Evidence of meeting #13 for Environment and Sustainable Development in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was commission.
A recording is available from Parliament.
4:40 p.m.
Conservative
The Chair Conservative Harold Albrecht
Thank you very much, Mr. Farwell. Thank you for keeping your comments well under the 10 minutes.
We move now to Chief April Adams-Phillips.
Welcome.
February 25th, 2014 / 4:40 p.m.
Chief April Adams-Phillips Representative, Mohawk Council of Akwesasne and Chiefs of Ontario
Good evening. I'm Chief April Adams-Phillips from the Mohawk Council of Akwesasne.
The Mohawk Council of Akwesasne welcomes the opportunity to address the Standing Committee on Environment and Sustainable Development, and presents its comments on the water quality of the Great Lakes Basin.
It is important to note that the first nations have a historical and ongoing relationship with the waters of the Great Lakes Basin and can provide an important perspective for this committee's consideration. As such, in making these comments, the Mohawk Council of Akwesasne supports the written submission of the Chiefs of Ontario in response to the questions posed by the committee on the Great Lakes Basin.
Akwesasne is geographically in a unique location within the Great Lakes Basin and along the St. Lawrence River in particular. As a first nation community we are located in the southeastern part of Ontario, southwestern part of Quebec, and in northern New York state. Population-wise, we are one of the largest first nations in Canada with membership over 12,000, and an on-reserve population of over 10,000. We have had a presence along the St. Lawrence River for thousands of years.
The environment program within our Department of Tehotiiennawakon was created almost 40 years ago and is one of the most mature and experienced environmental programs among the first nations in Canada. Today it's managed by a staff of seven, including three environmental assessment officers, one science officer, one environmental educator, one forestry technician, and a manager. The environment program was established to help the community deal with the multitude of environmental impacts arising from the industrial development along the St. Lawrence River.
The St. Lawrence River at Akwesasne is one of 43 areas of concern in the Great Lakes Basin, primarily due to mercury and polychlorinated biphenyl, PCB, and other contaminants of concern in the water, sediments, and fish. We have been actively involved in the development of the remedial action plans, one American and one Canadian, that have been developed for the St. Lawrence area of concern. In the process, our environment program staff have developed strong relationships with Environment Canada in both the Ontario and Quebec regions, the Ontario Ministry of the Environment, the Ministry of Natural Resources, and with local conservation authorities in Raisin Region and South Nation.
In terms of identifying locations of environmental concern, we remain concerned about the health of the St. Lawrence River at Akwesasne. While the past 25 years have seen tremendous changes in the environment of the river with the cleanup of numerous hazardous waste sites and the closing of a number of industries that have been a major source of the pollution of the river, no substantive studies have been undertaken to verify that the contaminant levels in the fish, sediments, and plants in and along the river would support the delisting of the St. Lawrence River area of concern.
The fishery of the Great Lakes Basin is reliant on water quality and quantity. As water temperatures increase and water levels decrease, it places the fishery at risk, including the commercial fishery, recreational fishery, and the aboriginal fishery. Historically, the aboriginal fishery has received the least financial support from the Government of Canada in terms of allocating resources to protect it. In fact, since the termination of the aboriginal inland habitat program in 2012, no funds have been available from the federal government to protect or restore local first nation fisheries.
In July 2013, we hosted the International Joint Commission as they were holding hearings related to regulating water levels in the Great Lakes and St. Lawrence River. While council expressed support for efforts to mimic natural flows in the river, environmental concerns remain regarding shoreline erosion and the role ships in the St. Lawrence Seaway contribute to this ongoing environmental problem.
We have submitted a funding proposal to Aboriginal Affairs and Northern Development Canada to develop our own water law and regulatory framework. We understand the drinking water regulatory void faced by first nations as the setting of water standards is a provincial responsibility, and first nations are exempt from those standards. We have been working to be proactive in creating our own water law and regulatory framework, and have been trying to work with Canada in piloting a first nation initiative in this area.
Finally, the impacts of climate change represent one of the greatest challenges facing water quality in the Great Lakes Basin going forward. Extreme weather events and rising water temperatures in particular are a growing concern and have the potential to change the flora and fauna in the basin. It will also continue to contribute to lowering the water levels throughout the basin. Because of our long-term presence throughout the Great Lakes Basin, first nations can contribute positively to this discussion, if given the opportunity.
