equal representation on the board, AEMERA may suffer from the same credibility issues as past agencies have,” Read said.

In the last year, CEMA released a detailed guidance document on end-pit lakes, and hopes to release a wetland reclamation policy guide and a framework to help industry and government understand Aboriginal traditional knowledge, in 2014.

With no budget for 2014, scientific projects are currently frozen.

Alberta also faces the possible closure of the Wood Buffalo Environmental Agency (WBEA), which monitors air pollution in the oilsands area and is currently running on emergency funds.

“If CEMA were strengthened and aboriginal and environmental groups were truly able to influence the development of the tar sands there would be hope for positive change and improved management that could improve the prospects for healthy water, air, land, wildlife, people and communities,” says Walsh, who also works with Keepers of the Athabasca.

“Closure of CEMA is a step in the wrong direction.”

Image Credit: Kris Krug

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