Good afternoon, Mr. Chair, and members of the committee. My name is Christopher Plain, and I am the elected chief of the Aamjiwnaang First Nation, which is just south of the city of Sarnia.
I am also the southwest regional grand chief representing my area, and my traditional territory stems from Walpole Island right up to Goderich at the Maitland River. I come from that perspective.
The Anishinabek nation, which I am here representing, consists of seven tribal groups. We are the original inhabitants of the Great Lakes region. We have lived in harmony with the environment and been self-sustaining as a result of this environment. The Anishinabek citizens understand and respect the delicate balance between the use and maintenance of the Great Lakes waters. These waters also provide a spiritual and maternal tie, as many of our teachings and our stories are behind these waters.
The Anishinabek nation incorporated into the Union of Ontario Indians in 1949 as a political advocate and secretariat to 39 first nations across Ontario that are all located within the Great Lakes Basin. The Union of Ontario Indians' mandate includes acting as a political advocate on behalf of the member first nations and coordinating our positions on a wide variety of issues. The Union of Ontario Indians also provides a policy analysis of legislation and policy of both federal and provincial governments.
This support includes the health and well-being of our Great Lakes and inland water, water management, and communicating the concerns and needs of our member first nations. The Anishinabek nation, as aboriginal people of Canada, opposes and disapproves of the Bruce Power plans and any other future plans to transport or ship any radioactive waste or radioactive contaminated equipment through the Great Lakes and the St. Lawrence Seaway. The Anishinabek nation's reason for opposition is that the radioactive waste through the Great Lakes presents a great risk to our waters' environment and to aboriginal safety.
The Anishinabek nation has a long-standing use and occupation of the lands and waters in the Great Lakes Basin. This is seen through signed treaties. Some first nations did not sign treaties, and they still have rights that have yet to be extinguished. First nation treaty and inherent rights are protected as part of the highest law in Canada. Both treaty and inherent rights are constitutionally protected under section 35 of the Constitution of Canada.
The Badger case in 1996 states that:
...the honour of the Crown is always at stake in its dealing with Indian people. Interpretations of treaties and statutory provisions which have an impact upon treaty or aboriginal rights must be approached in a manner which maintains the integrity of the Crown. It is always assumed that the Crown intends to fulfil its promises. ...any ambiguities or doubtful expressions in the wording of the treaty or document must be resolved in favour of the Indians. A corollary to this principle is that any limitations which restrict the rights of Indians under treaties must be narrowly construed.
The Canadian Nuclear Safety Commission has failed to fulfill its constitutional duty to accommodate and consult with first nations on completed actions that may impact upon constitutionally protected treaty and aboriginal rights.
The Supreme Court of Canada’s Taku and Haida decisions ruled that the crown has a legal duty to consult and where indicated to accommodate the concerns of aboriginal groups when the crown has knowledge of the potential existence of an aboriginal right and contemplates conduct that might adversely affect it.
The Supreme Court of Canada has also ruled in the Mikisew Cree case that the principle is also applicable to treaty rights. To date there has been no accommodation or consultation with the first nations that are located in the Great Lakes Basin.
The Union of Ontario Indians provided correspondence, a letter dated July 26, stating that the Canadian Nuclear Safety Commission has failed to fulfill its constitutional duty to accommodate and consult with first nations. The UOI also requested a face-to-face meeting, but was never given that opportunity; in response, the Canadian Nuclear Safety Commission encouraged the Anishinabek nation to attend a public hearing on September 29. However, this forum was not consultation, nor did it allow for discussion, questions, or feedback.
The Union of Ontario Indians maintains that aboriginal and treaty rights and any first nation interest in its traditional territory cannot be abrogated, derogated, or infringed in any way. These rights are protected by section 35 of the Constitution Act of 1982. The Canadian government has a long history of neglecting first nation reserve lands that have been contaminated through the actions of others. First nations have been struggling for decades for remediation of their lands and waters. We do not want to see the Great Lakes or the St. Lawrence River contaminated or tainted with radioactive waste. The Anishinabek cannot accept assurances of safety or remediation in the event of an accident. The potential long-lived contamination to the environment and to all living entities is too great, and it is very real to our communities.
Forty million people retrieve drinking water from the Great Lakes and St. Lawrence Seaway. In addition, many communities are currently battling invasive species, loss of traditional foods, contaminated sediments, decline in fisheries, decline in water levels, areas of concern, and the list goes on. The Great Lakes and St. Lawrence Seaway cannot take any more impacts. The lack of protection for the environment has affected the way of life of our first nations citizens.
The Canadian Nuclear Safety Commission has also failed to recognize Anishinabek or first nations jurisdiction. We were never conquered nor were these lands uninhabited. The Great Lakes waters and lake beds were not ceded under any treaty.
In the Van der Peet decision, the Supreme Court of Canada indicated that section 35(1) of the Constitution Act protects aboriginal rights that extend to both land and water. Under the Badger decision, the onus of proving that aboriginal and treaty rights have been extinguished lies with the crown, and there must be “strict proof of extinguishment”.
The Anishinabek nation has treaty rights with respect to the management of waters. Anishinabek lands occupy the Great Lakes shoreline; the Anishinabek nation maintains that they have title and inherent rights to those waters. As a result, the first nations have jurisdiction over them, and that should be respected.
The Anishinabek nation opposes any nuclear shipment or transport of radioactive waste or radioactive contaminated equipment.
Given the risk of harm to human health, to aquatic habitat, to species, and to the environment, and given that there is immense international concern in relation to Bruce Power's licence, the decision should enforce that the lakes be protected. The Anishinabek nation still should have been consulted and involved in the decision-making process of this initiative.