On prioritization, the impacts of climate change are fast and are becoming the greatest environmental threat to water quality within the Great Lakes Basin. First nations can play a critical role in this monitoring. Creating a first nations water law and regulatory framework is a proactive and responsible endeavour that Canada should support. Evaluating whether levels of contaminants in fish, sediments, and waters have lessened with the cleanup of many hazardous waste sites and the closing of many industrial plants, the source of contaminants, will be key to the delisting of many areas of concern. Improving the fishery of the Great Lakes Basin is important to commercial, recreational, and aboriginal interests. First nations can play an important role in protecting all three interests, but will need financial resources to participate.
Remediation efforts in the Great Lakes Basin represent a challenge for all involved in ensuring a healthy and productive basin. Continuing budget cuts to federal and provincial environmental agencies responsible for water quality in the Great Lakes Basin requires great cooperation and partnerships among basin interests, including first nations.
We have to continue to partner with others with an interest in the Great Lakes Basin, particularly the St. Lawrence River. Respectful and cooperative relationships have been developed, based on focusing on common interests of a healthy river for all. Our environment program is undertaking a three-year species at risk project in partnership with the Ontario and Quebec regions of Environment Canada and in partnership with Ontario Power Generation. The project is focusing on a critical habitat for five turtle species, two bird species, and one frog species in the St. Lawrence River.
We have been coordinating our efforts in creating a first nations water law and regulatory framework with both the Provinces of Ontario and Quebec and with the federal government. It has obtained letters of support from the respective provincial environmental agencies and we continue to pursue the project with Aboriginal Affairs and Northern Development Canada.
We have developed a relationship with the Department of Fisheries and Oceans. We have hosted meetings with representatives from the department and other first nations and developed a paper on the importance of sturgeon to the aboriginal fisheries for the department's consideration.
We have been an active participant in the development of Ontario's proposed Great Lakes protection act and have advocated for many of the changes to the proposed legislation that recognize and support first nations involvement in the protection of the Great Lakes. We have also been active in supporting the inclusion of a first nations' annex to the Canada-Ontario Agreement Respecting the Great Lakes Basin that will lead to greater engagement of first nations in basin issues based on the principles of respect and cooperation.
On recommendations for best practices, the strength of our environment program is its ability to integrate a culturally based approach with western science in addressing the environmental challenges facing the Great Lakes Basin. Respectful and cooperative relationships are the key to moving forward together in ensuring a healthy Great Lakes Basin for all.
On a local level, our environment program has developed a culturally based environmental assessment process that meets and exceeds the requirements of the Canadian Environmental Assessment Act. It has been used in conducting a harmonized environmental assessment for the Three Nations Bridge Crossing with the Federal Bridge Corporation. It is used in conducting environmental assessments of all projects in Akwesasne.
Within the province of Ontario, the changes to the proposed Great Lakes Protection Act embody how first nations can be meaningfully engaged in efforts to protect the Great Lakes for all people. They include: one, the acknowledgement of existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982; two, invited participation of aboriginal peoples on the proposed Great Lakes guardians' council; three, opportunity for first nations participation in geographic area initiatives; and four, recognition of traditional ecological knowledge as a tool to assist in implementing the act.
The inclusion of a first nations annex in the Canada-Ontario agreement will strengthen the relationship between first nations, the province, and Canada, built around a common interest in protecting the Great Lakes for all peoples.
In this time of fiscal restraint and government cutbacks, engaging first nations in a respectful and cooperative way represents the best approach to the protection of the Great Lakes.
4:50 p.m.
Conservative
The Chair Conservative Harold Albrecht
Thank you very much Ms. Adams-Phillips.
We will move now to a seven-minute round of questions. We will begin with Mr. Woodworth from the Conservatives.
4:50 p.m.
Conservative
Stephen Woodworth Conservative Kitchener Centre, ON
Thank you very much, Mr. Chair, and my thanks to the witnesses for their evidence today.
Before I begin with the witnesses, I want to mention, Mr. Chair, that there was a comment earlier from one of the members to the effect that the government had not put any money into the budget, currently before the House, for wetlands. That comment, unfortunately, is ill-informed. I want to quote from Ducks Unlimited in relation to the budget to set the record straight. They said:
We’re pleased that the Government of Canada is continuing its investment in aquatic habitat.... Wetlands are critical habitat to many of our fish and wildlife resources and this partnership program directly supports habitat restoration and enhancement—efforts that play a critical role in supporting healthy fish stocks and waterfowl populations in Canada.
Ducks Unlimited, of course, is one of the premier conservation groups in Canada. I was pleased that they had high praise for the budget and the partnership that was mentioned in the budget. I just wanted to set the record straight on that.
