Environment: Current Problems

NT


November 3, 2017


Climate Change

Canadian Council of Ministers of the Envronment must include Indigenous views

Assembly of First Nations – First Nations must be full participants in all meetings of Canadian Council of Ministers of the Environment (CCME) to ensure their voices are heard in environmental and climate change solutions.

“Reconciliation has to include respect for our Elder’s traditional knowledge and our understanding of the lands and waters, the animals and plant life. We have a central role to play in lawmaking in this area, and we have responsibilities to safeguard our traditional territories and our people. We hold valuable knowledge that can help everyone in maintaining a healthy environment for all our children.” The AFN has created the Advisory Committee on Climate Action and the Environment (ACCAE) and is currently establishing a network of climate coordinators across Canada. The Assembly is also working with First Nations Elders on the development of an Indigenous Knowledge policy that would support federal efforts to better respond to the impacts of climate change and other environment issues.

In his presentation to the CCME, the National Chief advanced three points:

  • Establish “regional tables” between First Nations and provinces and territories to ensure First Nation participation within the different regions;
  • First Nations’ law must also be accommodated and recognized, in addition to common law and civil law, when dealing with environment and climate change regulation and management as a way to express and share First Nations’ traditional knowledge and responsibilities to safe guard the lands, wildlife, waters, and resources;
  • First Nations must be involved as key players in the emerging economic industry for clean energy, adaptation, and mitigation.

December 1, 2018


Environmental Impacts

Failure to protect Woodland Cariboo

Government of Canada – “Progress Report on Steps Taken to Protect Critical Habitat for the Woodland Caribou” indicates little progress is being made toward conservation. Meanwhile, provinces continue to issue permits for energy and forestry developments that do not comply with Species At Risk Act (SARA) , placing caribou at even greater risk. (David Suzuki Foundation)

Canada’s Species at Risk Act requires provinces to create plans to ensure at least 65 per cent of caribou habitat is protected and restored to help them survive.

This report notes that there continue to be gaps in comprehensive protection for boreal caribou critical habitat throughout the boreal caribou range… Most importantly, the development of regionally-specific range plans through meaningful partnership with Indigenous Peoples and broad engagement with multi-stakeholder groups, and their implementation, including through effective laws, regulations and policies, are central to achieving this outcome.
https://www.canada.ca/en/environment-climate-change/services/species-risk-public-registry/critical-habitat-reports/woodland-caribou-boreal-population-protected-2019.html


March 26, 2021


Climate Change

Greenhouse Gas Pollution Pricing Act

The AFN, based on direction from the Chiefs-in-Assembly, intervened in this case, as well as court cases in Saskatchewan, Ontario and Alberta, arguing the Government of Canada has a direct legal obligation to recognize Aboriginal and Treaty rights in any legislative efforts to address climate change.


March 25, 2021


Climate Change

Greenhouse Gas Pollution Pricing Act

Supreme Court finds that the Greenhouse Gas Pollution Pricing Act 2018 is constitutional.


March 25, 2021


Climate Change

Greenhouse Gas Pollution Pricing Act

Westaway Law Group – The majority judges noted that climate change “has had particularly serious effects on Indigenous peoples, threatening the ability of Indigenous communities in Canada to sustain themselves and maintain their traditional ways of life.” [para 11] They also acknowledged that, “the effects of climate change are and will continue to be experienced across Canada, with heightened impacts in the Canadian Arctic, coastal regions and Indigenous territories.” [para 12] These are important acknowledgements on the part of the Court, and no doubt had some impact on their assessment that the matters addressed in the GGPPA are matters of national concern.

Although the Court did not specifically make reference to s. 35 of the Constitution Act, 1982, as noted, the result is consistent with the evidence and arguments put forward on behalf of First Nation interveners.


October 20, 2020


Climate Change

Greenhouse Gas Pollution Pricing Act

Toronto Star – The Supreme Court of Canada (SCC) reserved judgement on whether the federal government’s Greenhouse Gas Pollution Pricing Act 2018 (GGPPA) is constitutional following hearings on September 22 and 23 with the United Chiefs and Councils of Mnidoo Mnising (UCCMM), along with the Anishinabek Nation (AN), granted intervener status.

The GGPPA sets minimum standards for carbon pricing on provinces that have not implemented an equivalent provincial program. The provinces argued that they should have control of greenhouse gas (GHG) policies while environmental advocates and other interveners asked the court to recognize the necessity of a national response to climate change.

“The UCCMM intervened in this case because climate change disproportionately affects First Nation communities, our traditional way of life and our ability to assert and exercise jurisdiction in relation to environmental issues that directly impact their lands and their people,” said Patsy Corbiere, UCCMM Tribal Chair. “As stewards of the largest freshwater island in the world we are ensuring that the courts take into account the Anishinabek perspective when determining if climate change is a matter of national concern. As the quality and quantity of our natural resources and medicines continue to diminish with the effects of climate change, it is vital that our voices be heard and our rights be respected.”

In the current appeal to SCC, the AN and UCCMM urged the court to “adopt an approach to the issues in this case which allows jurisdictional space for all levels of government: federal, provincial and Indigenous, in regulation of critical environmental matters.” Patricia Lawrence from Westaway Law Group, appearing on behalf of the AN and UCCMM, argued that “First Nations should not be left without effective redress as a result of federal-provincial jurisdictional disputes.

The Crown must be held accountable for the protection and preservation of the aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982. If the provinces are unable to effectively protect these rights, the federal government must be permitted to step in and enact legislation,” said Chief Corbiere.