ACRONYMS USED IN PAPER
—MB – Manitoba
—FNs - First Nations
—NFA - Northern Flood Agreement
—CASIL - Community Association of
South Indian Lake
—MIA & CIA - Master Implementation Agreement and Comprehensive Implementaion Agreement
—SOU – Statement of Understanding
—PDA- Project Development Agreement
—RCAP- Royal Commission on Aboriginal
Peoples
BRIEF HISTORYIn Northern MB, FNs enjoyed a self sufficient hunting, trapping, and fishing society. They operated in a small unit family structure, gathering only around Christmas and late January. The same measure of living was enjoyed by everyone. Members successfully combined long established activities with modern pursuits.
—Members would seldom remain within the area of concern when attempts were made to form organization. No-one was assigned specific roles in this process. There was no formal employee –employer relationship.
—Treaty was about livelihood, prior to Canada becoming country, FNs lived off land.
— This traditional land based culture was well off economically, a high level of autonomy enjoyed by the community contradicts the welfare state so commonly associated with contemporary Aboriginal communities.
—The project immediately resulted in the desiccation of wetlands. Sediment output rose to 550,000 tones and the collapse of commercial fishery followed.
—Before 1972, Fishing and trapping once contributed to ¾ of cash income, dropped to less than half in six years and provincial transfer increased six fold.
—The outcome was the project brought poverty rather than prosperity.
—In the late 1950’s, three groups begin plans to turn Northern MB rivers in a source of hydro electric power for Manitobans and beyond. These groups are, MB Hydro, Gov’t of MB, and the CDN Federal Gov’t (No FNs at table).
—Hydro begins operations where FNs and the environment are adversely affected, communities affected set up in the NFA Committee.
—Hydro argued the communities, “were experiencing serious problems of poverty and unemployment long before construction of the project”.
—Hydro viewed the Aboriginal way of life as unsuited to Manitoba's modern society, representing a dead end way of life, and it was their gift to Aboriginals to integrate them into modernity.
THE NATURE OF CONFLICT
—In the 1970's Manitoba Hydro, a Canadian government-owned utility company signed a treaty, the Northern Flood Agreement, with the Aboriginal peoples of northern Manitoba to build hydroelectric dams that would change the lives of the Cree forever. Billions of Canadian tax dollars went into creating this series of dams. Since that time, thousands of acres of pristine wilderness have been flattened by rushing water; an Aboriginal economy which relies on hunting and fishing has been all but destroyed; and the many Cree residents claim that Manitoba Hydro is not living up to their end of the Northern Flood Agreement.
Manitoba Hydro has also insisted that, in spite of these claims, they do honor the Northern Flood Agreement. In fact, they have representatives from some of the other Cree nations whose lives have also been affected by the dams, who will speak in defense of their company. These nations have signed more recent implementation agreements with Manitoba Hydro that include financial settlements for millions of dollars to each of these communities. They say American environmentalists are misleading the Pimicikamak and if they would only sign an implementation agreement, they too would benefit more fully from Hydropower.
Manitoba Hydro has also insisted that, in spite of these claims, they do honor the Northern Flood Agreement. In fact, they have representatives from some of the other Cree nations whose lives have also been affected by the dams, who will speak in defense of their company. These nations have signed more recent implementation agreements with Manitoba Hydro that include financial settlements for millions of dollars to each of these communities. They say American environmentalists are misleading the Pimicikamak and if they would only sign an implementation agreement, they too would benefit more fully from Hydropower.
POSITION
—Water is the lifeblood of mother earth. The FNs people are living in the middle of a poisoned well, swimming causes rashes. Submerged and rotting trees that have made waterways dangerous and the cause of numerous boating accidents and fatalities. Hunting and fishing way of life has been destroyed, replaced with dreadful poverty. People are caught in welfare system and a cycle of despair after the dam was built.
—Many of those who live in the comforts of the city do not see mother earth is sick and dying, along with the people in the north. Their mentality is the environment is a commodity, romanticizing the idea that if those Indians would just work and assimilate, the short-term, low end labor work Manitoba Hydro is offering will help improve their health. Some people see a board positions held by a brown bureaucrat who got bought off, read about a one sided agreement and believe that more than 50 years of corporate and government exploitation and neglect is justified.
—FNs are aware of the ‘national interest’ and development. They are not entirely opposed to it, rather want to be involved in consultation and revenue sharing.
