northern environmental justice: a case study of … proposed site c dam is of considerable concern...

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University of Northern British Columbia 3333 University Way, Prince George, BC, Canada, V2N 4Z9 August 23, 2017, 2017 Dear Commissioners Morton, Keilty, Cote and Mason, I am writing to address the questions regarding the proposed Site C before the BC Utilities Commission as a citizen who has been following the destructive effects and costs of the Site C dam and as a scholar who examines the links between development and society. In particular my research has focused upon impacts of development to indigenous peoples in collaborative projects with them: Booth, A.L. And N.W. Skelton. 2011. ‘We are Fighting for Ourselves’ - First Nations’ Evaluation of British Columbia and Canadian Environmental Assessment Processes. Journal of Environmental Assessment Policy and Management 13(3): 367-404. Booth, A.L. And N.W. Skelton. 2011. ‘You spoil everything!’ Indigenous Peoples and the Consequences of Industrial Development in British Columbia. Environment, Development and Sustainability. 13(4): 685- 702. The proposed Site C dam is of considerable concern to me for a number of reasons I’ll address below, and I would strongly urge its cancellation as, I believe, any costs accrued from cancellation are much less than the serious costs of it continuing. My reasons for concern are the following: BC Hydro has been neither honest nor transparent in its reporting on circumstances around Site C. The project is well behind on its timelines, indicating construction costs are likely vastly underestimated, additional costs I and other taxpayers will inherit. Nor do I believe their estimates for cost effective electricity generation, nor their need projections, as others have documented: “B.C.’s auditor general has noted that Hydro uses deferral accounts to push off costs into future years and to give the artificial appearance of annual profitability. ”http://www.timescolonist.com/business/b-c-hydro-debt-puts-credit-rating-at-risk-1.8588424 The loss of non-replaceable arable land is nowhere factored into cost calculations. Canada is a net food importer, a shocking state of affairs, and the ongoing loss of arable land across BC should not be allowed to continue. In-country food production increases national food security, the quality of available foods due to better regulation and long term employment opportunities and economic contributions. Compared to the small number of permanent jobs generated by Site C, agricultural production has long term opportunities. The loss of family farms and livelihoods and the emotional toll on peoples losing their homes can never be adequately addressed by offered buyouts, and as a citizen of a putative democracy I believe the trampling of the lives of a remote “minority” for the theoretical benefit of a voting majority in the Lower Mainland is antithetical in a democracy. The loss of wildlife habitat is also incalculable. Most species in BC are already under pressure from development in the “sacrifice zone” the Peace has become. Williston Dam devastated wildlife populations for decades; it is unclear that any will survive in sustainable numbers after Site C. As an “owner” of these lands and their wildlife, as Site C will occupy Crown land, I am devastated that such iconic species are not valued over unnecessary and politically driven 30-1

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University of Northern British Columbia 3333 University Way, Prince George, BC, Canada, V2N 4Z9

August 23, 2017, 2017

Dear Commissioners Morton, Keilty, Cote and Mason,

I am writing to address the questions regarding the proposed Site C before the BC Utilities Commission as a citizen who has been following the destructive effects and costs of the Site C dam and as a scholar who examines the links between development and society. In particular my research has focused upon impacts of development to indigenous peoples in collaborative projects with them:

Booth, A.L. And N.W. Skelton. 2011. We are Fighting for Ourselves - First Nations Evaluation of British Columbia and Canadian Environmental Assessment Processes. Journal of Environmental Assessment Policy and Management 13(3): 367-404.

Booth, A.L. And N.W. Skelton. 2011. You spoil everything! Indigenous Peoples and the Consequences of Industrial Development in British Columbia. Environment, Development and Sustainability. 13(4): 685- 702.

The proposed Site C dam is of considerable concern to me for a number of reasons Ill address below, and I would strongly urge its cancellation as, I believe, any costs accrued from cancellation are much less than the serious costs of it continuing.

My reasons for concern are the following:

BC Hydro has been neither honest nor transparent in its reporting on circumstances around Site C. The project is well behind on its timelines, indicating construction costs are likely vastly underestimated, additional costs I and other taxpayers will inherit. Nor do I believe their estimates for cost effective electricity generation, nor their need projections, as others have documented: B.C.s auditor general has noted that Hydro uses deferral accounts to push off costs into future years and to give the artificial appearance of annual profitability. http://www.timescolonist.com/business/b-c-hydro-debt-puts-credit-rating-at-risk-1.8588424

The loss of non-replaceable arable land is nowhere factored into cost calculations. Canada is a net food importer, a shocking state of affairs, and the ongoing loss of arable land across BC should not be allowed to continue. In-country food production increases national food security, the quality of available foods due to better regulation and long term employment opportunities and economic contributions. Compared to the small number of permanent jobs generated by Site C, agricultural production has long term opportunities.

The loss of family farms and livelihoods and the emotional toll on peoples losing their homes can never be adequately addressed by offered buyouts, and as a citizen of a putative democracy I believe the trampling of the lives of a remote minority for the theoretical benefit of a voting majority in the Lower Mainland is antithetical in a democracy.

The loss of wildlife habitat is also incalculable. Most species in BC are already under pressure from development in the sacrifice zone the Peace has become. Williston Dam devastated wildlife populations for decades; it is unclear that any will survive in sustainable numbers after Site C. As an owner of these lands and their wildlife, as Site C will occupy Crown land, I am devastated that such iconic species are not valued over unnecessary and politically driven

30-1

CIRAKARANew Stamp

developments such as Site C. Nor does it make economic sense as Damien Gillis estimates that Keeping the Peace Valleys farmland and ecosystems intact would be worth $7.9 billion to $8.6 billion a year in perpetuity (http://commonsensecanadian.ca/peace-valleyfarmland-ecosystems-worth-8-billion-year-study/).

Finally, there are the circumstances of the Indigenous peoples in the Peace. Treaty No. 8 grants Indigenous peoples a clear right to continue their traditional lives unfettered, to continue to hunt, gather, practice their spirituality and to honour their ancestors lives and the future of their children. That Treaty is a binding legal document and upholding that document is the basis for the honour of the Crown. To abrogate Treaty and Aboriginal rights, as proceeding on Site C (as indeed any current work on Site C has already done) tarnishes irrevocably the honour of the Crown. At a time when governments provincial and federal call for a new relationship with Indigenous peoples residing in what is now Canada, proceeding with developments like Site C is to put lie to that expressed desire.

For these several reasons, as well as other concerns such as climate change that Ive no doubt others can address more cogently than I, I urge the Commission to recommend stopping in perpetuity the plan to build Site C dam. I include in this submission a recent case study I wrote demonstrating that Site C represents a clear case of environmental injustice in support of this argument.

Sincerely,

Annie L. Booth PhD, MES, BA, RPP/MCIP on leave 2017 Professor (Environmental Studies) Ecosystem Science and Management Program University of Northern British Columbia 3333 University Way Prince George, British Columbia V2N 4Z9 Canada 250-960-6649 [email protected]

mailto:[email protected]

ARTICLE CASE

Northern Environmental Justice: A Case Study of Place, Indigenous Peoples, andIndustrial Development in Northeastern British Columbia, Canada

ANNIE L. BOOTH

Ecosystem Science and Management Program, University of Northern British Columbia, Prince George, BritishColumbia, CanadaEmail: [email protected]

ABSTRACT This case study introduces the concepts of place-based and Indigenous environmental justice as well as

the theory of Indigenous sovereignty, as articulated within a Canadian context and considers their application with

respect to the Indigenous peoples with traditional territories within the borders of Canada. The specific legal and indus-

trial contexts affecting Indigenous peoples in Canada are briefly examined to frame two cases of environmental justice

issues in the northeastern corner of British Columbia. The two cases are oil and gas development and the proposed

development of a new dam which will represent the largest industrial development in Canada in the last several deca-

des. The perspectives of British Columbia Treaty 8 Indigenous Nations on the impacts of these industrial developments

are presented.

KEY MESSAGE

Students viewing this case study will:

Gain a basic understanding of place-based andIndigenous environmental justice, as well as Indigenoussovereignty.

Gain an understanding of the challenges facingIndigenous peoples in Canada with respect to industrialdevelopment, as examples of environmental injustice.

Be introduced to two examples of environmentaljustice issues affecting Indigenous peoples in BritishColumbia, Canada; oil and gas exploitation and aproposed dam.