Next I would like to say how much I appreciated Chief Adams-Phillips' comments. To be honest, I was very pleasantly surprised at the detail of the very exciting and hopeful optimistic collaborations that you are describing. I wish I had more time than I do, so that I could ask you about them, but I'll ask you to forgive me because Mr. Farwell is from my backyard.
The Grand River is my home, so I need to direct my questions, or many of them, to him. If I have a chance, I may come back to you, but I really did appreciate your comments.
Mr. Farwell, particularly welcome to you from the Grand River and the Kitchener-Waterloo area. I have a very high regard for your efforts and the efforts of GRCA as you know. I am very glad to have you here today to hear about them.
In particular, I'll start with some questions around the water management plan that you have referred to in your remarks. You mentioned that Environment Canada has been a strong supporter in the development of the water management plan. I wonder if you could tell us what contribution, funding, or other resources Environment Canada has made to the development of that water management plan.
4:55 p.m.
Chief Administrative Officer, Grand River Conservation Authority
Thank you, Mr. Chair. Through you, over the past four years Environment Canada has directly contributed $90,000 in funding to the water management plan, which was certainly appreciated. Just as appreciated was a really strong staff contribution in our steering committees and our committees' working groups to actually develop this plan. Having that federal perspective at the table, because of the impact of the Grand River on Lake Erie, has been a really important contribution from Environment Canada.
4:55 p.m.
Conservative
Stephen Woodworth Conservative Kitchener Centre, ON
I also have the impression from our last witness—and you don't have to answer this if you can't—that the Government of Canada has recently put an amount of $16 million forward for the monitoring of phosphorus in Lake Erie.
Do you know anything about that at all that would relate to your work?
4:55 p.m.
Chief Administrative Officer, Grand River Conservation Authority
I don't know any specific details, but I am encouraged to hear that though.
4:55 p.m.
Conservative
Stephen Woodworth Conservative Kitchener Centre, ON
I gather the water management plan that you've worked on is directed toward, in good measure, nutrient management. I'm thinking that refers to farmers and agricultural practices, and the problem of phosphorus that we have been hearing about.
Could you describe some details about how a nutrient management plan would work as developed by your agency?
4:55 p.m.
Chief Administrative Officer, Grand River Conservation Authority
Certainly. Through you, Mr. Chair, a nutrient management plan is just what it sounds like. It's a management plan that matches a crops nutrient requirements with the amount that the farmer puts on the field or applies. The intent is to leave little phosphorous to runoff and little nitrogen to soak down into the groundwater.
The plan really starts with soil tests to understand the amount of nutrient in the soil, examination of how much nutrient a crop needs, and then really some precision application. Farming has become a very precision profession and the tools are available to really precisely apply the right amount of nutrients to the right portions of the field. It's really about getting the nutrients where they need to be, when they need to be there.
4:55 p.m.
Conservative
Stephen Woodworth Conservative Kitchener Centre, ON
I understand that this reduces the runoff into the ground and therefore ultimately into Lake Erie.
4:55 p.m.
Chief Administrative Officer, Grand River Conservation Authority
Absolutely. That's correct.
4:55 p.m.
Conservative
Stephen Woodworth Conservative Kitchener Centre, ON
Do you have the opportunity, by the way, to share those kinds of expertise and practices with our American cousins? We were told that the Maumee River, in particular, is also a problem area for phosphorous runoff.
4:55 p.m.
Chief Administrative Officer, Grand River Conservation Authority
Thank you.
Certainly, we just recently had some seats on some of the annex committees—the Grand River Conservation Authority directly and Conservation Ontario under the Great Lakes agreement—to actually participate with some of the larger initiatives around the Great Lakes Basin. I'm not familiar with all of the committee structure yet, but we're at the table, finally.
4:55 p.m.
Conservative
Stephen Woodworth Conservative Kitchener Centre, ON
Very good. I appreciate that.
I also want to ask you a little bit about the issue of nuisance weed growth, because I don't really understand the implications of it. I don't know how far along the lake that occurs, and I don't know how it relates to your water management plan. I wondered if you could give us more detail about that.
4:55 p.m.
Chief Administrative Officer, Grand River Conservation Authority
Certainly. It's estimated that the Grand has the potential to create a plume that runs about 12 kilometres along the shoreline. Depending on which way the wind is blowing and how the drift is going along the shoreline, it can go east or west, but it's a fairly extensive plume. It's really in the nearshore area. Once it's into the deep water, the weeds don't necessarily have the sunshine and the warmth to proliferate. It's really in that nearshore zone. The high weed growth is a result of the high nutrient levels in that plume.
