The wide-ranging bills, passed into law in June and December 2012, removed federal environmental oversight on most of the lakes, streams and rivers in the Mikisew Cree traditional territory in northeastern Alberta.
On Friday, Federal Court Justice Roger Hughes ruled the Harper Government erred when it failed to consult with the Mikisew Cree before introducing the changes to parliament since those changes will clearly affect their right to use their traditional territory.
But Hughes specifically did not grant an injunction against the laws since the scope would be almost impossible to define and would place “an undue fetter” on the government.
Courtoreille said the Mikisew Cree will hold the government to account. When a project is proposed that will affect the steams and fish habitat on its land, the First Nation will demand Ottawa monitor and protect that waterway anyway.
“We’re not backing down. If we have to take drastic steps, we will. This is too important for us,” said Courtoreille, whose First Nation has successfully taken Ottawa to court several times before.
“We do not recognize the new legislation. How can we recognize what we haven’t been consulted on?” he said. “(The federal government) will have to find a way to navigate that. We will protect our interest. We will protect our environment.”
The omnibus bills, C-38 and C-45, made a series of amendments to the Fisheries Act, Species at Risk Act, Navigable Waters Protection Act and Canadian Environmental Assessment Act among many others.
Under the old Navigable Waters Protection Act, any project affecting a waterway large enough to carry a canoe was subject to federal review. Under the new Navigation Protection Act, only the Athabasca and Peace rivers are protected in Mikisew Cree territory. Changes to the Fisheries Act mean the act now only protects fish, not fish habitat.
Canada needs to take a long view and protect fish habitat, even if that slows down development in the oil industry, said Courtoreille.
“Once the oil is gone, what are they going after? If all the fish are gone, there’s no fishing industry,” he said.
At the time, opposition members and many with the Idle No More movement objected to the speed at which the Conservatives pushed through the legislation.
Courtoreille called Friday’s win a victory for all Canadians as it will slow down the process and force the government to consult on important legislative changes.
“You can’t just ram these bills through and think that everything is going to be OK. It’s pretty sad when you have a government you can’t trust,” he said.
The Journal was unable to reach anyone from any of the responsible federal government departments on Saturday. The government has 30 days to appeal the decision.
Original Article
Source: edmontonjournal.com/
Author: ELISE STOLTE
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