Gain an understanding of the concerns of theIndigenous peoples with respect to these twodevelopments.

INTRODUCTION

Indigenous Youth Took Center Stage at PeoplesClimate March (May , )

Chiles Indigenous Mapuche Protest Deadly PoliceBrutality (March , )

Ecuadors Indigenous People Take Their Caseagainst Chevron to Canada (December , )

The Dakota Access Pipeline and Doctrine of NativeGenocide (December , )

Quebec Mohawk Chief Vows Civil Unrest If B.C.Pipeline Moves Forward (December , )

Guatemalas Indigenous Water ProtectorsOrganize to Challenge Hydroelectric Projects(December , ) []

Industrial development threatening Indigenous peoplessurvival occurs across the globe and, in the Americas, goesback centuries to the time of European invaders. Thisencompasses everything from nuclear bomb tests (the USsouthwest, the Bikini Islands, and Australia []), to murderin the name of resource extraction (Guatemala, Honduras[]), to pollution poisoning critical lands and Indigenouspeoples (Canada [, ]). In the face of such threats, Indige-nous peoples around the globe and across the centuriesresist, as the news headlines above suggest. Ongoing con-flicts with industry, and the governments which facilitateindustrial development, make the discussion and practice

1

Case Studies in the Environment, , pps. . electronic ISSN -X. by the Regents of the University of California. All rights reserved. Pleasedirect all requests for permission to photocopy or reproduce article content through the University of California Presss Reprints and Permissions web page,www.ucpress.edu/journals.php?p=reprints. DOI: https://doi.org/./cse..sc.

mailto:[email protected]/journals.php?p=reprintshttps://doi.org/10.1525/cse.2017.sc.454154

of environmental justice with respect to Indigenous peoplescritical. It is also critical to recognize that for every well-publicized case of environmental injustice, others just asserious occur regularly, but are far less visible.

This case study examines environmental justice (EJ) andIndigenous peoples in Canada focusing upon the challengesfaced by Indigenous peoples in northeastern BritishColumbia.While not as well-known as some current Indig-enous protests, this corner of Canada illustrates the threatsto the survival of Indigenous cultures through threats toecosystems underpinning those cultures. Northeastern BCis an environmental and social sacrifice zone, as industrialdevelopment in this remote location benefits the more pop-ulous areas in southern BC, and Canada, while the costsand impacts to local communities are poorly recognizedand overshadowed by proposed industrial developmentsin more populated areas.

CASE STUDY CONTEXT AND THEORETICAL

LENS

Twenty-first century Canada economically remains a signif-icant primary resource producer. As of , . millionjobs are directly or indirectly linked to natural resourcesextraction, accounting for % of Canadas Gross DomesticProduction. Over the next decade, over major resource-based projects are in process, representing an estimated$ billion Canadian dollars of investment. The naturalresources sector contributes $ billion to government cof-fers annually through $ billion worth of exports [].This creates immense incentive to exploit these naturalresources, which creates serious challenges for ecosystemand human wellbeing. Exacerbating these circumstances isa geographic stratification of population and natural resour-ces in every Canadian province and territory such that themajority of the population (holding the majority of politicaldecision-making ability) lives far away from the under-populated hinterlands where the majority of natural resour-ces are extracted. That majority population, which benefitseconomically from resource extraction and elects the govern-ments promoting resource extraction, are usually insulatedfrom the immediate consequences of extraction activitiesand are able to ignore the consequences for the smaller remotepopulations living adjacent to extraction sites. This is thejumping-off point for bringing an environmental justice lensto bear.

Environmental justice as a concept developed in theUnited States around the understanding that visible

minorities and economically disadvantaged people are dis-proportionally targeted for and affected by industrial devel-opment [], (Figure ). A foundational EJ event was a Warren County, North Carolina (USA) blockade, where alargely African-American community protested its selec-tion as a hazardous waste disposal site without being con-sulted in the decision-making process [], (Figure ).Subsequent EJ work linked race/income with locallyunwanted land uses. In the s, approximately threeout of five African Americans lived near at least one uncon-trolled hazardous site as did half of Native Americans [].Presently, visible minorities remain more likely to beexposed to contamination impacting ecosystems and cul-tural subsistence [], (Figures ).

FIGURE 1. Art by Ricardo Levins Morales (Source: http://www.rlmartstudio.com).

FIGURE 2. Jenny Labalme, Photograph of Warren County Pro-tests (Source: https://sites.duke.edu/docsts__s_sb/what-is-environmental-justice/history/).

2 CASE STUDIES IN THE ENVIRONMENT 2017

http://www.rlmartstudio.comhttp://www.rlmartstudio.comhttps://sites.duke.edu/docst110s_01_s2011_sb211/what-is-environmental-justice/history/https://sites.duke.edu/docst110s_01_s2011_sb211/what-is-environmental-justice/history/

In the United States, most EJ theory is race based. InCanada, where EJ theory started with a focus upon race[, , , ], additional key foci include place, geographyand class, or place-based EJ []. Place-based EJ is less devel-oped than race-based theory, but may have greater applica-tion to resource extraction in remote places. Place-based EJtheory derives from a range of variables, including commu-nity size in relation to population centers, economic contextsand social/cultural elements, rather than solely race [].

In Canada, much EJ theory and practice also centersaround Indigenous peoples [, , , , , ]. The theoryof Indigenous EJ links race-based EJ and place-based EJ asIndigenous peoples are inextricably linked culturally andphysically to the matrix of ecosystems within which theirculture exists. However, environmental justice generallyneeds better development with regard to Indigenous peo-ples [, , , ], and relatively little research examinesEJ and Indigenous peoples in Canada [, , , , ,, , , , , ]. Table summarizes key elementsaspects of these three EJ theories.

One last theory is relevant to this case study, Indigenoussovereignty, given the unique legal circumstances of Indige-nous peoples within Canada. Indigenous peoples are facedwith systemic environmental injustice due to the failureby the Canadian state to recognize underlying and inalien-able Aboriginal title and rights to traditionally used publiclands (Crown land in Canada) and natural resources [,p.]. This reality gives rise to demands for the recognitionof Indigenous sovereignty. Indigenous sovereignty is,according to Indigenous theorist Coulthard, the call for

FIGURE 3. Image by Wake Forest, My Neighborhood is KillingMe (Source: http://beautifultrouble.org/theory/environmental-justice/).

FIGURE 4. Photograph, Child and Power Plant (Source: https://www.michigandaily.com/article/toxic-tour-lead).

FIGURE 5. Photograph, Houston High School and PowerPlant (Source: http://blogs.edf.org/texascleanairmatters////houstons-environmental-justice-encuentro-to-chart-path-forward-for-communities/).

FIGURE 6. Photograph, House and Nuclear Plant (Source:http://serc.carleton.edu/integrate/workshops/envirojustice/index.html).

Northeastern British Columbia Environmental Justice Study 3

http://beautifultrouble.org/theory/environmental-justice/http://beautifultrouble.org/theory/environmental-justice/http://serc.carleton.edu/integrate/workshops/envirojustice2013/index.htmlhttp://serc.carleton.edu/integrate/workshops/envirojustice2013/index.htmlhttps://www.michigandaily.com/article/toxic-tour-leadhttps://www.michigandaily.com/article/toxic-tour-leadhttp://blogs.edf.org/texascleanairmatters/2014/05/13/houstons-environmental-justice-encuentro-to-chart-path-forward-for-communities/http://blogs.edf.org/texascleanairmatters/2014/05/13/houstons-environmental-justice-encuentro-to-chart-path-forward-for-communities/http://blogs.edf.org/texascleanairmatters/2014/05/13/houstons-environmental-justice-encuentro-to-chart-path-forward-for-communities/

the delegation of land, capital, and political power from thestate to Indigenous communities through a combination ofland claim settlements, economic development initiatives,and self-government agreements [, p.]. Indigenous the-orist Simpson further describes the requirements for devel-oping Indigenous sovereignty:

Building diverse, nation-culture-based resurgencesmean significantly reinvesting in our own ways of

being: regenerating our political and intellectualtraditions; articulating an living our legal traditions,language leaning; creating and using our artistic andperformance based traditions. [Decolonization]requires us to reclaim the very best practices of ourtraditional cultures, knowledge systems and lifewaysin the dynamic, fluid, compassionate, respectfulcontext in which they were originally generated[, pp.].

