The Impact of Resource Extraction on Inuit Women and Families in Nunavut

A Report for the Canadian Women’s Foundation was released in January 2014, outlining the impact that resource extraction is having on the Inuit women and families living in Qamani’tuaq, Nunavut. The report contains a literature review and qualitative data as well as a series of recommendations based on the collected data. While much anecdotal information is available about the impact that the extractive industry is having on indigenous peoples around the world, it is nice to see some data that can be used to support anecdotal accounts.

The full report is available here.

The research looked at the following areas:

  • The Work Environment (including issues like sexual harassment and employment opportunities)
  • Material Well-Being/Income
  • Family Relations
  • Addictions
  • Socio-Cultural Concerns

A few excerpts from the report:

Mining is one of the oldest occupations on the planet. It is an industry whose activities, especially in the case of open-pit mining, are very visual. The impacts of these modifications to the landscape also introduce serious environmental risks. It is therefore not surprising that since the early 1970s, a wealth of literature on the topic of mining, extraction industries and sustainable development has been produced. There are far fewer sources that specifically cover the social and gendered impacts of mining—even less that focus explicitly on Indigenous people. Very little material is Inuit-specific. . . .

There is very little evidence in the literature on Indigenous peoples and mining that identifies resource extraction that has been done with thoughtful consultation, support and that has contributed fairly to nearby communities, with little impact on the land, water and people.1

Despite some benefits and exemplary cases,2,3 the majority of sources cite people’s dissatisfaction with the mining process; from discussion, planning, implementation, monitoring, evaluation, to the closure of mines.4,10 The imposition of economic and political structures, Western values and beliefs, displacement, dispossession of lives and culture at considerable social costs are all cornerstones of what many authors describe, in reference to mining and Indigenous peoples, as capitalist and colonial relations.5, 6 Many authors make reference to complicity between the State and extractive industries.1, 10 Although people are identified as having greater access to some degree of income security, the benefits of mining projects are not distributed equally between industry and the people directly affected. 7, 8, 9 Mining projects in the Canadian North have become part of a social and political attitude that can be described as ‘new frontierism’,10 where a great expanse of land and resources are waiting to be discovered and profited from, the benefits of which will ‘trickle down’ to those framed as ‘tragically destitute’. The “anxious”3 arguments for territorial and extractive expansion are reminiscent of a very familiar paternal discourse that associates the Canadian Arctic with Canadian identity and opportunity, in a rhetoric that often leaves out Inuit altogether. ‘The north serves, primarily, “our”—easily understood to mean southern Canadian—interests and aspirations.11 . . . .

The Canadian economy has been, historically, and continues to be focused on resource extraction and development. These activities cannot be viewed without attention to environmental, historical, political, economic and social interconnections. Resource extraction has, and continues to generate considerable controversy and debate among Canadians. Over the past year Canadians have seen 2.5 million rivers and lakes protected by the Navigable Waters Protection Act drop to only 160 with the passing of Omnibus Bill C-45. Proposals for the twinning and expansion of pipelines for the transportation of crude oil across the continent have been moving forward in the presence of oil spills in Alberta and British Columbia and the Lac-Mégantic explosion in Québec. The Alberta tar sands are seen by many to contribute to greenhouse gas emissions and thus global warming; a concern with regard to the environmental and social consequences for Arctic Canada. These developments generate controversy, with some politicians, business people, economists and members of the public focusing on the economic advantages – the contribution of oil sands development to employment and the Canadian economy. The Canadian economy is heavily reliant on the export of resources. In 2010, the energy, forest, agriculture and mining sectors accounted for 60.8% of the country’s exports. Total exports accounted for about 30% the country’s GDP.13 Internationally, countries struggling with poverty increasingly see the export of their mineral wealth as a means for lifting themselves out of poverty and as a way of participating in a globalized capitalist economy.14, 15 Since World War II mining has played an increasingly important critical role in fueling capitalist growth and expansion.14, 16, 17

A growing concern in all economies—increasingly in western European as well as ‘south’ countries—is growing economic inequality and the long-term implications for social well-being and the functioning of civil society. Cheap labour facilitates the accumulation of capital for development.18 The role of resource development in the creation of unequal outcomes and the dispossession of some to the advantage of others is an international concern related to mining and resource development.12 Colonial expansion—internationally—has strong ties to the history of the development of gold and other minerals.19 The history of gold mining—including its recent history—is full of intrigue and controversy. Naylor provides a trenchant portrayal of the recent history of international gold mining, including attention to the technology and environmental implications of the chemicals and processes used to extract gold from ore, and the impact of gold mining on Indigenous peoples.20 Internationally, gold mining continues to generate considerable opposition from Indigenous peoples whose traditional lands – from Papua New Guinea, to Latin America, Australia and Canada—continue to be subject to considerable pressure from the ebb and flow of international desires for ‘glamorous gold’.16

At the same time, there are individuals in the mining industry and companies that are clearly attempting to ‘do things differently’. This is not always possible as mining companies, heavily dependent upon investment and sensitive—as are all corporations—to their share price on Canadian and international stock exchanges, must still live with attention to the ‘bottom line’. Depending on the values, orientation and pressures acting on those responsible for decision- making, the promises made in an impact benefit agreement may get compromised, environmental protection, in an attempt to save money and remain competitive, may be compromised. The pressures operating on management decisions in the mining industry are many. The literature dealing with the social and environmental impacts of mining is overwhelmingly concerned with these realities.

