FROM CARRIER SEKANI TRIBAL COUNCIL

March 24, 2005

The Right Honourable Paul Martin

Office of the Prime Minister
80 Wellington Street
Ottawa, Ontario
K1A 0A2

VIA POST AND FACSIMILE: 613-941-6900
 
Dear Prime Minister Martin,

Re: Honour of the Crown 

The Carrier Sekani Tribal Council (CSTC), which consists of eight member-Nations, is located in central British Columbia and our traditional territory encompasses 7.6 million hectares. Our membership, both status and non-status exceeds 12 000 members and our communities are currently involved in treaty negotiations with the British Columbia Treaty Commission process.      

I observe from a distance your Transformative Change Agenda and the Roundtable discussions that you chair with Aboriginal Peoples’ and hope that positive results are around the corner. This may be a positive sign.

In November 2004 our member Nations were optimistic that sweeping change would occur as a result of the Supreme Court of Canada decisions in Haida and Taku. No longer would Aboriginal Rights and Title need to be proven before governments had a duty to consult and accommodate our interests. The Crown would now listen to our concerns and negotiate with us before resource development occurred on our lands. Four months have passed and nothing has changed. 

Yesterday the Attorney General/Minister of Treaty Negotiations from British Columbia was quoted as saying, “"When I hear Guujaaw I think he's on a different planet,". Guujaaw is the respected leader of the Council of the Haida Nation who brought interests of all Aboriginal People’s forward to the highest court in this country. Where is the honor of the Crown in statements such as the Attorney General of British Columbia?  The Haida, Carrier, Sekani, and all First Nations are under siege from government bureaucrats and some ministers that fail to uphold the legal principles directed by of the Supreme Court of Canada. 

I ask you to personally step in and assist our process in BC. These issues are complex and will require someone of your stature to truly uphold the Honor of the Crown in its dealings with First Nations. 

We are asking for you to intervene at this point because the province of British Columbia, while being vested with the authority of the Crown to deal with lands and resources under the Canadian Constitution, continues to divest itself of any responsibility to meaningfully involve our Nations in resource management decision making. Through a systematic legislative overhaul, the provincial government is granting industry increasing and unprecedented power and resources to control our land, while denying that First Nations consent is fundamental to good decision making.

Here is a list of some of the immediate issues that are of concern to the Carrier and Sekani People where there has been inadequate consultation and accommodation: 

1. Kemess North Mine Proposal by Northgate Minerals Inc. Northgate proposes to open a new pit, five kilometers from their existing mine and to dump their waste rock and tailings into a six-kilometer long fish-bearing lake. This water body, known as Amazay Lake, has been used by the Sustu’dene People (including the Takla Lake First Nation) for countless generations and First Nations refuse to allow the waste to be deposited. Northgate states the lake is the only economically viable option and concedes that dumping the waste rock and tailings into the will kill this aquatic ecosystem. 

2. 14 million cubic meter Non Replaceable Forest License. The Ministry of Forests in Vanderhoof awarded this license to Ainsworth Lumber Co. Ltd. on Friday, March 11th. The company has committed to build a $200 million dollar oriented strand board plant and purchase Crown land for this facility.  Four First Nations (Nadleh Whut’en, Nak’azdli, Saik’uz, and Stellat’en) within the Carrier Sekani Tribal Council territory have objected to this project unless consultation and accommodation occurs.

3. Canfor acquisition of Slocan Forest Products Ltd. in late 2003 and the subsequent decision of the Federal Competition Bureau to sell the Canfor mill and license in Ft. St. James. The Carrier Sekani Tribal Council has sent numerous letters to the Province and the Federal Competition Bureau to consult and accommodate their interests. All Carrier Sekani Tribal Council nations are impacted by this sale.

4. West Fraser acquisition of Weldwood Inc. in 2004 and the subsequent decision of the Federal Competition Bureau to sell the Weldwood mill in Burns Lake. The Carrier Sekani Tribal Council have sent numerous letters to the Province and the Federal Competition Bureau to consult and accommodate their member-Nations’ interests. Wet’suwet’en First Nation, Burns Lake Band, Nadleh Whut’en First Nation and Stellat’en First Nation are all impacted by this sale.

5. Teck Cominco tailings dam failure.  December 2004 break in a tailings dam that contained high concentrations of mercury from a previously closed mine. Teck Cominco Inc. has accepted full responsibility for this spill but has yet to include the communities of Tl’azt’en and Nak’azdli in the decision making process. First Nations seek to address the long-term impacts on human health, water quality, and fish before any further mining occurs within the territory.

6.  Stewart-Omenica Resource Road (SORR).  There are only two sections

(approximately 40 km in total) to link existing logging roads from the town of Stewart (on the north coast) to the Kemess North mine. The Takla Lake First Nation along with other First Nations objects to this road and there has been no consultation and accommodation of their concerns.  This road will open the area known as the Toodoogone to resource extraction and pressures to hunting and fishing. 

7. Mount Milligan Mine gold and copper mine. Placer Dome proposes to develop a gold and copper mine in the Nak’azdli territory. Nak’azdli seeks consultation and accommodation of their Aboriginal rights and title.

In the past First Nations met Europeans with respect and provided for you in times of need. I look forward to your response and cooperation.

Respectfully,

Carrier Sekani Tribal Council

Harry Pierre
Tribal Chief