TABLE 1. Key features of three environmental justice theories

Race-based EJ Place-based EJ Indigenous EJ

Racial discrimination inenvironmental policy-making andenforcement of regulations andlaws.

The deliberate targeting ofcommunities of color for toxicwaste facilities.

The official sanctioning of thepresence of life-threatening poisonsand pollutants for communities ofcolor.

Excluding people of color fromleadership of the environmentalmovements.

Drawn from [] The fair treatment and

meaningful involvement ofall people regardless of race,color, national origin, orincome with respect to thedevelopment,implementation, andenforcement ofenvironmental laws,regulations, and policies....Fair treatment means thatno group of people shouldbear a disproportionate shareof the negativeenvironmental consequencesresulting from industrial,governmental andcommercial operations orpolicies.

United States EnvironmentalProtection Agency (https://www.epa.gov/environmentaljustice).

Environmental inequities havemore to do with geographicalcontextuality and socioeconomiccharacteristics than ethnic identity.

Key variables include: Community size in relation

to major population centers Economic/political standing

derived from proximity orsignificance to political/economic centers

Economic contexts (is thecommunity a resource-extractive economy versus aknowledge-based or othertype of economy)

Social/cultural elements. Place-based EJ is defined by

Mitchell as: The right to a safe, healthy,

productive and sustainableenvironment for all, inwhich environment isviewed in its totality andincludes ecological(biological), physical(natural and built), social,political, aesthetic andeconomic components[, p.)].

Focuses upon the key challenges facingIndigenous people across the globe.

While based upon a racial characteristic(indigeneity) this is also based within geographiccontextuality (place-based EJ).

Unlike broader place-based EJ, Indigenous EJrecognizes geographical presences and culturesfixed within certain places that can trace rootsback thousands of years.

Place and culture/spirituality are inextricablyintertwined and are included within assessmentsof harm and response, in addition to physical,health, or economic harms.

Schlosberg and Carruthers [, p.] state thatIndigenous environmental injustices are directassaults not only against the people, but alsoagainst cultural practices and beliefs, and theability of their community to reproduce thosetraditions. Indigenous leaders thus articulateenvironmental injustices as a set of conditionsthat remove or restrict the ability of individualsand communities to functionconditions thatundermine their health, destroy economies andcultural livelihoods, or present generalenvironmental threats.

4 CASE STUDIES IN THE ENVIRONMENT 2017

https://www.epa.gov/environmentaljusticehttps://www.epa.gov/environmentaljustice

The legal context in Canada provides significant support forIndigenous sovereignty, as Indigenous peoples in Canadahave significant legally based rights. While the legal circum-stances of Indigenous peoples are exceedingly complex,beyond this case study to explain,1 and subject to changethrough court cases, key protections/considerations include:

Section of the Canadian Constitutionrecognizes (rather than grants) Aboriginal rights tohunt, fish, and gather for subsistence, ceremonial, andcultural survival purposes (Table offers key excerpts).

A series of federal laws and court decisions overAboriginal rights around, and possible legal title to,lands and resource access.

Historical (numbered) and modern treaties.

Aboriginal rights have been upheld by a series of court cases(R. v. Delgamuukw ; R v. Sparrow ; TsilhquotinNation v. British Columbia ; Tsilhquotin Nation v.British Columbia ) []. After conservation require-ments are met, Indigenous peoples have priority rights toaccess land and natural resources, only then followed bythe contingent rights held by companies and mainstreamsociety (R. v. Sparrow ). Sparrow determined that anyinfringement upon established Aboriginal rights must be

avoided unless there are compelling and substantial rea-sons (usually determined by government, subject to courtchallenge), in which case, government can infringe uponAboriginal rights, including limited access to, or use of,natural resources. In addition to Aboriginal rights, most,but not all, Indigenous peoples possess rights conferred byhistorical (numbered) or modern treaties agreed to bytheir governments and the federal government of the time.

However, treaty and Aboriginal rights are frequentlyignored or abrogated by government. In these cases, Indig-enous Nations have resort only to lengthy and expensivecourt challenges to force a government to honor legal obli-gations [, ]. Governments are also obligated to consultmeaningfully with Indigenous peoples when anticipatingimpacts upon their rights from proposed developments,and are often expected to mitigate such impacts. However,neither rights nor legal obligations have stopped industrialencroachment or impacts upon ecosystems critical to thesurvival of Indigenous cultures. If government chooses tosimply ignore Indigenous Nations concerns, there are fewmeans outside of (often unsuccessful) court challenges orcreating public outcry to force government to do otherwise.

A final lens by which to examine these issues is the lensof Indigenous worldviews, especially in relation to Indige-nous embeddedness within specific ecosystems. World-views are how a group defines their world, and there is asignificant mismatch between Indigenous worldviews andthose of non-Indigenous Canada. For Indigenous cultures,

TABLE 2. Selections from Section Constitution Acts (Canadas Constitution Act

PART IIRIGHTS OF THE ABORIGINAL PEOPLES OF CANADA

Marginal note: Recognition of existing aboriginal and treaty rights

. () The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

Definition of aboriginal peoples of Canada

(2) In this Act, aboriginal peoples of Canada includes the Indian, Inuit and Mtis peoples of Canada.

Marginal note: Land claims agreements

(3) For greater certainty, in subsection (1) treaty rights includes rights that now exist by way of land claims agreements or maybe so acquired.

Marginal note: Aboriginal and treaty rights are guaranteed equally to both sexes

(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteedequally to male and female persons.

Source: http://laws-lois.justice.gc.ca/eng/const/page-16.html

Muir and Booth [] provide an overview of the legal frameworkaffecting indigenous peoples in Canada with respect to land and naturalresources, as of .

Northeastern British Columbia Environmental Justice Study 5

http://laws-lois.justice.gc.ca/eng/const/page-16.html

the land, animals, and plants that make up an ecosystemwithin which they exist are far more than a collection ofexploitable resources [, ]. Indigenous peoples are rootedin specific ecosystems through complex interconnectionsderived from their history, their cultures, their spirituality,and their community networks linked throughout theecological attributes of their traditional territories. This cir-cumstance, from an Indigenous EJ lens, requires recogni-tion of the distinct impacts of industrial exploitation ofresources in territories of Indigenous peoples. This includes,for example, an erosion of traditional knowledge, the loss oftraditional foods and traditional material goods createdfrom specific (and non-substitutable) plants and animals,the loss of natural resources required for cultural subsis-tence, destruction of the graves belonging to their ancestors,and intrusions not just into traditional use areas, but intosacred lands as well [, ].

Indigenous demands for environmental justice gobeyond distributional equity to emphasize. . .their abil-ity to continue and reproduce their traditions, practices,cosmologies, and the relationship with nature that tienative peoples to their ancestral lands [, p.].

The consequences for Indigenous peoples of industrialdevelopment upon lands they utilize to maintain their cul-ture, are profound. The loss of culture threatens their his-tory, the wellbeing of the current generation and theirchildrens future. Indigenous peoples living in Canadarank below other Canadians in terms of socioeconomicindicators []. Indigenous peoples attribute this, in part,to be the consequence of the loss of the profound inter-link-age between cultural health, land health, and social well-being within Indigenous cultures coupled with long-termand subtle social impacts of the loss of land, and the culturethat has developed within that land [, , ].

THE CASE STUDY: THE PEACE REGION AND

TREATY 8 INDIGENOUS NATIONS

The northeastern portion of British Columbia (BC), thePeace region (Figure ), presents a useful exploration ofplace-based and Indigenous EJ. The Peace (officially thePeace Regional District) has a population of about ,.Most live along the Peace River. The area is comprised ofthe Boreal White and Black Spruce Biogeoclimatic Zone.It is an ecologically diverse area and as a result is also a pro-ductive and critical collection of ecosystems. Approximately% of BCs bird species and % of all breeding species

reside here. Multiple wetlands, ponds, and streams createa major migratory corridor for water- and shorebirds.Moose, mule, white-tailed deer, caribou, and elk are com-mon ungulates and the area also supports Dall sheep,black bear, grizzly bear, and gray wolf. Freshwater fish spe-cies include the Arctic grayling, northern pike, and slimysculpin []. Major tree species include white spruce, blackspruce, trembling aspen, lodgepole pine, balsam poplar, tam-arack, subalpine fir, and paper birch.