The history of the relationship of Canadians to the Arctic pre-dates confederation and the transfer of lands and resources under the control of the Hudson’s Bay Company and the Arctic islands under the control of Great Britain to the newly formed Canadian state. The colonization of northern lands, peoples and resources proceeds in a fashion that paralleling settlement of eastern and then later, western Canada. Displacement is literally and symbolically critical to capitalist expansion and colonial initiatives.10, 12, 21, 22 Incorporating colonial subjects into developing economies has been a concern related to colonial expansion since the early 1800s. In the Canadian Arctic, Inuit were first employed in the whaling industry. With its collapse just before the First World War, they were integrated into the fox fur trade of the Hudson’s Bay Company. The collapse of the fur trade following the Second World War introduced a period of welfarism with Inuit increasingly dependent for sustenance and survival on the newly-developed liberal welfare state. It was a period where Inuit struggled with an epidemic of tuberculosis, the residential and day schooling of Inuit children, a move from hunting camps to consolidated settlements and, in general, phenomenal social, cultural and economic change. 23

These events had devastating and long-lasting impacts on people’s livelihoods, cultural vitality, self-esteem and both physical and mental health.18, 23 Increasingly, efforts were made to integrate Inuit with the Canadian industrial economy, commencing with employment at the North Rankin Nickel Mine operating on the west coast of Hudson Bay from 1957 to 1962 and the construction of the Distant Early Warning (D.E.W.) Line (1956-57). These efforts are also evident in the development of Nanisivik, a lead-zinc mine developed near the Inuit community of Arctic Bay on the northern tip of Baffin Island. Planning commenced in the early 1970s and the mine operated from 1978 until 2002. It employed around 200 people from neighbouring communities and, along with the Polaris Mine operating on Little Cornwallis Island in the high Arctic, introduced many Inuit to wage employment for the first time.24 Studies have revealed that the long-term or sustainable benefits of these projects for Inuit were few—if any.24 They neither benefited from the infrastructure associated with the mines, nor were investments made in alternative income-generating activities that would sustain Inuit families after the mines were shut down.

Canadian Federal Court of Appeal affirms that 400,000 Métis have Indian status

In a historic decision, Canada’s Federal Court of Appeal today affirmed a 2013 Federal Court ruling that Métis are “Indians” under section 91(24) of the Constitution Act, 1867.  The decision impacts approximately 350,00 – 400,000 Métis in Canada.  The court did not include non-status Indians in the decision, opting instead to decide Indian status for these groups on a case-by-case basis.

From CBC News:  “[The Daniels decision] could be one of the most significant cases dealing with aboriginal peoples in Canadian history,” said University of Ottawa law professor Larry Chartrand in an interview with CBC News. “It has the potential of completely changing the landscape of aboriginal-Canadian relations.”

News reports are here and here.

A copy of the Daniels decision is here.

In a statement posted here, President Clément Chartier of the Métis National Council stated that “I applaud today’s decision of the Federal Court of Appeal in the Daniels case. It reinforces our longstanding position that the federal government has constitutional responsibility to deal with the Métis.”

 

Supreme Court of Canada Aboriginal Law Stats

Here are the updated stats for the Supreme Court of Canada’s rulings in Aboriginal law cases since the patriation of the Constitution in 1982.  There have been some big changes since the last update a few years ago – Justices Binnie (14/33 – 42.4% in favor of Aboriginal interests), Charron (6/19 – 31.5%), and Deschamps (7/23 – 30.4) have left and Justices Moldaver (0/2 – 0%), Karakatsanis (0/2 – 0%) and Wagner (0/1 – 0%) are not off to a very auspicious start since coming on board.

Overall, as the court sits today, the Justices have collectively found in favor of Aboriginal interests only 30.7% of the time.  Here’s the breakdown by individual Justice – McLachlin: 35.1% (19/54); LeBel: 23% (6/26); Fish: 36.3% (8/22); Abella: 35% (7/20); Rothstein: 25% (4/16); Cromwell: 30% (3/10); Moldaver: 0% (0/2); Karakatsanis: 0% (0/2); and Wagner: 0% (0/1).

Supreme Court of Canada’s Aboriginal Law Stats

New Reports on Energy Resource Development and First Nations Communities in Canada

Anyone who has been watching the news out of Canada is aware that numerous clashes have occurred between First Nations communities and various energy development companies. H/T to a post by First Peoples Worldwide for providing links to two reports released in December 2013 that are specifically about First Nations and resource extraction.