—The public opinion is that hydro came up north and created all these jobs for FNs people and modernized them into the 21st century, and all they want is money. The opinion of FNs is Hydro has always employed the ‘build first negotiate later’ approach, and have always wanted a share of the revenue’s coming from their territories that they make a livelihood. Now that the 50 year lease renewal contract for further development is approaching; Hydro is offering their loose change one time buy out approaches, IE, six scholarships, NFA payouts. There are no top level executive jobs or training programs in communities to create long term employment, only temporary labor employment.
—Ultimately it is the water that is contaminated. The controlling of water, either washes away trees and erodes shores, or kills vegetation of thirst when levels are held back. The animals, fish and birds are all sick. Further the concern into the future is the water that is below the surface in the water tables, may be adversely affected forever. This may happen in the future for all our children and grandchildren. This will create water wars between provinces even Canada and USA. Water as a commodity is going to be as important as oil today, in the future.
ALARMING NUMBERS?
While the rate of suicides in FN youth is much higher that the Canadian average, the rate of suicide is hydro affected Manitoba FN communities is much higher than the Manitoba FN average.
—18 out of 100,000 - Canadian youth.
—41 out of 100,000 - Manitoba native youth.
—140 out of 100,000 - Hydro Impacted Native Community.
The youth recognize that the environment is affected by Manitoba hydro therefore their future will be greatly altered.
COMPARISONS
—Hydro electric dams are built in canyons in the United States with the canyon walls controlling the water levels. In northern Manitoba, the water has nowhere to flow but out words, causing irreversible environmental damage.
—Americans in the United States will push for manufacturing regulations overseas for Nike products, why do Canadians not push for the same ethical treatment in our own backyard from our companies.
—Federal and provincial governments are more interested in protecting family farms in the south than families up north that make living off the land.
—The environmental impact of hydro development in northern Manitoba can be compared to the environment impact of the oil sands in Alberta. IE,The Marshes can be likened to kidneys which keep the lakes healthy. Marshes have dried up since water levels are now controlled.
FALSE ADVERTISING
PPeple affected in Northern Manitoba drive by this sign and think this is NOT what our youth are doing along the shorelines.
Rather; THE EFFECTS OF HYDRO
The reality is the effects of water level fluctuations have eroded shorelines all across northern waterways. The landscape will change forever . Below the surface the water supply will also be affected so commercial ads are meant to influence public opinion.
BACKGROUNDER AND TIMELINE OF AGREEMENTS
—The Northern Flood Agreement (NFA) – First major agreement between government of Canada, MB, MB Hydro and the Northern Flood Committee (NFC) formed by communities affected, Cross Lake, Nelson House, Split Lake, York Factory and Norway House in 1977.
FNs view the NFA as a stall tactic and in the 1990’s four of the communities signed Comprehensive Implementation Agreements (CIAs), which in the case of Norway House is known as a Master Implementation Agreement (MIA). These agreements were signed with Canada, MB and MB Hydro and clarified the obligations of each party as well as provided substantial economic development funds to communities, along with significantly more land than the original NFA.
BACKGROUNDER AND TIMELINE OF AGREEMENTS
—The Northern Flood Agreement (NFA) – First major agreement between government of Canada, MB, MB Hydro and the Northern Flood Committee (NFC) formed by communities affected, Cross Lake, Nelson House, Split Lake, York Factory and Norway House in 1977.
FNs view the NFA as a stall tactic and in the 1990’s four of the communities signed Comprehensive Implementation Agreements (CIAs), which in the case of Norway House is known as a Master Implementation Agreement (MIA). These agreements were signed with Canada, MB and MB Hydro and clarified the obligations of each party as well as provided substantial economic development funds to communities, along with significantly more land than the original NFA.
BACKGROUNDER AND TIMELINE OF AGREEMENTS
—The Northern Flood Agreement (NFA) – First major agreement between government of Canada, MB, MB Hydro and the Northern Flood Committee (NFC) formed by communities affected, Cross Lake, Nelson House, Split Lake, York Factory and Norway House in 1977.
FNs view the NFA as a stall tactic and in the 1990’s four of the communities signed Comprehensive Implementation Agreements (CIAs), which in the case of Norway House is known as a Master Implementation Agreement (MIA). These agreements were signed with Canada, MB and MB Hydro and clarified the obligations of each party as well as provided substantial economic development funds to communities, along with significantly more land than the original NFA.
