Canada Rejects Proposal for Federal Intervention on Polluted Transboundary Watershed & More News Here

For the previous decade, a coalition of tribal governments has pressed the U.S. and Canadian governments for federal intervention on the river-braided boundary between British Columbia and Montana, the place rising ranges of the mining byproduct selenium has contaminated the water high quality, fish species and different aquatic life within the Kootenai River Basin and Lake Koocanusa.

In a deluge of letters since 2012, tribal stakeholders on each side of the border, together with the Ktunaxa Nation Council (KNC), the Confederated Salish and Kootenai Tribes (CSKT) and the Kootenai Tribes of Idaho (KTOI), have articulated their considerations to prime authorities officers with Global Affairs Canada (GAC) and the U.S. Department of State, requesting the experience and institutional independence of the International Joint Commission (IJC) to assist dealer options for lowering air pollution all through the worldwide watershed. When the IJC receives a authorities request, referred to as a reference, it appoints a board with equal numbers of specialists from every nation.

Given the years-long binational engagement course of, in addition to indications {that a} reference was forthcoming, First Nation leaders stated they had been “stunned” to study late final month by way of e-mail that GAC “had unilaterally decided to reject the reference proposal.”

“We write … to express our outrage at the recent decision by Global Affairs Canada to reject the proposed reference to the International Joint Commission regarding pollution of the transboundary Kootenay/Kootenai River,” in accordance with a May 6 letter from the Ktunaxa Nation to the Ministers of Foreign Affairs and Environment and Climate Change Canada, which the Beacon obtained. “This decision, taken without any meaningful discussion with Ktunaxa or consideration of our Indigenous title, rights, and decision-making authority, is an insult to our Nation and a black mark on Canada’s record of reconciliation with Indigenous peoples.”

The letter, which was additionally distributed to tribal leaders with CSKT and KTOI, in addition to quite a few different prime authorities businesses in Canada and the U.S., outlines a good-faith course of that apparently remained on observe by way of January 2022, when GAC suggested that it “intended to engage with our Nation regarding the proposed IJC reference,” the letter states.

The IJC was established by the Boundary Waters Treaty for the specific function of addressing worldwide points associated to transboundary air pollution. In this case, a reference would appoint an impartial physique to offer mediation to the State Department and GAC to resolve the stalemate over mining pollution spilling throughout the border.

The renewed urgency for an IJC reference comes as Canada’s largest diversified mining firm, Teck Resources Limited, lays plans to increase its footprint by constructing new mines alongside the border with out a examined technique in place to deal with the chemical-laden flows, regardless of having incurred in March 2021 a $60 million effective meted out by federal prosecutors with Environment and Climate Change Canada (ECCC) for depositing deleterious substances into the Elk River, which feeds the transboundary Kootenai River that flows by way of Montana and Idaho. Rising ranges of selenium had been first recognized within the Elk River within the early Nineties and in 1998 the Elk Valley Selenium Task Force was shaped to analyze selenium air pollution. More than 20 years later, selenium ranges proceed to rise and have elevated greater than 500% prior to now 30 years.

KNC in addition to its sister tribes in Montana and Idaho have persistently advocated for IJC intervention since initially petitioning the governments in October 2012, describing it as the perfect plan of action to resolve the dispute.

However, negotiations between KNC and GAC started to stall in April, in accordance with the letter, regardless of assurances from GAC {that a} draft proposal was being developed.

“We reminded your staff of Canada’s obligations to Indigenous peoples, including Canada’s obligation to act consistent with the UN Declaration [of Human Rights] and our desire to develop a joint reference,” the letter from KNC states. “As the meetings progressed, we were informed that GAC was developing a ‘concept paper’ to support a joint reference. We confirmed our commitment to working with GAC in a collaborative, consent-based manner, consistent with the UN Declaration, to develop that paper, and repeatedly asked GAC to provide us with drafts so that we could provide our input.”

