Treaty 3 claims hydroelectric plans impact rights, interests

Grand Council Treaty 3 is challenging the development of a Hydroelectric Contract Initiative (HCI) and sale of five hydroelectric generation plants in their territory without Aboriginal consultation.
Treaty 3 filed an application for judicial review Sept. 1 in the Ontario Court of Justice Divisional Court over the alleged actions of Ontario’s Minister of Energy and the Ontario Power Authority (OPA). The application claims the minister directed the OPA to develop and implement the HCI and questions the OPA for entering into a contract with ACH Limited Partnership for five existing hydroelectric generation facilities. The facilities are located at Calm Lake, Sturgeon Falls, Fort Frances, Kenora, and Norman and were owned at the time by Abitibi Bowater and the Caisse de depot et placement du Quebec.
“We are very concerned that the minister of Energy and the OPA intervened on behalf of the Abitibi dams to cause new impacts to our rights and interests,” said Ogichidaakwe Diane Kelly of Treaty 3. “The government action should not have occurred without consulting us. The HCI contract set the stage for new ownership and new impacts from these dams.”
Abitibi Bowater and the Caisse de depot et placement du Quebec had previously owned ACH Limited Partnership, but they sold their stock in the company in May to BluEarth Renewables Inc., a Calgary-based company.
Treaty 3 is concerned the HCI could lead to new and potentially increasing damages from flooding on Lake Sturgeon and to wild rice, a traditional staple of the Anishinabe culture.
“We believe we should have been consulted, one, at the beginning of the development of this HCI program, and two, when it comes to the sale because of the potential increase (in damages),” Kelly said. “Wild rice has always been a huge part of our livelihood prior to Canada being a country and Ontario being a province and those harvesting rights are guaranteed in the treaty. We feel that our rights have been overlooked.”
Kelly initiated the judicial review along with Ochiichagwe’babigo’ining Chief Lorraine Cobiness, Mitaanjigamiing Chief Janice Henderson, Northwest Angle #33 Chief Kimberley Sandy-Kasprick and Seine River Chief Earl Klyne on behalf of all members of the Anishinaabe Nation.
“The province and the OPA were aware of the Anishinaabe Nation’s Aboriginal and treaty rights,” Kelly said. “They also knew that operations of the ACH generating stations and related dams had caused damage. It was reasonable to expect that terms of the HCI agreements would lead to new and potentially increased damages, such as more deleterious flooding related impacts on Lake Sturgeon and on a traditional staple of the Anishinaabe culture, manomin (wild rice).”
Henderson said the impact of dam operations and expansion on wild rice harvesting, fishing and trapping is of significant importance to the Anishinaabe Nation in Treaty 3.
“We feel we are at a crucial period in our history and must stand up and protect our rights, claims and interests to govern, manage and ensure the sustainability of the traditional practice of ricing within all Treaty 3 communities,” Henderson said. “Especially, within the Lake of the Woods and Rainy Lake watersheds.”
Klyne also brought up the issue of high electricity rates in Treaty 3 communities.
“Treaty 3 communities have become more and more difficult to administer and manage, in part because of the expense of home heating and electricity,” Klyne said. “This situation exists despite there being large hydro-electric generating dams within Treaty 3 territory.”
Once the judicial review was filed, Treaty 3 has 30 days to file all their evidence related to the issue.
Kelly said Ontario has an obligation to respond. A hearing and decision would likely be made within eight months of the Sept. 1 filing date.