Report one was produced by The Charrette on Energy, Environment and Aboriginal Issues, comprised of a group of 21 leaders from First Nations, the extractive industry, the financial industry, environmental groups, and the Canadian government. The report begins with this quote:

We believe that the responsible development of our energy resources presents a substantial opportunity for Canada; however, virtually all proposed energy resource developments are mired in conflict which threatens that opportunity. We sense a growing frustration with this situation among industry, Aboriginal peoples, the environmental community and Canadians at large. We believe that we are all here to stay and it is imperative that we identify and build on the common ground that exists among us — or the current and future benefits that accrue to Canadians from all forms of energy resource development will be at risk.

Our desire is to change the substance, nature and tone of debates over energy resource development in Canada. We are inspired by the increasing number of innovative approaches being employed across Canada to avert or resolve conflicts or share benefits. Many of these are created outside of the regulatory process by people of goodwill who are trying to secure mutual benefits from energy resource development. It is these types of initiatives which we hope will define the future of energy resource development in Canada.

The report goes on to lay out some of the interests of industry, aboriginal peoples, and environmentalists and proposes some ways to reconcile these varied interests.

Report two was produced by The Fraser Institute. The executive summary of this report says:

It has been estimated that, over the next decade, more than 600 major resource projects, worth approximately $650 billion, are planned for Canada, and First Nations communities have a unique opportunity to benefit from these developments. As this study demonstrates, every oil and gas project currently proposed in western Canada implicates at least one First Nations community, giving them an opportunity to increase employment and eco- nomic prosperity through collaboration in energy development. . . .

Current unemployment rates in First Nations communities suggest that this group has much to gain from development in the energy sector. While the national unemployment rate is 7.1 percent, the unemployment rate for First Nations reserves is a staggering 23 percent. Unemployment rates are particu- larly high (20 percent to over 42 percent) in First Nations communities that are located in areas identified for oil and gas development.

The unique combination of population density in remote, resource-rich areas, a growing and young population, and a high level of unemployment places the First Nations in a unique position to benefit from energy develop- ment in Canada.

The report then goes on to document the geographic locations of First Nations communities close to proposed extractive development projects, unemployment rates, median ages within First Nations communities and the opportunities that this group believes energy resource development projects will bring to the communities.

These reports are important reading for anyone wanting to understand the current conversations going on within Canada regarding energy resource development and First Nations/Aboriginal communities. Like their conclusions or hate them, it is clear that industry and governmental leaders alike are recognizing that extractive industry development cannot move forward without more attention paid to the wishes and needs of these communities.

A question often comes to mind when reading about this issue – what happens if after all of the consultations and discussions and attempts to come to a compromise, a community still says no? What if it doesn’t care about the monetary benefits that may arise and it refuses to give consent under any circumstances? Is a community really free to withhold consent or only to determine some of the conditions under which it gives consent?

Arctic Law Symposium Articles Available Online

Articles from the 2013 Arctic Law Symposium held at Michigan State University College of Law have been published in the Michigan State International Law Review. Included in this volume are several articles specifically addressing how Indigenous peoples may be impacted by the current changes and developments in the region including:

Closing the Citizenship Gap in Canada’s North: Indigenous Rights, Arctic Sovereignty, and Devolution in Nunavut
Tony Penikett and Adam Goldenberg

Risk, Rights and Responsibility: Navigating Corporate Responsibility and Indigenous Rights in Greenlandic Extractive Industry Development
Rutherford Hubbard

Legal Questions Regarding Mineral Exploration and Exploitation in Indigenous Areas
Susann Funderud Skogvang

Permanent Sovereignty over Natural Resources from a Human Rights Perspective: Natural Resources Exploitation and Indigenous Peoples’ Rights in the Arctic
Dorothée Cambou and Stefaan Smis

Climate Change, Indigenous Peoples and the Arctic: The Changing Horizon of International Law
Sumudu Atapattu

Link to the the full issue here.

Link to previous coverage here.

CBC Article on Residential School Case with Court Documents

Here.

St. Anne’s Residential School survivors are before the Ontario Superior Court today in a bid to get the federal government to release documents the former students say would help corroborate their claims of abuse.

The documents they want are from a five-year Ontario Provincial Police investigation in the 1990s, as well as files from the subsequent trials that resulted in several convictions against school staff and supervisors.

Documents in Penn West v. Ominayak, et al

The ex parte application for injunction here. Hearing on the application is this afternoon.

Affidavit of a general manager of Penn West, with supporting documentation (PDF, 100+ pages).

Thanks to and via @LandOccupations

SWN’s Application for Injuction in SWN Resources Canada v. Jerome et al

Here.

Original 10/4/13 Decision 2013nbqb328

Extension of original injunction, 10/16/13 2013nbqb342

Dismissal of original injunction, 10/21/13 2013nbqb346

Application for Injunction and Denial of Injunction in Elsipogtog First Nation v. Attorney General of NB et al

Application here.

Denial here.

Tsilhqot’in Nation Aboriginal Rights Case in Canada Supreme Court Today — William v. R.

Here are the materials.

Briefs/factums here.

News coverage here.