Human residents largely make their living through agri-culture, natural resources exploitation (forestry, mining,and oil and gas development) or through provision of sup-port services (Tables ). The Peace is also a millenniumlong home to the Dunneza peoples, who are Beaver andCree cultures comprised of five Indigenous Nations:West Moberly First Nations, Halfway River First Nation,Doig River First Nation, Saulteau First Nations, andProphet River First Nation. All are signatories to the BCportion of Treaty No. (Appendix ) and participate inthe Treaty Tribal Association (http://treaty.bc.ca/).While these Nations (Tables ) participate in mixedeconomies, including working with resource industries(Table ), they also rely heavily on subsistence activitiesboth to feed community members and to maintain theircultures [, , ].

Since the s, the Peace has also been a substantialsource of natural resources and energy generation, and fur-ther, is undergoing significant industrial development pres-ently and will likely continue to do so into the future. It is

FIGURE 7. Map of Peace region, British Columbia, Canada(Source: [])

6 CASE STUDIES IN THE ENVIRONMENT 2017

http://treaty8.bc.ca/

TABLE3. Comparative population numbers between northeasternBritish Columbia and other regions of the Province

Regional District in bold; selected subsetitalic

2016 population

Vancouver Island/Coast 800,716Capital (Victoria, BC) 382,645Mainland/Southwest 2,930,041Greater Vancouver 2,558,029Thompson/Okanagan 549,956Kootenay 149,661Cariboo 154,026North Coast 53,659Nechako 41,057Northeast 72,496Northern Rockies 5,992Peace River 66,504British Columbia (Total) 4,751.612

Source: http://www2.gov.bc.ca/gov/content/data/statistics/people-population-community/population/population-estimates

TABLE 4. Northeastern BC regional labor profile

Total population (Age 15+) 56,500Total employment 40,600Unemployment rate 6.5%

Source: https://www.workbc.ca/Labour-Market-Information/Regional-Profiles/6

TABLE 5. Regional employment by industry sector April inthe Peace region (X = suppressed to meet the confidentialityrequirements of the Statistics Act)

Total employed, all industries 39,600Forestry, fishing, mining, quarrying, oil and gas 3,500Utilities XConstruction 6,400Manufacturing 2,000Services-producing 26,800Wholesale and retail trade 6,000Transportation and warehousing 2,100Finance, insurance, real estate, rental and leasing 2,000Professional, scientific, and technical services 1,900Business, building, and other support services XHealth care and social assistance 4,300Information, culture, and recreation XAccommodation and food services 2,200Other services (except public administration) 2,400Public administration XEducational services 2,400

Source: http://www.statcan.gc.ca

TABLE 6. Aboriginal peoples in the Peace region ( census)

TotalPopulation Male Female

North American Aboriginalorigins

8,920 4,520 4,400

First Nations (North AmericanIndian)

6,520 3,310 3,210

Inuit 35 10 25Mtis 2,920 1,490 1,430

Source: http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1

TABLE 7. Total First Nations population in private householdsby Registered or Treaty Indian status in the Peace region( census)

Registered or Treaty Indian 2,980Not a Registered or Treaty Indian 1,460

Source: http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1

TABLE 8. Total Aboriginal identity population aged yearsand over in private households by labor force status andincome in the Peace region ( census)

In the labor force 4,110Employed 3,645Unemployed 465Not in the labor force 1,805Participation rate 69.5%Employment rate 61.6 %Unemployment rate 11.3%Median income ($) 26,685Average income ($) 37,434

Source: http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1

TABLE 9. Aboriginal employment by industry sector in thePeace region ( census)

Total labor force population aged 15 years andover having an Aboriginal identity in privatehouseholds by industryNorth AmericanIndustry Classification System (NAICS) 2007

4,110

All industries 4,040Agriculture, forestry, fishing, and hunting 205

(continued )

Northeastern British Columbia Environmental Justice Study 7

http://www2.gov.bc.ca/gov/content/data/statistics/people-population-community/population/population-estimateshttp://www2.gov.bc.ca/gov/content/data/statistics/people-population-community/population/population-estimateshttp://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1https://www.workbc.ca/Labour-Market-Information/Regional-Profiles/6http://www.statcan.gc.cahttp://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1

an already (over) crowded resource development and extrac-tion landscape (Table ). When assessed altogether, knownas cumulative impact assessment, currently there is no un-impacted land in the Peace (Figure ). For this case study,two specific industrial developments will be examined fortheir impacts on the regions Indigenous peoples: oil and

gas (O&G) development in northeastern BC and the SiteC dam.

The development of O&G in the Peace has beenoccurring since the s []. Since , however, ratesof resource development have soared due to the introduc-tion of the controversial process of hydraulic fracturing(fracking) for natural gas. In the Peace the largest employ-ment sector is in O&G, which provides .% of all jobs(Table ), (Figure ). Indirect employment through provid-ing services to the industries or to the workers is also substan-tive. After a two-year slump, witnessed a significantdevelopment boom. A January auction for petroleum andgas rights generated $ million in total sales. Estimatesfor the BC drilling season include new wells [].

Most BCO&G development occurs in the Peace, whichis a remote and under-populated region when comparedwith the Lower Mainland, including the city of Vancou-ver, and Vancouver Island, where the provincial capital ofVictoria is located. While remote communities do experi-ence positive impacts from industrial development, largelythrough employment, the residents bear all of the negativeimpacts, including air, land, and water contamination andrelated health impacts, the risk of catastrophic events(sour gas venting or oil spills), the loss in quantity and qual-ity of fresh water, the loss of use of private lands adjacent toextraction sites, and the loss of employment from otherresources [, , ], (Figure ).

In contrast, the residents of BCs south, including Van-couver and Victoria, suffer few, if any, direct negativeimpacts, and face few direct risks2 but experience consider-able positive social benefits such as subsidized health careand education which are underwritten by O&G royalties($. billion between and []). Thus there is adifferential sharing in the quantity and quality of impacts(positive and negative) between the large urban centers dis-tant from most resource extraction sites and the communi-ties living with extraction activities.

The second EJ issue under consideration is the proposedSite C dam []. A companion to the s WAC Bennett(Figure ) and the Peace Canyon Dams, the Site C damwould flood a mile stretch of the Peace River, and

TABLE 9. Aboriginal employment by industry sector in thePeace region ( census) (continued )

Mining, quarrying, and oil and gas extraction 535Utilities 30Construction 590Manufacturing 140Wholesale trade 75Retail trade 520Transportation and warehousing 145Information and cultural industries 45Finance and insurance 40Real estate and rental and leasing 40Professional, scientific, and technical services 105Management of companies and enterprises 0Administrative and support, waste management,and remediation services

130

Educational services 220Health care and social assistance 330Arts, entertainment, and recreation 35Accommodation and food services 275Other services (except public administration) 215Public administration 340

Source: http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1

TABLE 10. Approved and proposed development projects in thePeace region

Large-scale hydroelectric dams(including the Site C dam)

2

Run of the river electricitygeneration developments

In the hundreds

Mines 5Windfarms 6Oil and gas wells 18,793Industrial facilities 10,815Oil and gas pipelines 100,000 kmElectrical power lines In the thousandsRoads 60,000 kmFee simple and agricultural lands Thousands of hectaresForestry cut blocks 6,000Large-scale industrial projectsproposed as of 2016 [41]

28

This is changing in , as the proposed Kinder Morgan TransMountain Pipeline will bring increased amounts of Alberta oil through apipeline within Greater Vancouver, and public awareness of the risks hasbeen greatly increased, but only around their local pipeline (http://globalnews.ca/tag/trans-mountain-pipeline/).

8 CASE STUDIES IN THE ENVIRONMENT 2017

http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://www12.statcan.gc.ca/nhs-enm/2011/dp-pd/aprof/details/page.cfm?Lang=E&Geo1=CD&Code1=5955&Data=Count&SearchText=Peace%20River&SearchType=Begins&SearchPR=01&A1=All&B1=All&GeoLevel=PR&GeoCode=5955&TABID=1http://globalnews.ca/tag/trans-mountain-pipeline/http://globalnews.ca/tag/trans-mountain-pipeline/

FIGURE 8. Map of cumulative impacts from industrial development in the Peace region. Map was compiled by West Moberly FirstNations Lands Office using all BC government sources available as of (Source: [])

Northeastern British Columbia Environmental Justice Study 9

about , acres of land. Flooding will destroy criticalecosystems (Figure ), threatening culturally importantspecies including woodland caribou, bison, muskox, andeagles, destroy some of the best agricultural land (Figure )outside of the Lower Mainland, as well as stands of valuabletimber and the homes of ranchers, farmers and Indigenouspeoples [, ]. In so doing, the development will

compound existing damage to ecosystems caused by thefirst dams, which drowned thousands of caribou, contami-nated fish and compromised the cultures of Indigenous peo-ples theoretically protected by the Treaty they had signed. In, BC Hydro (the government entity overseeinghydroelectricity development) acknowledged that damageand issued an apology to the Indigenous peoples affected,including that history in its Interpretation Centre at theBennett Dam []. Despite this admission, the BC govern-ment is proceeding with Site C.