CRITICISMS OF NEGOTIATIONS AND SOLUTIONS
—NFA – RCAP (1996) concluded that the ‘history of NFA has been marked by little or no action in implementations of its obligations (p.118)
—CIA’s and MIA’s -come at a significant cost, extinguishment of all aboriginal land claims, and their transfer to the government of Canada, makes them available to development from private parties. The treaty parties embarked upon an initiative of escaping their continuing duties under the treaty once and for all by inducing the Cree communities to accept a one-time buy out in exchange for full and final extinguishment of their treaty rights. Cross Lake is the only Community not to sign insisting the NFA is carried out.
—CASIL – South Indian Lake had to fight for 17 years while MB Hydro tried to pay as little as they could to settle claims.
Wuskwatim and SOU: A Step Back
— This does not compare to other agreements in Canada, contains very loose provisions, creates aboriginal elite, is a watered down attempts at partnerships, employment, reconciliation, and new relationships.
—This is not a resource revenue sharing model and alters Treaties which are meant for both parties to share benefits of resources.
—It does not include financial penalties.
—Training is all orientated to manual and lower level employment. No management training.
—NCN assumes all financial liability and its tied to the success of future development and limits their ability to act as stewards of their own traditional resources.
CONFLICT AND EMOTIONS
—The SOU states no agreements or arrangements are meant to ‘alter’ aboriginal and treaty rights recognized and affirmed in the 1982 constitution act. This ensures the agreements that flow are business contracts. Not nation to nation agreements.
—The summary of understanding SOU does not support the hunting way of life, in fact. Moves in a direction that diminishes the possibility of a future for northern hunters.
—The SOU contains very loose provisions regarding community consultation and ratification. This means the people have to consent with the informed information and legal opinion.
—Since the PDA was prepared, printed, and eventually voted upon. A few months before the vote, one quarter of the voters, many whom opposed project, were made ineligible, as federal government stepped in to create a separate band for SIL which was bitter sweet victory for sub band, (20 years later, and to the favor of MB Hydro).
—The SOU does not compare favorably to similar types of agreements in other jurisdictions/ does not contain anything innovative or indicative of a desire for a new relationship. The Paix des Braves had hunter income supplements, back in 1975.
—An opinion for reconcilliation is the people of Grand Rapids and other communities could adapt a forgiving stance to show MB Hydro their willingness to move forward with this situation rather than dwell on past mistakes.
—This is not a resource revenue sharing model. The Paix des Braves in northern Quebec will gain significant financial benefit, 70 million a year, for 50 years, totaling 3.5 billion. Without financial risk.
—By MB Hydro and the Gov’t of MB entering into the Wuskwatim project, The remove themselves from financial risk and liability in the long term.
—The adverse effects agreement is not part of PDA. since ncn is a limited partner, they need the project to be financially successful, why would they create an adverse effects agreement that would place severe penalties for negative impacts. It is a really a lose-lose situation, if not successful. NCN will be left with a crippling debt and the impact on environment jeopardizing sustainable future.
—In the opinion of FNs, Treaty negotiated without conquest or surrender holds more legal weight both in the national and international court of law. Constitutional lawyers advise FNs that the ‘Spirit and Intent’ of Treaty also included to protect and preserve the resources.
—The NRTA, gave jurisdiction to province, which violates the Treaty making process which is why a FN like Cross Lake, holds a strong case for land rights and legal action.
—Recent supreme court decisions appear to support FN Treaty rights to land IE, Delgamuukw case. Further supported by UN, and the 1082 Partriation.
—The quality of water that surrounds northern aboriginal communities is directly tied to the quality of life in those communities, the so-called implementation agreements signed in the 1990’s, which serve to extinguish rights promised in the NFA, are unconstitutional, and will not stand in court challenges that will rise (Cross Lake).
—This was not a complete extinguishment clause because people were not consulted, accommodated nor did they give their consent for extinction rights to the land. Canada stresses a ratification process for the people to support any surrender or extinguishment of their Treaty's.
ATTEMPTED SOLUTIONS
—Breaking Down The Numbers: Project started in 1965, in 1991, Grand Rapids received 5.5 million. If you break that down, over 26 years, to a population of 600, that’s $211 538.46 a year, $ 352 a person a year, or 96 cents a day. Not a lot of money when you consider the profits MB Hydro makes, (375 million in profit a year) earned 150 million in net revenue in 2010-11. Retained earnings of 2,349 million Down from 346 million in 2008.
CONFLICT AND EMOTIONS
—FNs and Métis are treated as obstacles whose support should be purchased with the minimum possible expenditures. , and it treats the hunting and fishing economy as a residue from the past with no significant social or economic value in a contemporize context.
