[All] Treaty Rights & Rights of Biodiversity

[Gregory C. Michalenko]

Dear Lulu:

You should be more careful in checking your facts.  A major error is saying that the Hidden Valley road will go "directly over the top where they [Jefferson Salamanders] have been confirmed in the forest".  This is not so at all.  A thorough study was made of herptiles and Jefferson salamanders were found.  This triggered additional studies, critical Jefferson habitat delineation was done,  and a new road route was proposed outside of it.  I had a chance to go through it when it came to EEAC.  I've also talked to the specialist who discovered the Jeffersons, and heard a presentation from the MNR person in charge of the file. The revised road trajectory stays well away from the area now officially designated as Jefferson habitat.

I think you may also be wrong that Hidden Valley has the largest distribution of Jeffersons in Canada. Could you let me know the evidence you have for that?

- Greg Michalenko
________________________________
From: All [all-bounces at gren.ca] on behalf of Louisette Lanteigne [butterflybluelu at rogers.com]
Sent: Wednesday, June 17, 2015 10:45 AM
To: GREN >
Subject: [All] Treaty Rights & Rights of Biodiversity

Just sent

Lulu

----- Forwarded Message -----
From: Louisette Lanteigne <butterflybluelu at rogers.com>
To: Prime Minister/Premier Ministre <pm at pm.gc.ca>; Justin Trudeau <justin.trudeau at parl.gc.ca>; Tom Mulcair <thomas.mulcair at parl.gc.ca>; Elizabeth May <elizabeth.may at parl.gc.ca>; "leona.aglukkaq at parl.gc.ca" <leona.aglukkaq at parl.gc.ca>; DionStéphane [NCR] <stephane.dion at parl.gc.ca>; Francis Scarpaleggia <francis.scarpaleggia at parl.gc.ca>; "premier at ontario.ca" <premier at ontario.ca>; Minister (MAH) <minister.mah at ontario.ca>; Min XNCR <min at dfo-mpo.gc.ca>; "minister.moe at ontario.ca" <minister.moe at ontario.ca>; MIN Feedback (MNR) <minister.mnr at ontario.ca>; AINC-INAC Ministre-Minister <minister at aadnc-aandc.gc.ca>; MP Peter Braid (Kitchener-Waterloo) <peter.braid at parl.gc.ca>; MPP Catherine Fife (Kitchener-Waterloo) <catherinefife at on.ndp.ca>; Andrea Horwath <ahorwath-qp at ndp.on.ca>; Info <info at gg.ca>; "gail.jackson at ontario.ca" <gail.jackson at ontario.ca>; Gail Mainster <gmainster at davidsuzuki.org>; CELA Articling Student 1 <articling.cela at lao.on.ca>; Anastasia Lintner <alintner at ecojustice.ca>; Wildlife Ontario/Faune <wildlife.ontario at ec.gc.ca>; "wildlife.enforcement at ec.gc.ca" <wildlife.enforcement at ec.gc.ca>; "anna at wildlandsleague.org" <anna at wildlandsleague.org>; Carolinian Canada Coalition <wildlife at carolinian.org>; Tim ( MAH) Ryall <tim.ryall at ontario.ca>; David Donnelly <david at donnellylaw.ca>; "environment at afn.ca" <environment at afn.ca>; Environment Canada Inquiry Centre <enviroinfo at ec.gc.ca>; RAVEN (Respecting Aboriginal Values & Env. Needs) <susan at raventrust.com>; Commissioner of the Environment and Sustainable <petitions at oag-bvg.gc.ca>; Myeengun Henry <mhenry at conestogac.on.ca>
Sent: Wednesday, June 17, 2015 10:44 AM
Subject: Treaty Rights & Rights of Biodiversity

Dear Hon. Premier and Ministers.

Yesterday I wen to Toronto and witnessed the court process of Chippeway of the Thames (COTT) taking on Enbridge, the NEB and the Crown on regarding the lack of crown consultation regarding Line 9. Three judges were there grilling all the lawyers on the many issues. Here is what I saw.

The judges were debating whether or not the NEB had the jurisdictional power to act as the crown seeing that they were an "agent" of the crown. The solicitor for COTT stated that the NEB has the obligation to abide by charter and treaty rights under the constitution as proven by Rio Tinto, Haida Treaty etc. They do have power to ask for a crown consultation process but they cannot replace one using the NEB hearing. In the case of Line 9 it never took place and that was confirmed by the NEB's solicitor that they "did not execute section 58".

The Crown did not participate in the NEB approval process. Enbridge said they would be unfairly treated if the decision gets cancelled because it's not their fault crown consultation did or did not take place. They believe the decision should stand. The solicitor for the Crown argued that there is no specific time protocol for when to apply Crown consultation. He argued it is unreasonable for First Nations consultation to take place until AFTER the NEB makes their decision because if the verdict is no there is no logical reason to require consultation in his view. At that point the audience along with me quietly groaned, mumbled etc. Not a popular idea to put it mildly. (This is racist in my view to give everyone else a voice to shape the approval while negating First Nation's concerns. How can we make informed decision if folks don't have a say equally at the same time?)

The COTT solicitor spoke in response and stated if the public process negates crown consultation until after approval it puts a huge financial burden on First Nation's communities wanting to reverse or amend an existing approval. It forces them to seek out a court process to contest or amend or cancel whatever decision was made. It's not fair. He also reminded the judges that the law protects against adverse impacts to First Nations. That the term "Adverse" is not limited to a leak in the pipe but to the long term adverse impacts on First Nations as a totality.

The end remarks were well received with subtle but happy murmurs of yes and yeps, tiny quite little claps and leg tapping in support. The room was bubbling with hope.
Outside protesters gathered in solidarity with banners, drums and chants demanding compliance to Treaty Rights making all the loud wonderful noise we could not show in the court room. They yelled clapped and drummed for us all.

