CALVIN'S SUBMISSION TO BCUC ON SITE C OCTOBER 2017

Tansi, Hello 

My name is Calvin Waquan. I am a councillor for Mikisew Cree First Nation, a proud Father of two, with my partner Skye and young leader in my community. I welcome this opportunity to join you today, to speak on behalf of the Mikisew Cree, and to address the impacts of the Site C Dam on our traditional treaty 8 territory and the endless drain on our way of life. For those of you who may not know, Mikisew has occupied the union of the Peace and Athabasca Rivers for centuries. This is the largest inland freshwater river delta in North America.  We are also a signatory to Treaty 8 and have title to land in Wood Buffalo National Park, which is a UNESCO World Heritage Site that lies within the Peace Athabasca Delta, PAD.

Why is our location relevant? BC Hydro plans to build the largest dam in this province since 1984 upriver of our territory and within the water system our people relied upon for generations and that our generation must secure in order for our children to live and flourish as our ancestors intended.

How does this project impact the Mikisew Cree? Our people have lived on the Delta for hundreds of years and know its ecology well. The Delta is our water source—it is our tap. The Delta offers economic opportunities like fishing, guiding, and tourism—it is our bank. The Delta bears thousands of waterfowl, deer and moose; large northern fish like Pike, Arctic Grayling, Walleye and Lake Trout; and fertile land for agriculture—it is our refrigerator. The Delta hosts recreation and spiritual activities for our Nation—it is our medicine. The Delta raised our ancestors and has witnessed the growth of our children, including my own. It embodies our survival from generation to generation. It is our mother. 

So what are the impacts of the Site C Dam on our tap, our bank, our refrigerator, our medicine, and our mother? First let’s talk about our tap: The Mikisew Cree rely on the Delta for clean drinking water and steady water levels to promote life on the Delta. Water is life. Water is Boss "Nipitapitam"

The Joint Review Panel of the BC Utilities Commission conducted an assessment to review the potential impacts of this dam on the Delta. The Panel determined that the Dam would have no impact on the PAD. In its own words, the PAD is “not within the spatial boundaries of the environmental assessment because the proponent calculated that there would be no detectable project effects at the PAD.” As such, no environmental assessment for the largest hydroelectric project in the province is required for the PAD. 

This is convenient for BC Hydro. With Site C, BC Hydro will control water flow downstream into the Delta. They have their hands on the tap. But they do not wait for water in the basin. 

But this is less convenient for the Mikisew Cree, who know the ecology of the Delta and are impacted by the smallest changes. Seasonal spring flooding of the Peace River regenerates the fragile ecosystem by depositing fertile soil into the Delta. Ice jams in winter release spring floods, pouring vital nutrients into the waters and feeding plant and animal life. Muskegs are drying up and are a crucial for the filtration process within our ecosystem. Scientists like Dr. Martin Carver confirm that regulation from dams on the Peace River are reshaping this crucial Delta recharge. As the WC Bennett and Peace Canyon Dams already do, Site C would retain water in the spring and release it in winter to optimize flow rates when British Columbians need electricity the most. By reversing the natural operation of the river system, these two dams have reduced and in some places even eliminated the spring flooding of the Delta. Flood flows on the Peace River adjacent to the Delta have fallen as much as 12 feet. In other words, BC Hydro is turning off the tap when the Delta needs water the most.

The Joint Review Panel prefers to review the portion of the Peace River where they want to dam in isolation. But you can’t cut the tap away from the plumbing. 

Looking at the potential impacts of Site C on Wood Buffalo National Park, the UNESCO Reactive Monitoring Mission calls this approach “simplistic.”  Mikisew agrees. 

Now let’s talk about our bank:So the project does not provide the Delta with the seasonal recharge it needs to promote ecosystem services. But is it at least good for our bank accounts? BC Hydro claims that “Site C is required to meet the long-term energy and capacity needs of BC Hydro’s residential, commercial and industrial customers.” If we accept this statement as true, Site C could benefit our bank accounts and help all of us who rely on electricity. But independent research by UBC’s Water Governance Program proves that Site C is not necessary to meet BC’s long-term electricity needs. There are three financial reasons why the project should not be approved: “the significant decline in the cost of alternative sources of electricity [namely, wind], the significant decline in export market prices, and the dramatic drop since BC Hydro forecast electricity needs.” Moreover, it may cost up to 1.5 billion dollars more than an alternative that would combine additional electricity conservation, wind power, and pumped storage.This makes little sense for BC’s bank account. Something may be required to meet the province’s energy needs.  But it is not Site C.

