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Indigenous Leaders Seek Clarity on Water in Pipeline Deal

Some Indigenous leaders are seeking clarification from the Canadian government following a recent pipeline agreement with Alberta that does not address concerns regarding freshwater resources. The agreement, aimed at constructing a pipeline to transport bitumen from Alberta to the British Columbia coast, overlooks the significant water usage involved in extracting bitumen from the oilsands. Additionally, it fails to acknowledge the potential risks to freshwater sources posed by the tailings ponds left behind by oilsands operations.

The Crown-Indigenous Working Group, established in 2021 by the federal government, was tasked with collaborating with impacted First Nations and Métis communities to develop strategies for managing and remediating the heavily polluted tailings ponds.

Despite inquiries about the absence of water-related provisions in the agreement with Alberta, the Privy Council Office did not provide direct responses. Instead, it reiterated the commitment to engaging with Indigenous communities and upholding the United Nations Declaration on the Rights of Indigenous Peoples.

An Indigenous water monitoring organization highlighted in a recent report the concerning projection that by 2070, tailings ponds in Alberta could encompass an area larger than nearby First Nations territories. This comparison underscores the extensive encroachment on water bodies and the associated risks for the future.

The signing of the federal-provincial agreement preceded Indigenous Services Minister Mandy Gull-Masty’s recent reluctance to ensure source water protections in an upcoming legislation focusing on clean drinking water for First Nations. The previous version of this bill, introduced under former Prime Minister Justin Trudeau’s administration, included provisions for source water protection but did not pass before Parliament was prorogued.

The agreement with Alberta briefly mentions water in the context of a potential pipeline route to the Pacific coast. It suggests that exporting bitumen to Asian markets via a deepwater port in British Columbia may necessitate lifting the oil tanker moratorium in place since 2019.

Indigenous leaders, particularly in Alberta, are alarmed by the history of tailings pond leaks contaminating water sources. Trevor Mercredi, grand chief of Treaty 8 First Nations of Alberta, expressed concerns that environmental safeguards and water security are not prioritized by the government and industry.

Jesse Cardinal, executive director of Keepers of the Water, emphasized that the government’s energy sector goals clash with the limited availability of water resources. She warned that continued expansion of tailings ponds, which currently exceed the size of Vancouver, is unsustainable given the water scarcity.

The federal government allocated $12 million over a decade for the Fort Chipewyan Health Study to evaluate the health impacts of oilsands activities on community members. The study aims to assess potential heightened risks of cancer and other health issues for communities downstream from the oilsands operations.

Efforts by Indigenous communities and environmental advocates to address the challenges posed by tailings ponds, including a forthcoming conference, underscore the urgency of addressing water-related concerns. The collaboration between various stakeholders, as outlined in a discussion paper released in partnership with the Crown-Indigenous Working Group, aims to assess and mitigate the impacts of oilsands mining effluent on treaty and Aboriginal rights.

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