Peel Watershed case - Supreme Court of Canada - March 22

[Oscar]

Peel Watershed case to be heard by Supreme Court of Canada on World Water Day

[ http://canadians.org/blog/peel-watershe ... -water-day ]

February 23, 2017 - 2:26pm

The Council of Canadians supports efforts to protect the Peel Watershed in northern Yukon from mining.

In her book Boiling Point, Council of Canadians chairperson Maude Barlow wrote, "In 2014, the Yukon government announced it would open up a huge swath of the pristine Peel Watershed for mining, an area over half the size of New Brunswick. Shocked First Nations asserted this violates land claim agreements. They joined conservation groups to launch a legal challenge to the plan, saying it betrayed a previously negotiated agreement that would have conserved a much greater landmass and protected the watershed."

Barlow then notes, "The Supreme Court of Yukon agreed. In November 2015, the court set the planning bar back to 2011, before the development announcements."

But she adds, "The government said this is not an end to the project, but rather a requirement for it to improve the consultation process with local First Nations. Intent on a more permanent answer, the First Nations and conservation groups sought leave to appeal to the Supreme Court of Canada. In June 2016, the court agreed to hear the case."

We are now told that the Supreme Court of Canada will hear the case in Ottawa on March 22, World Water Day.

For information on how to watch the live stream of the court proceedings on this issue, please see this Facebook page:
[ https://www.facebook.com/events/1899807140237997/ ]

We look forward to a favourable ruling from the court. As Barlow has commented, "It is imperative to protect our water heritage."

For more information on the Protect the Peel campaign, please click here:
[ http://www.protectpeel.ca/ ]

The Council of Canadians first spoke in defence of the Peel Watershed in May 2011. Barlow spoke at a Protect the Peel campaign event in Whitehorse in May 2015.

Brent Patterson's blog
Political Director of the Council of Canadians
[ http://canadians.org/blogs/brent-patterson ]

[Oscar]

A Supreme Court ruling will determine how much we value our water

[ http://canadians.org/blog/supreme-court ... -our-water ]

March 22, 2017 - 9:04 am

Special to the Globe and Mail, March 21, 2017
[ http://www.theglobeandmail.com/opinion/ ... e34378686/ ]

This week, three Yukon First Nations and two conservation groups are at the Supreme Court of Canada, fighting to protect one of the planet’s most pristine watersheds – the Peel River Watershed. The case will have significant ramifications for First Nations rights and consultations.

The Peel is not yet a household name, but it is an ecological treasure.

I travelled to the Yukon a few years ago. The territory is known for gold, but it is rich in water, from clear lakes to the blue-green rush of the Yukon River. Walking along the river’s edge in Whitehorse, I felt the depth of history in a place where people have been living for thousands of years.

Canadians consider ourselves rich in freshwater, but any country can experience drought if water isn’t protected. Our water is increasingly threatened by industries and governments clinging to the myth of abundance. This myth tells us that we’ll never run out of water and, if we do, technology will save the day. Meanwhile, thirsty industries use our increasingly scarce water to pump up their profits.

The Harper government gutted freshwater protection laws such as the Navigable Waters Protection Act, the Canadian Environmental Assessment Act and the Fisheries Act. These acts are now undergoing reviews, but the Trudeau government is still approving projects under the weakened legislation.

If we don’t protect the places where water is still pure, we will lose them.

The Peel is one such water source. Six rivers drain the Yukon’s northern mountain ranges to join the Peel River, which flows north to the Arctic Ocean. The 68,000-square-kilometre watershed is unspoiled by industry. Its forests, tundra and wetlands are home to healthy populations of caribou, moose, bears and wolves and provide refuge for migratory birds, waterfowl and falcons. Fish are plentiful – the Gwich’in people of Fort McPherson still rely on fish dried in traditional shacks along the banks of the Peel River.

The Peel Watershed is not only rich in freshwater, plant and animal life, but also in oil, gas and mineral resources, which industries want to extract. The legal effort to protect the watershed from this threat has brought together the First Nations of Na Cho Nyak Dan, Tr’ondek Hwech’in, and Vuntut Gwitchin, alongside CPAWS Yukon and the Yukon Conservation Society. Their fight is not just about protecting the land and water. It is about democracy and the future of Indigenous rights in our country.

The case hinges on the Final Agreements, modern treaties between Yukon First Nations, Yukon and Canada. In these agreements, First Nations ceded title to their traditional territories in exchange for rights to a small portion of the land and a meaningful say in planning for the remainder.

During land-use planning for the Peel Watershed, First Nations and conservation groups asked for 100-per-cent protection from industrial development. After a seven-year planning process, the independent planning commission recommended that 80 per cent of the watershed be protected, leaving 20 per cent open to development. First Nations and conservation groups agreed to the compromise.

Then came the betrayal: At the last moment, the Yukon government decided to open up 71 per cent of the watershed to industrial development. Outcry was instant from First Nations, regional stakeholders, environmental groups and the public. The legal case was launched.

Courts ruled that the Yukon government had acted dishonourably, but the most recent judgment allows the government another chance to open the Peel up to development. Thanks to public campaigning, the newly elected Yukon government has committed to implementing the commission’s original plan for 80-per-cent protection. But a dangerous legal precedent has been set, and an important trust has been violated.

The Supreme Court judgment will clarify what happens when governments breach their obligations under modern treaties. It will also inform future land-use planning in the Yukon. If we want First Nations rights to be respected in Canada and if we care about our irreplaceable wild lands and waters, this judgment matters.

The hearing will happen Wednesday, on World Water Day. A favourable judgment would be a victory for the people who have been standing up to protect the Peel Watershed and all water in Canada.

Watch live: The livestream is available online for anyone to watch: [ http://www.scc-csc.ca/case-dossier/info ... d-eng.aspx ]

Facebook event: [ https://www.facebook.com/events/1899807140237997/ ]

Maude Barlow's blog
National Director of the Council of Canadians
[ http://canadians.org/blogs/maude-barlow ]