Even if the dam is not good for BC’s budget, is it actually bad for Mikisew’s? Many members of our nation rely on the fish harvest at Fort Chipewyan, hunting and guiding, eco-tourism, and additional income from trapping. The existing dams and reservoirs on the Peace have already reduced our fish harvest at Fort Chipewyan, contributing to a loss of seasonal jobs and cash income. Prior to the construction of the Bennett Dam, most Mikisew relied on fur trapping as their primary source of cash income and commercial fishing.  No measurable income can be earned from trapping since the construction of the Bennett Dam. No member of Mikisew has been compensated for this loss.

The Bennett and Peace Canyon Dams are further away than Site C and they have dramatically influenced our way of life. Because the Joint Review Panel alleges that Site C will have no impact on the Delta, Site C provides no means to compensate us for further losses to vital habitat. 

Which brings me to our refrigerator. Mikisew relies on the PAD for its diverse plant and animal species. The Mikisew Cree continue to hunt waterfowl, muskrat, beaver, and moose on the rivers, ponds and meadows of the Delta: these animals thrive on lush wetlands. We fish for many diverse fish species that need seasonal recharge and fresh nutrients to flourish. We also farm the soil of the Delta, and agricultural growth relies on rich soil from seasonal flooding.

Since the construction of the WC Bennett and Peace Canyon Dams, mechanized alteration of water flow has virtually eliminated spring flooding of the Delta. Water scarcity has assaulted the Delta ecosystem: less that 50% of the natural habitat remains available. Due to operational requirements, Site C will release excessive volumes of water at inappropriate times. These modifications to the river system will compromise the seasonal balance of the wetlands. That balance, that recharge, makes hunting and fishing possible and meaningful. 

Put simply, Site C threatens to unplug our refrigerator.   

But could we at least rely on medicine?Many locations on the Delta are only accessible by water: fishing, hunting and gathering camps; burial sites; historical places; and places for ceremony. In the early days, the rivers and tributaries provided transportation and led to permanent connections to places spread across the Delta. Through the PAD we maintain our connection to our ancestors, to tradition and to the Creator. Visiting those places, we teach our children and grandchildren how to live a good life. Living in our spiritual places makes us strong and resilient. Our relationship to the Delta is our medicine: it facilitates healing.  

The Joint Review Panel has not conducted any assessment to determine the impact of Site C on our spiritual connection to the Delta, deciding instead to remove any discussion of Treaty rights from review. The PAD is already threatened by dams and reservoirs on the Peace. The PAD is already diminished by oil and gas, mining and other industries. The Joint Review Panel begs us not to worry. Meanwhile, Site C puts the home of our spiritual connections under siege. It threatens to poison our medicine our way of life.

Finally, our mother. Our mothers create, store and share life. They carry the lifeblood of our culture and way of life and therefore represent the long-term sustainability of the Mikisew. Just as we cannot exist without a mother, we cannot reproduce and regenerate without the Delta. So what does Site C do for our long-term sustainability? How will Site C impact our capacity to regenerate for centuries to come on the Delta? My ancestors signed Treaty 8 to guarantee that their way of life—their fishing, hunting and trapping, and everything that came with those activities—would continue uninterrupted. In 1899, the Crown promised my ancestors the survival of their way of life. In the language of the Treaty: And Her Majesty the Queen HEREBY AGREES with the said Indians that they shall have right to pursue their usual vocations of hunting, trapping and fishing throughout the tract surrendered.

Commissioner Ross stated, “As all the rights you now have will not be interfered with, therefore anything you get in addition must be a clear gain.” For the Mikisew, as for many other nations, this was the most important condition to signing Treaty 8: the ability to hunt, fish and trap as we had always done. The Crown promised no interference. And what now? Site C will transform forever the existing conditions of the Delta. Site C will render the promises of Treaty 8 impossible to fulfill.  Our traditional way of life is also now protected by the constitutional guarantees of Section 35 of the Constitution Act, 1982. Site C endangers all hope of reconciliation – the goal of Section 35. 

Both BC and Canada scoped out the question of Treaty or aboriginal rights infringement from the mandate of the Joint Review Panel. This choice removes consideration of Treaty rights from public review. But importantly, it forces First Nations to prove the dam’s impacts on their lives through litigation, negotiation, and, in possible, compensation. This decision serves nobody: the project stalls, governments squander resources on disagreement, parties grow hostile, and any hope of reconciliation fades. 

Meanwhile, we ask, What will Site C do to Mikisew’s long-term ability to survive? What will Site C do to our Mother? 

I will conclude by asking the Commission to assess and take seriously the potential impacts of the Site C dam on Mikisew’s way of life, our mother, our life line. Thank you for your time today. 

Hiy Hiy to my ancestors and to the late Willie Courtoreille for fighting for the PAD