—Since 1982, MB Hydro generated 1.08 billion in revenue. The same year of the 1982 Canadian Partition that hereby recognizes and affirms existing Aboriginal and Treaty rights in Section 35. (Manitoba Hydro Annual Reports).
—To explain what effects hydro had on fishing, in the early 60s, a million pounds of pickerel were harvested, after 1963, the fish could no longer get through. Everybody went into hunger after the damn was built.
—A road into the community, Welfare and alcohol were introduced, which contributed to social chaos. There was a lot of violence. Residents recalled that workers who came in harassed and made fun of them.
—There was a hospital for workers, and nursing station for residents. Residents giving birth turned away and sent to nursing station.
—Betty Caylin worked in nursing stations. Was advised not to go work at Grand Rapids because of the racial and social tension
—Besides a way of life, a spiritual component was lost, infants used to be taken down by canoe to shoot the rapids, in which they would gain spiritual power, and have strength in body spirit and endurance, all important for a life of hunting. The best education for youth is through land and environment to observe the nature of animals plants, ect. Elders often say that the basic teaching of treaty is to study and understand mother earth.
—The rapids were turned off over night, there was no consultation, or process to integrate the local communities into the new economy. There were now RCMP and provincial authorities enforcing laws where you couldn’t hunt, or fish.
—There were forced relocations of people, whose homesteads dated back to the 1800’s, where family were born. Hydro expropriated the property.
INTERESTS AND GOALS
—Leaders of political parties talk about a plan to bring running water to FNs; Wonder where they will find a few million considering the billions of dollars coming out of their backyards in resources every year
—There is the attitude to just assimilate, that treaties are outdated. That it’s the peoples fault.
—Where was the transition period assistance? Assimilation is not an option. It is the most failed policy in Canadian history that makes government officials money.
—It’s the peoples fault, it’s a shared fault; Emotional disturbance on both sides. Migrant workers laugh at the people displaced. FNs give up and sink in cycle of despair and self abuse.
—Hydro changed the landscape forever. An entire way of life was altered, and the government and society goes off about healthy eating, and healthy lifestyle. On top of that the price of food is high.
—Hydro makes billions at the expense of FNs, a smaller piece of a larger puzzle that is the Indian industry. Other spin offs from this are the health and judicial system.
CONCLUSION
—The intent of MB Hydro to flood Northern Manitoba was not in the best interest of FNs but of Southern Manitoba.
—The Spirit of negotiations with FNs was not honorable or in good faith.
—Manitoba’s position was not about Treaty or resource sharing revenue sharing with FNs . Evidence shows that Manitoba would provide the least expenditure to flood the north.
—MB hydro ignored their own studies that showed that wildlife would be affected therefore the industry of hunting, fishing and fishing for FNs livelihood would be greatly affected.
—The environmental approach to flood the nrth wsa not about health or to protect the land but rather a way of making money.
—MB Hydro dealt a bad deal for FNs. MB Hydro may have provided some initial compensation for a short period of time; the benefit of FNs was temporary.
—Today there is ample evidence of lack of resources to huint fish and gathering of medicines.
—The water supply to northern reserves are 3rd conditions because of MB Hydro’s lack of vision to benefit FN people.
—MB Hydro to FNs was strictly a business deal and not nation to nation arrangement. The NFA may have seemed to look good in the beginning but has no lasting benefit to FNs.
—Some FNs like Cross Lake are completely against the current arrangements like Wuskwatim which appear beneficial in the beginning by providing some compensation, employment and training, but these will not last forever.
—A revenue sharing arrangement over one time buy outs would be more beneficial for Fns in the long run and has been goal.
—MB Hydro does not benefit FNs, Hydro rates are much higher in the north than in the south. The landscape of the land is forever changed or lost. MB Hydro has no respect for land but main focus is profit, neither federal government or provincial government are there to protect land. They are more interested in protecting family farms in the south than families up north that make living off the land.
BIBLIOGRAPHY
—J. Loxley, J. Silver, K. Sexsmith. Doing Community Economic Development. Fernwood Publishing. Winnipeg: 2007.
—Thibault Martin, Steven M. Hoffman. Power Struggles: hydro development and first nation in in Manitoba and Québec. Winnipeg.University of Manitoba Press: 2008.
—Aboriginal Affairs and Northern Development Canada
—www.Green Green Water.com
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