The leaders of the First Nation governments describe how their “early optimism swiftly faded” once they discovered that GAC was not ready to share the idea paper with the tribes, however had in reality shared it with the British Columbia provincial authorities, which has oversight over the mining exercise accountable for the polluted waterways. “We were assured by GAC’s representative that the draft concept paper to initiate an IJC reference was being reviewed by the highest levels of Canadian government and would be shared in the coming weeks. GAC staff emphasized that the concept paper would be the basis for meaningful engagement with the Ktunaxa,” the letter states.

“It therefore came as a slap in the face to our Nation and leadership to receive an email … informing us that GAC had unilaterally decided to reject the reference proposal,” it continues. “We are stunned that Canada can, in this day of reconciliation and public vows by the Prime Minister to fully implement the UN Declaration, commit such a disrespectful act. This behaviour displays blatant disregard for Canada’s legal duties to our Nation, as well as disrespect for our Nation’s decision-making and governance authority. GAC refused to share critically important information with us, while allowing B.C. direct access to Federal decision-makers to influence this decision in a manner directly prejudicial to our title and rights. This is a clear breach of the Federal government’s duty to consult. It is also an unfortunate example of high-handed, unilateral Federal conduct taken without any regard for Indigenous peoples. The manner of communicating this decision via an email from staff is also deeply disrespectful.”

GAC officers on May 12 stated they would offer a remark to the Beacon concerning the choice to reject the IJC reference by the tip of the enterprise day on Friday, May 13. A GAC spokesperson requested the Beacon lengthen its deadline for this story, to which the Beacon agreed. However, the officers nonetheless had not supplied the response as of Friday night, writing in an e-mail that, “Unfortunately, it won’t be possible to provide you with an answer tonight, but we hope to get back to you as soon as possible.”

Erin Sexton, a University of Montana biologist that represents the CSKT and its companions within the bilateral negotiations, stated information of GAC’s rejection of an IJC reference is disappointing and the style wherein it was communicated “offensive;” nonetheless, it doesn’t imply that IJC involvement isn’t the suitable subsequent step.

“An IJC reference merely provides a roundtable where all of the impacted governments can review the impairments to the watershed and review the existing science while an objective entity oversees the process,” Sexton stated. “The IJC should have been engaged in this a long time ago. Helping solve the ongoing degradation of the transboundary Kootenai River Basin is precisely why the IJC exists. We have numerous governments sharing this watershed and the way the IJC is structured, with six commissioners appointed by both countries, is a perfect model for this.”

KNC leaders stated they would offer extra data on the response from GAC on May 16, however didn’t intend to again off their push for an IJC reference.

“Ministers, we do not accept this outcome. This decision has trampled on our rights and disrespected our Nation,” the letter concludes. “We call on you to direct your staff to reverse this decision, and recommit to consent-based engagement on a joint IJC reference, consistent with the UN Declaration. No other option will restore the integrity of this process and fulfill the honour of the Crown. If you refuse to do so, we will continue to pursue this issue, with or without Canada’s involvement, including looking at all available options. We look forward to your timely response.”

For its half, Montana not too long ago took steps to handle the selenium downside by adopting its personal site-specific water high quality commonplace for selenium on the border, a protecting worth crafted by way of years of scientific work to safeguard fish species in Lake Koocanusa and the Kootenai River. Despite selenium ranges exceeding the usual, B.C. continues to contemplate proposals for new mines and mine expansions, whereas Teck Resources has filed a petition with the Montana Board of Environmental Review to weaken the usual, arguing it’s inconsistent with the federal pointers.

Last 12 months, Montana’s U.S. Sen. Jon Tester started ramping up strain on the U.S. State Department, describing his environmental considerations in grave phrases and requesting an instantaneous referral to the impartial fee charged with resolving cross-border environmental conflicts. In a strongly worded letter to Secretary of State Anthony Blinken, in addition to throughout a listening to with U.S. Environmental Protection Agency (EPA) Administrator Michael Regan, Tester pressed the highest officers for a reference to the International Joint Commission (IJC) and for the State Department to interact with the Canadian authorities and the IJC “to resolve this critical transboundary water quality issue.”

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