The political enthusiasm for the dam is based uponincreased electrical production which will offset projectedfuture demand, but will also allow the development of nat-ural gas production in northwest BC. Further, BC hasplans to sell the electricity generated at the dam elsewhere,at considerable profit. Finally, there is support for the proj-ect by labor unions, local governments, and many localcommunities because of the potential for long-termemployment (estimated at , person years by BCHydro) and anticipated economic growth (Figure ).BC Hydro stated that, as of September , it had spent$. billion and had more than , workers working onthe dam (% from BC) [].

FIGURE 9. Photo of union support for liquid natural gas develop-ment (Source: http://www.alaskahighwaynews.ca/fort-st-john/let-us-help-premier-christy-clark-stirs-lng-supporters-at-fort-st-john-rally-.)

FIGURE 10. Photo of a massive largest frack site, near Chetwynd, BC (Source: http://www.davidsuzuki.org/blogs/climate-blog///no-peace-in-bcs-peace-region-study-shows/)

10 CASE STUDIES IN THE ENVIRONMENT 2017

http://www.alaskahighwaynews.ca/fort-st-john/let-us-help-premier-christy-clark-stirs-lng-supporters-at-fort-st-john-rally-1.2235717http://www.alaskahighwaynews.ca/fort-st-john/let-us-help-premier-christy-clark-stirs-lng-supporters-at-fort-st-john-rally-1.2235717http://www.alaskahighwaynews.ca/fort-st-john/let-us-help-premier-christy-clark-stirs-lng-supporters-at-fort-st-john-rally-1.2235717http://www.davidsuzuki.org/blogs/climate-blog/2013/12/no-peace-in-bcs-peace-region-study-shows/http://www.davidsuzuki.org/blogs/climate-blog/2013/12/no-peace-in-bcs-peace-region-study-shows/

Treaty No. Nations will be affected in multiple ways,including through the loss of ecosystems they not onlydepend upon for subsistence, but which form the basisof their cultures [, ]. In response to provincial andfederal government support for the dam, despite seriousquestions about the benefits of the dam versus the costs[, ], the governments of West Moberly and ProphetRiver Nations have filed numerous court challenges [,, ].3 Table presents Treaty Tribal Associationsofficial statement of concern on the Site C dam. Organizedprotests have occurred in and (Figures )including a awareness raising bus caravan acrossCanada (Figures and ). Final court decisions, however,may come too late to stop the dam and have not stoppedongoing destructive preparatory work. Two videos, thefirst showing the Peace River Valley prior to the dam,and the second discussing the impacts of the dam,4 aregood introductions to the Site C controversy.

The Indigenous peoples are not alone in their fightagainst Site C. A number of local ranchers and landownersare participating in the fight against Site C. Most stand to

lose farms and ranches held by their families for genera-tions, with little or no compensation. Two videos offerthe perspectives of these landowners.5 Finally, support hasbeen received from outside agencies. In AmnestyInternational released a report opposing the dam for its vio-lation of human rights [].

APPLYING THE THEORETICAL LENS

Four theoretical lens related to environmental justice wereintroduced earlier. Their application to the Peace regionis now examined. Race based EJ does offer a basic lens.When examining the impact of industrial developmenton the Peace, there are significant impacts upon Indigenouspeoples. However, the other theories presented have greaterutility in analyzing this case study.

There are components from the Peace case study thatare best understood through the lens of place based EJ.The first is that the remoteness of northeastern BC fromprovincial and federal power centers is a significant factorin how little known is either the level of industrial develop-ment or its regional impacts, even within BC. While past,current, and proposed developments affect a greater landbase than better known developments (Kinder MorgansTrans Mountain Pipeline, for example), and arguablycause far greater environmental impacts, the remotenessof the region from Vancouver and Victoria, and publicconsciousness, means little public opposition to such devel-opment outside of the Peace. Few BC residents are aware ofthe amount of O&G development in the northeast cornerof their own province. The second component is theexplicitly open trade-off of a booming economy versusenvironment and traditional cultures and lives (includingthird-generation farmers and ranchers as well as Indigenouscultures) by the provincial and federal government in sup-porting both oil and gas as well as the Site C dam [,, , , , ].

This circumstance reflects the significant differencein populations between the Peace and the south and, asa consequence, the relative difference in decision-makingpower or political influence as well. The Peace has a

FIGURE 11. Photo of the WAC Bennett Dam in northeasternBritish Columbia (Source: https://www.flickr.com/photos/canadagood/)

To hear Chief Roland Willson (West Moberly First Nations) speakon Site C, see the video here https://www.facebook.com/PeaceValleyEnvironmentAssociation/videos//

Eoghan Moriarty, This is What the Peace River Valley Looks LikeBefore Site C dam: https://www.youtube.com/watch?v=OO_gJtwTdA;Desmog Canada, What is the Site C Dam: https://www.facebook.com/DesmogCanada/videos/. Many additional photos and videoscan be found on the Peace Valley Environmental Associations Facebook pagehttps://www.facebook.com/PeaceValleyEnvironmentAssociation/.

See Peace River Cowboys and Indians Against the Dam; https://sub.media/video/peaceriver-cowboys-and-indians-against-the-dam/; RancherArlene Boon on Site C Dam; https://www.facebook.com/LittleRiverProductions/videos//; and a music video protesting Site Chttps://www.facebook.com/PeaceValleyEnvironment Association/videos//

Northeastern British Columbia Environmental Justice Study 11

https://www.flickr.com/photos/canadagood/3390099061https://www.flickr.com/photos/canadagood/3390099061https://www.facebook.com/PeaceValleyEnvironmentAssociation/videos/754473578041683/https://www.facebook.com/PeaceValleyEnvironmentAssociation/videos/754473578041683/https://www.youtube.com/watch?v=OO7_gJtwTdAhttps://www.facebook.com/DesmogCanada/videos/946582382113989https://www.facebook.com/DesmogCanada/videos/946582382113989https://www.facebook.com/PeaceValleyEnvironment Association/https://sub.media/video/peaceriver-cowboys-and-indians-against-the-dam/https://sub.media/video/peaceriver-cowboys-and-indians-against-the-dam/https://www.facebook.com/LittleRiverProductions/videos/431062887260768/https://www.facebook.com/LittleRiverProductions/videos/431062887260768/https://www.facebook.com/PeaceValleyEnvironmentAssociation/videos/875869749235398/https://www.facebook.com/PeaceValleyEnvironmentAssociation/videos/875869749235398/

population of roughly ,; the most populated por-tion of BC, the Lower Mainland (including Vancouver)and Vancouver Island (where the provincial capital ofVictoria is located) has a population of roughly .million

(Table , Figure ). The majority of provincial politicalpower rests with the elected Members of the LegislativeAssembly which represent regions well away from resourceextraction, as West Moberly First Nations Chief RolandWillson is well aware: If they propose a coal mine in down-town Vancouver, it would be a different story. If they wantedto flood the Fraser River, you know [, p.]. Tellingly, lit-tle research has actually been done on the social and environ-mental impacts of resource extraction or dams in the Peace[, , , ].

The Indigenous EJ lens provides an even greater focus onthe consequences for Treaty Nations in the Peace. Indige-nous EJ notes the ancient and inextricably linked nature of

FIGURE 13. Graphic on preserving agricultural lands in thePeace (Source: http://www.stopsitec.org/take_action_)

FIGURE 12. Photo of the area of the Peace River to be dammed (Source: https://www.desmog.ca////photos-destruction-peace-river-valley-site-c-dam)

FIGURE 14. Government photo promoting Site C employment(Source: http://www.miningandenergy.ca/energyinsider/article/site_c_reaches_employment_milestone_surpassing__b.c._workers/)

TABLE 11. Statement of Treaty on Site C Dam

. Site C is an infringement on our Treaty Rights, yet BCHydro proceeds with construction.