During an earlier break in the hearing, I got up and offered hand made felt pins I made in support of the Two Row wampum and Chippewas of the Thames. I made 47 of them and offered it to every single person in the audience at that hearing.  33 were given out, two folks asked for an extra one, and only 6 people declined to receive them and they were all dressed in suits and formal attire giving me the impression they were working at the time although I cannot personally confirm if that was indeed the case or not. All I know is that of the majority of people in the audience came to support Chippeways of the Thames as I had.

Now we await the decision. It will be a few weeks before we get that.

In the back of my mind I'm thinking they are treating us just like endangered species in Canada.  Just like the animals that are supposed to be federally protected but are not.

Locally the  Region of Waterloo and other areas have a history of not implementing critical habitat delineation for endangered species until after approvals are given. For those who want to champion their cause to protect them and their habitats it discriminates against us. There is no reasonable data established that we can use since they have not completed testing, nor is there reasonably informed decisions prior to consent that gives everyone a clear view on what needs to be protected and how much area is left to work with. This forces concerned citizens, Aboriginal folks and advocates to have to seek judicial processes out side of the normal planning phase and puts the burden on concerned citizens to prove animals are there while experiencing duress and costs of an adversarial OMB system. So many parallels exist between these two case of how First Nations people and endangered animals are being treated it makes me wonder if they aren't trying to kill us both off.

It is illogical and unreasonable to defer these matters until after the approval stage is complete. These animals protect the last remaining grassland meadow habitats in the Grand River Watershed where only 1% of those areas remain.These animals also protects primary recharge areas away from well heads because there are no laws that exist to reasonably protect that. It protects valuable medicines of First Nations including plants like Ohio Spiderwort who's roots are used as a poultice to fight cancer and it protects biodiversity and our water supply and pollinators.  One cannot harm these last remaining sacred lands without causing harm to endangered species. It is common sense. The only habitats we have now are the last remaining of their kind. According to the Ministry of Natural Resources, up to 90% of Southwestern Ontario's natural wetlands have already been destroyed by development.
http://www.npca.ca/wp-content/uploads/LyonsCreekEast/Wetland-Restoration-final_26Feb07b.pdf

Modern humans evolved approximately 3.5 million years ago but turtles go back for 215 million years ago and were around during the age of dinosaurs. They are dependent on temperature which is a feature retained from ancient times, before sex chromosomes and heritable sex traits evolved. Unfortunately, with rising temperatures associated with climate change,  this same trait is what makes turtles highly vulnerable to extinction. Source; http://www.tortoisetrust.org/articles/snappers.htm

Waterloo Region is known to be one of the highest mortality areas for turtles in Canada due habitat destruction and the placement of roads and development beside known habitats. This was noted in a report by the David Suzuki Foundation called the Road to Extinction.
Source: http://www.davidsuzuki.org/publications/reports/2012/the-road-to-extinction-a-call-to-end-the-snapping-turtle-hunt/

The policy failures are self evident in the data noted above. When projects encroach upon the wetlands such as Hidden Valley in Kitchener and Barrie's Lake in Cambridge, it is self evident the system is not working.  Both these projects have been approved at the municipal level in spite of the previous EA studies citing a multitude of endangered species in both these areas. I found all my information about them in reports that are already in the possession at the Region. There is no plausible deniability regarding this data.  The fact approvals were given for these species without critical habitat delineation in place first shows the laws as they are being applied now are not working to protect what it was intended to protect. There is no precautionary approach being used. This is clearly a pre-development bias. There are many species being left out of the planning process but previous EA data notes all of them.

The need is there to strictly mandate that these laws be used prior to approval, not after and in the case of Hidden Valley and Barrie's Lake, we need a solid no from the Province. There is no other reasonable response to be made. Hidden Valley is home to the largest distribution of Jefferson Salamanders in Canada. A roadway extension is proposed to go directly over top where they have been confirmed in the forest.  Barrie's Lake is in the natural corridor between RARE charitable research reserve and the Grand River. Habitat for a huge diversity of species including rare snakes, turtles, badgers, bobolink, Least Bitterns and Jefferson Salamanders to name but a few. It is within the reasonable habitat range for the last remaining cougars in Ontario. This species has already been declared extinct. Here are some quick examples of media reports regarding various area sightings for these species in this zone.
http://metronews.ca/news/kitchener/1055001/experts-hiking-cambridges-rare-reserve-can-cut-the-mustard/
http://www.therecord.com/news-story/5023320-another-cougar-sighting-reported-near-cambridge/

The habitat is reasonable to protect from an economic standpoint too. Waterloo Region is the second largest food belt in Ontario. These lands are best kept as recharge to provide water for generations to come to provide both food and water security as well as a sustainable steady revenue for the water it provides for citizens, industries and agriculture. We have to value natural commodities like natural recharge zones as a pillar of our economy and value animals as the protectors of the resource to protect treaty rights, federal laws and our long term environmental and economic systems.

We have a duty to comply to International law to protect both Aboriginal Rights and Biodiversity. Federal law and treaty rights exist to protect both but they will not work unless we stop systematically allowing exemptions that allow for the pollution and destruction of the land. That approach is currently killing both people and animals. It is the same mindset killing us all.

The way we are living today it makes me wonder if my grand children will ever have the blessing to see a snapping turtle in the wild. In the age of climate change and with our current destructive planning processes we cannot delay taking action on these issues today if we are to protect both the children and the turtles.

To save Turtle Island, save the turtles and the web of life we all share.

Wela’lin / Thank you

Louisette Lanteigne
700 Star Flower Ave.
Waterloo Ont.
N2V 2L2



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