4:55 p.m.
Conservative
Stephen Woodworth Conservative Kitchener Centre, ON
What does that do to the water quality or the health of the lake?
4:55 p.m.
Chief Administrative Officer, Grand River Conservation Authority
The weeds consume oxygen at certain times of the day and reduce the oxygen levels. Certainly, it changes the whole aquatic ecosystem in and around that area. Less available oxygen always results in a different system.
4:55 p.m.
Conservative
The Chair Conservative Harold Albrecht
We'll have to come back to that in another round, perhaps, if we have time.
We're going to move now to Monsieur Choquette.
4:55 p.m.
NDP
François Choquette NDP Drummond, QC
Thank you, Mr. Chair.
I want to thank the witnesses for joining us today. My questions will be for Chief Adams-Phillips.
Our research has shown us that mercury in fish is a problem. That is also one of your concerns.
What measures do you think the government could take to remedy this situation and ensure that the mercury issue is handled?
5 p.m.
Jim Ransom Director, Tehotiiennawakon, Mohawk Council of Akwesasne, and Representative, Chiefs of Ontario
If I may, I'll answer that for her. The mercury levels in our area are from historical discharges, mainly from a Domtar pulp and paper mill that has since closed.
What we're seeing is that the mercury levels immediately adjacent to our community are dropping over time, but it also seems that the sediment is resuspending and moving further downriver into the Quebec portion towards Montreal. We don't know how much of it is redepositing further downstream versus, in our area, being covered up by other, cleaner sediments. In our remarks, we said that one of the things that would be helpful is to do a follow-up study of contaminant levels in fish, sediments, and plants.
5 p.m.
NDP
François Choquette NDP Drummond, QC
Thank you very much.
Let's continue in the same vein. As you know, we have an agreement between Canada and the United States. The agreement between Canada and Ontario is currently being negotiated. Do you think first nations are well represented in those negotiations? Are their demands and needs being taken into account?
Earlier, you talked about fishing and first nations. You said that assistance for fishing was no longer being provided. Do you think your presence is being respected in agreements such as the one concluded between Canada and the United States concerning the Great Lakes or the agreement between Canada and Ontario, which is being negotiated? Do you feel that you are being listened to and that your recommendations are being taken into consideration?
5 p.m.
Director, Tehotiiennawakon, Mohawk Council of Akwesasne, and Representative, Chiefs of Ontario
Yes, historically it's been a problem in regard to first nations participation, whether it's been through the Great Lakes Water Quality Agreement, or in particular, with the Canada-Ontario agreement. We think that collectively we're making some headway in getting more representation throughout both initiatives.
In particular, there's discussion right now for a first nations annex to the Canada-Ontario agreement that would allow for the engagement of first nations in all of the annexes within the Canada-Ontario agreement in a respectful and cooperative fashion. It's something that we've been asking for over the years, and it now appears that it's going to occur.
I can say, in terms of the International Joint Commission, we have two first nations people who have been nominated to two of the boards. Henry Lickers, who's our science officer for the Mohawk Council of Akwesasne, has been nominated to the science board, and Dean Jacobs, from Walpole Island, has been nominated to the water quality board. I think in both cases we'll have opportunities for representation.
Outside of that context, right now Ontario, and the Ontario Ministry of the Environment, has been leading the way in trying to find ways to increase first nations participation.
5 p.m.
NDP
François Choquette NDP Drummond, QC
Thank you very much.
You talked a lot about the quality of fish habitat, temperature and water levels. Do you have any specific recommendations on fishing when it comes to first nations? Is first nations fishing different from commercial fishing? Do you have any recommendations on fish habitat protection?
5 p.m.
Director, Tehotiiennawakon, Mohawk Council of Akwesasne, and Representative, Chiefs of Ontario
Right now we think it's very important to put in place some monitoring programs, not just for first nations but throughout the Great Lakes Basin. There needs to be much improved monitoring of water temperatures around the basin to track the temperature increases as they occur, and then to start correlating those with studies to see how they're affecting fish populations. In warmer temperatures certain fish species will not be able to spawn and will die out. We need to be ahead of the game and looking out for those fish interests.
Then in terms of climate change, we need to look at areas in the United States, because their temperatures today will be Canada's temperatures tomorrow. So what can we learn from their habitats right now as they're being managed? What species can we expect to migrate north—animal, fish, and plant species?