. There are alternatives to Site C that do not infringe uponour Treaty Rights.

. There are alternatives to Site C that do not destroy thePeace River Valley.

. The remaining stretch of the Peace River Valley is vital toTreaty First Nations practicing our Treaty Rights.

. The outcomes of the Site C legal proceedings have thepotential to impact the treatment of First Nations bygovernment an adhered to numbered Treaties acrossCanada by government and industry.

Source: http://raventrust.com/2015/11/02/statement-from-treaty-8-regarding-the-site-c-dam/

12 CASE STUDIES IN THE ENVIRONMENT 2017

https://www.desmog.ca/2015/12/18/photos-destruction-peace-river-valley-site-c-damhttps://www.desmog.ca/2015/12/18/photos-destruction-peace-river-valley-site-c-damhttp://www.stopsitec.org/take_action_6http://www.miningandenergy.ca/energyinsider/article/site_c_reaches_employment_milestone_surpassing_1000_b.c._workers/http://www.miningandenergy.ca/energyinsider/article/site_c_reaches_employment_milestone_surpassing_1000_b.c._workers/http://www.miningandenergy.ca/energyinsider/article/site_c_reaches_employment_milestone_surpassing_1000_b.c._workers/http://raventrust.com/2015/11/02/statement-from-treaty-8-regarding-the-site-c-dam/http://raventrust.com/2015/11/02/statement-from-treaty-8-regarding-the-site-c-dam/

Indigenous cultures and the ecosystems within which theculture is set. For the Indigenous peoples of the Peace,

their cultural integrity, their ability to persist as aDunne-za people, is utterly dependent upon the abilityto continue their traditional seasonal round of subsis-tence, cultural and spiritual activities. The continuanceof the seasonal round relies on the continued existenceof key species (which the Dunne-za would not consideras simply resources) and their continued ability tointeract meaningfully with those species and the eco-systems which support all species. . .The rate and scaleof industrial development is, however, placing thatcontinuance in serious jeopardy [, p.].

Industrial development in Indigenous peoples traditionallands results in sickness, expatriation from ancestral lands,and poverty, all manifestations of the collision of worldsand cultures [, ]. Indigenous peoples are well awareof the consequences, surrounded as they are by industrialimpacts within their territories, as research carried out in [, ] documented.

To be a proud First Nations person, you have to beconnected to your culture. You have to know whereyou came from, and where and what are the impor-tant parts. . .why is my culture important today, andwhy is making dry meat, and picking these berries,critical to our way of life. The whole tone of gov-ernment is economics and jobs, and training and

FIGURE 16. Photo, Site C protest (Source: http://peoplesvoice.ca////solidarity-with-treaty--caravan-to-stop-the-site-c-dam/)

FIGURE 17. Protest graphic on Site C dam (Source: http://raventrust.com/join-the-circle-no-site-c/)

FIGURE 15. Photo, Site C protest (Source: http://commonsen-secanadian.ca/VIDEO-detail/bc-hydro-rushes-to-cut-down-eagles-nests-for-site-c-dam-first-nations-seek-injunction/)

Northeastern British Columbia Environmental Justice Study 13

http://commonsensecanadian.ca/VIDEO-detail/bc-hydro-rushes-to-cut-down-eagles-nests-for-site-c-dam-first-nations-seek-injunction/http://commonsensecanadian.ca/VIDEO-detail/bc-hydro-rushes-to-cut-down-eagles-nests-for-site-c-dam-first-nations-seek-injunction/http://commonsensecanadian.ca/VIDEO-detail/bc-hydro-rushes-to-cut-down-eagles-nests-for-site-c-dam-first-nations-seek-injunction/http://peoplesvoice.ca/2016/09/14/solidarity-with-treaty-8-caravan-to-stop-the-site-c-dam/http://peoplesvoice.ca/2016/09/14/solidarity-with-treaty-8-caravan-to-stop-the-site-c-dam/http://peoplesvoice.ca/2016/09/14/solidarity-with-treaty-8-caravan-to-stop-the-site-c-dam/http://raventrust.com/join-the-circle-no-site-c/

forcing people into this economy, and there is notan appropriate amount of attention placed onmaintaining [our culture]. Were the ones fighting.We can see our land base eroding [, p.].It just becomes like an industrial zone, the area that

they operate. . .none of our people will eat the meatfrom those areas once the oil and gas companies movein, in a big way, and everybody knows about the HS[sour natural gas]. Everybody just worries that it iscontaminated [, p.].They spoil it. They spoil the berries, and they spoil our

water there. They spoil our fishing. You spoil everything!You really kill the moose, I said, You get the hell outof here, because I dont want you here [, p.].

One aspect that is rarely acknowledged is the impact ofmultiple developments in a small region. Figure demon-strates the extent of the loss of unaltered lands in the Peace:

The death of a , cuts, we are experiencing. . .because oil and gas has their mandate, and their plan-ning process, forestry has their mandate and planningprocess. All of these different planning processes, inde-pendently working in their silos. . .separate from eachother, with nobody overlooking the whole process, anddefinitely nobody managing the impacts of thoseinteractions on treaty rights and health of the FirstNations people [, p.].

A last perspective from Indigenous EJ involves the ability ofa culture to persist. For Indigenous peoples, one of the mostimportant considerations is their children:

When I think the level of development. . .our childrenare seeing it, and they are scared. . .What year oldshould have to worry about having clean water or cleanair [, p.]?

Finally, there is the lens of Indigenous sovereignty. Indige-nous sovereignty posits that Indigenous peoples shouldlegally be treated as sovereign nations, with rights to man-age their own governments, communities, land, and naturalresources. This could be the case in the Peace. While theNations signed Treaty No. agreeing to share their lands,

FIGURE 18. Photograph of the Caravan for the Peace and ChiefRoland Willson, West Moberly First Nations (Source: http://www.nationalobserver.com////news/treaty--chiefs-condemn-site-c-dam-project)

FIGURE 19. Photograph of caravan for the Peace (Source: https://eastendnotar.org////ottawa-on-collision-course-with-indigenous-peoples/)

FIGURE 20. Map of British Columbia population density(Source: https://en.wikipedia.org/wiki/Demographics_of_British_Columbia#/media/File:British_Columbia__population_density.PNG)

14 CASE STUDIES IN THE ENVIRONMENT 2017

http://www.nationalobserver.com/2016/04/05/news/treaty-8-chiefs-condemn-site-c-dam-projecthttp://www.nationalobserver.com/2016/04/05/news/treaty-8-chiefs-condemn-site-c-dam-projecthttp://www.nationalobserver.com/2016/04/05/news/treaty-8-chiefs-condemn-site-c-dam-projecthttps://eastendnotar.org/2016/11/21/ottawa-on-collision-course-with-indigenous-peoples/https://eastendnotar.org/2016/11/21/ottawa-on-collision-course-with-indigenous-peoples/https://eastendnotar.org/2016/11/21/ottawa-on-collision-course-with-indigenous-peoples/https://en.wikipedia.org/wiki/Demographics_of_British_Columbia#/media/File:British_Columbia_2006_population_density.PNGhttps://en.wikipedia.org/wiki/Demographics_of_British_Columbia#/media/File:British_Columbia_2006_population_density.PNGhttps://en.wikipedia.org/wiki/Demographics_of_British_Columbia#/media/File:British_Columbia_2006_population_density.PNG

in the context of their Treaty rights, the Nations tradi-tions, customs, and traditional seasonal round relating tohunting, trapping, fishing, and gathering throughout theirterritory [] were, in a meaningful way, guaranteed forever[]; that they would be as free to hunt and fish after thetreaty as they would be if they never entered into it,because the Treaty would not lead to forced interferencewith their mode of life []. Court cases have determined,for example, it is unacceptable to simply tell a First Nationto hunt elsewhere []. Examining the Peace from theperspective of Indigenous sovereignty, while it is clear thatIndigenous peoples rights have been ignored and possiblyabrogated, they perhaps do have claim to, and immenseneed for, the legal ability to govern much of their livesthemselves.

CONCLUSION

As with any EJ case study, the consequences of the injusticeare profound for the people who bear the burden. Thequestion remains, however, as to what decisions a societywill permit their government to take, whether from igno-rance or indifference, that perpetuates environmental injus-tice for a vulnerable few in a trade-off for the benefit of themore powerful many.

CASE STUDY QUESTIONS

. Benthams philosophy of Utilitarianism, at itsmost basic, argues for the greatest good for thegreatest number. In other words, it could be readto argue for the tyranny of the majority. Howdoes society reconcile the needs of the majoritywith meeting the needs of smaller groups? Thisconcern might also be considered within thecontext of power. How does society ensure thatthose without power (political, economic) beincluded in decisions that affect them? How cantheir rights and needs be meaningfully recognizedand addressed by those with power (or by thosewho monitor those with power, i.e., votingcitizens)?

. The worlds Indigenous peoples strive to retaintheir unique cultures, spiritualities, languages, andtraditional means of subsistence. For most, thisrequires access to the functional ecosystems thatthe cultures are embedded within. However,

protecting these ecosystems and these cultureswould mean vastly restricting conventionaldevelopment of most nonrenewable andrenewable resources, as currently practiced. Is itreasonable to expect modern industrial society togive up or limit access to these resources, uponwhich their cultures depend, in exchange forallowing Indigenous peoples to continue theirtraditional practices? Are there alternatives thatcould be considered?

. Do you think the theories of place-based andIndigenous environmental justice add to thetheories of race-based environmental justice?How? How do the different theories expandopportunities to address environmental injustices?

. What are the differences in the perspectives of theIndigenous peoples, as presented in this case study,from your cultural perspectives? Are there pointsof agreement?

ACKNOWLEDGEMENTS

Thanks to West Moberly and Halfway River First Nationsfor participating in the research that is part of this casestudy. While they do not take responsibility for the authorsconclusions, by Band Council Resolutions, all Nations for-mally acknowledged their support for the research outcomes.

COMPETING INTERESTS

The author has declared that no competing interests exist.

REFERENCES. Popular Resistance Daily Movement News and Resources.

Available: https://popularresistance.org/tag/indigenous-peoples/page//

. Cultural Survival () Nuclear War: Uranium Miningand Nuclear Tests on Indigenous Lands, Cultural SurvivalQuarterly, September. Available: https://www.culturalsurvival.org/publications/cultural-survival-quarterly/nuclear-war-uranium-mining-and-nuclear-tests-indigenous

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. Simpson, L. () Dancing on Our Turtles Backs,Arbeiter Ring Publishing.

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. B.R. and Booth, A.L. () An environmental justiceanalysis of Caribou recovery planning, protection of an Indige-nous culture, and coal mining development in northeast BritishColumbia, Canada,Environment, Development and Sustainability,: .

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16 CASE STUDIES IN THE ENVIRONMENT 2017

https://www.thestar.com/news/atkinsonseries/2015/08/28/first-nations-bear-the-risks-of-oilsands-development.htmlhttps://www.thestar.com/news/atkinsonseries/2015/08/28/first-nations-bear-the-risks-of-oilsands-development.htmlhttps://www.thestar.com/news/atkinsonseries/2015/08/28/first-nations-bear-the-risks-of-oilsands-development.htmlhttp://www.nrcan.gc.ca/sites/www.nrcan.gc.ca/files/files/pdf/10_key_facts_nrcan_2016-access_e.pdfhttp://www.nrcan.gc.ca/sites/www.nrcan.gc.ca/files/files/pdf/10_key_facts_nrcan_2016-access_e.pdfhttp://www.iiirm.orghttps://www.aadnc-aandc.gc.ca/eng/1345816651029/1345816742083https://www.aadnc-aandc.gc.ca/eng/1345816651029/1345816742083

the implications, Ecology and Society, . Available: http://www.ecologyandsociety.org/vol/iss/art

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. Janicki, E. () Petroleum exploration history ofnortheastern British Columbia, Geoscience Reports , BCMinistry of Energy, Mines and Petroleum Resources, .Available: http://www.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/natural-gas-oil/petroleum-geoscience/geoscience-reports//geoscience_janicki_exploration_history.pdf

. Bennett, N. () Oil, gas exploration explodes inprovinces Peace region. Dramatic turnaround in drillingrekindles industry optimism in northeast B.C., Business Van-couver, February . Available: https://www.biv.com/article///oil-gas-exploration-explodes-provinces-peace-regio/

. Willson, R. () Premier Clarks Colonial AttitudeClashes with First Nations View of Sustainable Development,Marketwire, November .

. B.C. Tapwater Alliance () Western Canadian energyministers collaborate in secret with influential petroleum cartelon development of controversial fracking policies, Press Release.Available: http://www.bctwa.org/FrkBC-PrRel-Sept-.pdf.

. Ernst v. EnCana Corporation. BC Government Cumula-tive Frac Fraud & Abuse? Blueberry River First Nation says prov-ince not doing enough to prevent resource development fromimpacting Treaty rights, July , . Available: http://www.ernstversusencana.ca/bc-government-frac-fraud-abuse-blueberry-river-first-nation-says-province-not-doing-enough-to-prevent-resource-development-from-impacting-treaty--rights/

. Canadas Energy Citizens. Benefits for BC. Available:http://www.energycitizens.ca/benefits_for_british_columbia

. McElroy, J. () Everything you need to know aboutthe Site C dam, Global News, December . Available: http://globalnews.ca/news//everything-you-need-to-know-about-the-site-c-dam/

. Levin, D. () Canadas $ Billion Dam Tests theLimits of State Power,New York Times, December . Available:

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. Jeffery, B., Lecomte, P-H., Le Noble, S., and Macalanda-Ung, T.J. () DAM IT! The Site C Dam on the Peace River.Available: http://environment.geog.ubc.ca/dam-it-the-site-c-dam-on-the-peace-river/

. Cox S. BCHydro apologizes for Bennett Dams profoundand painful Impact on First Nations at gallery opening. DeSmogCanada, June , . https://www.desmog.ca////bc-hydro-apologizes-bennett-dam-s-profound-and-painful-impact-first-nations-gallery-opening

. British Columbia Utilities Commission and BritishColumbia Hydro and Power Authority (BC Hydro). Site CClean Energy Project - Annual Progress Report No. July to September . Available: https://www.sitecproject.com/sites/default/files/annual-progress-report-no--.pdf

. Amnesty International () The Point of No Return.The Human Rights of Indigenous Peoples in Canada Threated bythe Site C Dam. Available: https://www.amnesty.ca/sites/amnesty/files/Canada%Site%C%Report.pdf

. Muir, B.R. and Booth, A.L. () Losing its way: Envi-ronmental impact assessment in British Columbia, Environmen-tal Justice, : .

. Booth, A.L. and Muir, B.R. () Environmental andland-use planning approaches of Indigenous groups in Canada:An overview, Journal of Environmental Policy and Planning, :.

. Brody, H. () Maps and Dreams: A Journey into theLives and Lands of the Beaver Indians of Northwest Canada,Penguin Books.

. D., Ross, J.H., and McKenna, J.A. () Report of Com-missioners for Treaty No. , Winnipeg, Manitoba, September, .Available: http://www.ainc-inac.gc.ca/al/hts/tgu/pubs/t/trty-eng.asp#chp

APPENDIX 1 . SELECTED PASSAGES OF TREATY

NO. 8 AND COMMISS IONER INTERPRETATIONS

ARTICLES OF A TREATY made and concluded at theseveral dates mentioned therein, in the year of Our Lordone thousand eight hundred and ninety-nine, betweenHer most Gracious Majesty the Queen of Great Britainand Ireland, by Her Commissioners the HonourableDavid Laird, ofWinnipeg, Manitoba, Indian Commissionerfor the said Province and the Northwest Territories; JamesAndrew Joseph McKenna, of Ottawa, Ontario, Esquire,and the Honourable James Hamilton Ross, of Regina, inthe Northwest Territories, of the one part; and the Cree,Beaver, Chipewyan and other Indians, inhabitants of the ter-ritory within the limits hereinafter defined and described, bytheir Chiefs and Headmen . . .

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http://www.ecologyandsociety.org/vol13/iss2/art7http://www.ecologyandsociety.org/vol13/iss2/art7http://www.env.gov.bc.ca/ecology/ecoregions/polareco.htmlhttp://www.env.gov.bc.ca/ecology/ecoregions/polareco.htmlhttp://www.davidsuzuki.org/publications/downloads/2012/Peace_region_20120812_HR-optimized.pdfhttp://www.davidsuzuki.org/publications/downloads/2012/Peace_region_20120812_HR-optimized.pdfhttp://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/natural-gas-oil/petroleum-geoscience/geoscience-reports/2008/geoscience08_janicki_exploration_history.pdfhttp://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/natural-gas-oil/petroleum-geoscience/geoscience-reports/2008/geoscience08_janicki_exploration_history.pdfhttp://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/natural-gas-oil/petroleum-geoscience/geoscience-reports/2008/geoscience08_janicki_exploration_history.pdfhttp://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/natural-gas-oil/petroleum-geoscience/geoscience-reports/2008/geoscience08_janicki_exploration_history.pdfhttps://www.biv.com/article/2017/2/oil-gas-exploration-explodes-provinces-peace-regio/https://www.biv.com/article/2017/2/oil-gas-exploration-explodes-provinces-peace-regio/http://www.bctwa.org/FrkBC-PrRel-Sept6-2011.pdfhttp://www.ernstversusencana.ca/bc-government-frac-fraud-abuse-blueberry-river-first-nation-says-province-not-doing-enough-to-prevent-resource-development-from-impacting-treaty-8-rights/http://www.ernstversusencana.ca/bc-government-frac-fraud-abuse-blueberry-river-first-nation-says-province-not-doing-enough-to-prevent-resource-development-from-impacting-treaty-8-rights/http://www.ernstversusencana.ca/bc-government-frac-fraud-abuse-blueberry-river-first-nation-says-province-not-doing-enough-to-prevent-resource-development-from-impacting-treaty-8-rights/http://www.ernstversusencana.ca/bc-government-frac-fraud-abuse-blueberry-river-first-nation-says-province-not-doing-enough-to-prevent-resource-development-from-impacting-treaty-8-rights/http://www.energycitizens.ca/benefits_for_british_columbiahttp://globalnews.ca/news/1728749/everything-you-need-to-know-about-the-site-c-dam/http://globalnews.ca/news/1728749/everything-you-need-to-know-about-the-site-c-dam/http://globalnews.ca/news/1728749/everything-you-need-to-know-about-the-site-c-dam/https://www.nytimes.com/2016/12/10/world/canada/canadas-7-billion-dam-tests-the-limits-of-state-power.htmlhttps://www.nytimes.com/2016/12/10/world/canada/canadas-7-billion-dam-tests-the-limits-of-state-power.htmlhttp://environment.geog.ubc.ca/dam-it-the-site-c-dam-on-the-peace-river/http://environment.geog.ubc.ca/dam-it-the-site-c-dam-on-the-peace-river/https://www.desmog.ca/2016/06/10/bc-hydro-apologizes-bennett-dam-s-profound-and-painful-impact-first-nations-gallery-openinghttps://www.desmog.ca/2016/06/10/bc-hydro-apologizes-bennett-dam-s-profound-and-painful-impact-first-nations-gallery-openinghttps://www.desmog.ca/2016/06/10/bc-hydro-apologizes-bennett-dam-s-profound-and-painful-impact-first-nations-gallery-openinghttps://www.sitecproject.com/sites/default/files/annual-progress-report-no1-20150701-20160930.pdfhttps://www.sitecproject.com/sites/default/files/annual-progress-report-no1-20150701-20160930.pdfhttps://www.amnesty.ca/sites/amnesty/files/Canada%20Site%20C%20Report.pdfhttps://www.amnesty.ca/sites/amnesty/files/Canada%20Site%20C%20Report.pdfhttp://www.ainc-inac.gc.ca/al/hts/tgu/pubs/t8/trty8-eng.asp#chp4http://www.ainc-inac.gc.ca/al/hts/tgu/pubs/t8/trty8-eng.asp#chp4

AND WHEREAS, the said Indians have been notifiedand informed by Her Majestys said Commission that itis Her desire to open for settlement, immigration, trade,travel, mining, lumbering and such other purposes as toHer Majesty may seem meet, a tract of country boundedand described as hereinafter mentioned, and to obtain theconsent thereto of Her Indian subjects inhabiting the saidtract, and to make a treaty, and arrange with them, sothat there may be peace and good will between them andHer Majestys other subjects, and that Her Indian peoplemay know and be assured of what allowances they are tocount upon and receive from Her Majestys bounty andbenevolence.

. . .the said Indians DO HEREBY CEDE, RELEASE,SURRENDER AND YIELD UP to the Government ofthe Dominion of Canada, for Her Majesty the Queenand Her successors forever, all their rights, titles and privi-leges whatsoever, to the lands included within the followinglimits. . .

And Her Majesty the Queen HEREBY AGREES withthe said Indians that they shall have right to pursue theirusual vocations of hunting, trapping and fishing through-out the tract surrendered as heretofore described, subjectto such regulations as may from time to time be made bythe Government of the country, acting under the authorityof Her Majesty, and saving and excepting such tracts as maybe required or taken up from time to time for settlement,mining, lumbering, trading or other purposes.

And Her Majesty the Queen hereby agrees and under-takes to lay aside reserves for such bands as desire reserves,the same not to exceed in all one square mile for each fam-ily of five for such number of families as may elect to resideon reserves, or in that proportion for larger or smaller fam-ilies; and for such families or individual Indians as may pre-fer to live apart from band reserves, HerMajesty undertakesto provide land in severalty to the extent of acres toeach Indian, the land to be conveyed with a proviso as tonon-alienation without the consent of the Governor Gen-eral in Council of Canada, . . .

It is further agreed between Her Majesty and Her saidIndian subjects that such portions of the reserves andlands above indicated as may at any time be required forpublic works, buildings, railways, or roads of whatsoevernature may be appropriated for that purpose by Her Maj-estys Government of the Dominion of Canada, due

compensation being made to the Indians for the value ofany improvements thereon, and an equivalent in land,money or other consideration for the area of the reserveso appropriated.

Report of Commissioners for Treaty No. WINNIPEG, MANITOBA, nd September, .The HonourableCLIFFORD SIFTON,Superintendent General of Indian Affairs,Ottawa.

SIR, We have the honour to transmit herewith thetreaty which, under the Commission issued to us on theth day of April last, we have made with the Indians ofthe provisional district of Athabasca and parts of the coun-try adjacent thereto, as described in the treaty and shownon the map attached.

Our chief difficulty was the apprehension that the hunt-ing and fishing privileges were to be curtailed. The provi-sion in the treaty under which ammunition and twine isto be furnished went far in the direction of quieting thefears of the Indians, for they admitted that it would beunreasonable to furnish the means of hunting and fishingif laws were to be enacted which would make huntingand fishing so restricted as to render it impossible tomake a livelihood by such pursuits. But over and abovethe provision, we had to solemnly assure them that onlysuch laws as to hunting and fishing as were in the interestof the Indians and were found necessary in order to protectthe fish and fur-bearing animals would be made, and thatthey would be as free to hunt and fish after the treaty asthey would be if they never entered into it.

We assured them that the treaty would not lead to anyforced interference with their mode of life, that it did notopen the way to the imposition of any tax, and that therewas no fear of enforced military service. We showed themthat, whether treaty was made or not, they were subjectto the law, bound to obey it, and liable to punishmentfor any infringements of it. We pointed out that the lawwas designed for the protection of all, and must berespected by all the inhabitants of the country, irrespectiveof colour or origin; and that, in requiring them to live atpeace with white men who came into the country, andnot to molest them in person or in property, it only

18 CASE STUDIES IN THE ENVIRONMENT 2017

required them to do what white men were required to do asto the Indians.

. . .it is safe to say that so long as the fur-bearing animalsremain, the great bulk of the Indians will continue to huntand to trap.

Indeed, the Indians were generally averse to being placedon reserves. It would have been impossible to have made atreaty if we had not assured them that there was no inten-tion of confining them to reserves. We had to very clearlyexplain to them that the provision for reserves and allot-ments of land were made for their protection, and to secure

to them in perpetuity a fair portion of the land ceded, inthe event of settlement advancing.

Your obedient servants,DAVID LAIRD,

J. H. ROSS,J. A. J. McKENNA

Indian Treaty Commissioners.

From: https://www.aadnc-aandc.gc.ca/eng//

Northeastern British Columbia Environmental Justice Study 19

https://www.aadnc-aandc.gc.ca/eng/1100100028813/1100100028853https://www.aadnc-aandc.gc.ca/eng/1100100028813/1100100028853