April 13, 2005
LITTLE BUFFALO, ALBERTA – Lubicon Lake Indian Nation Chief Bernard Ominayak, along with Sierra Club of Canada Executive Director Elizabeth May and Greenpeace Executive Director Bruce Cox are asking Canadian Environment Minister Stephane Dion to order a federal panel review of Deep Well Oil and Gas’ Sawn Lake oil sands project under the Canadian Environmental Assessment Act. Deep Well Oil and Gas, Surge Global Energy, Welwyn Resources and Paradigm Oil and Gas plan to begin a massive oil sands project in the heart of Lubicon Traditional Territory in the next few months.
In a letter to the federal Environment Minister sent today, Chief Ominayak said "We believe that it is irresponsible to allow this development to proceed without first dealing with the unresolved jurisdictional issues regarding these lands and without an independent assessment of the environmental, social and economic impacts of this project."
"These are lands in which our people have hunted and trapped, gathered medicines and foods, been born, lived, died and been buried," Ominayak wrote. "These are Lubicon lands."
"The boom in oil sands development is happening largely under the radar screen of a full environmental review. These developments have serious health and environmental local impacts and erode Canada’s Kyoto targets. We support the Lubicon Lake Nation in its demand for a panel review," said Elizabeth May, Executive Director of Sierra Club of Canada.
"The federal government’s new Kyoto plan let big polluters off the hook for their fair share of greenhouse gas reductions. Allowing oil sand development without a panel environmental assessment is another example of the federal government kowtowing to big oil. Greenpeace supports the Lubicon’s demand for a full federal panel review" said Bruce Cox, Executive Director of the Greenpeace Canada.
The Lubicon Nation has been engaged in negotiations with both Canada and Alberta over the rights to the lands and resources in their Traditional Territory but federal negotiators say they lack a mandate to continue. Heavy oil exploitation projects have been linked to groundwater depletion and contamination in other areas. The companies plans up to 512 heavy oil wells in a 63 section area immediately adjacent to proposed Lubicon reserve lands.
For more information, please contact
Lubicon Lake Indian Nation
Tel: 780-629-3945
or Lubicon Advisor Fred Lennarson
Tel: 780-481-1150
Elizabeth May
Sierra Club of Canada
Tel: 613-241-4611
Bruce Cox
Greenpeace Canada
Tel: 416-597-8408 x3012
Lubicon Lake Indian Nation
P.O. Box 6731
Peace River AB T8S 1S5
The Hon. Stéphane Dion
Minister of the Environment
House of Commons
Ottawa, ON K1A 0A6
Dear M. Dion;
I am writing to you to request a full federal environmental assessment panel review of the Deep Well Oil and Gas heavy oil extraction project planned in the Sawn Lake area in North-Central Alberta. Sawn Lake is in the heart of the Lubicon Lake Indian Nation’s unceded Traditional Territory the rights to which are under negotiation with both levels of Canadian government.
The proponents of this project – Deep Well Oil and Gas, Surge Global Energy, Welwyn Resources, and Paradigm Oil and Gas – say that they plan to extract almost 820 million barrels of oil from Lubicon Traditional Territory through an initial group of up to 512 wells. Once they have extracted the approximately 8% of these oil sands which flow relatively freely through these conventional oil extraction methods, these companies plan to extract the remaining oil sands by applying large quantities of steam or hot water to the formation.
While some other companies have conducted conventional oil and gas exploitation activity in this part of our Traditional Territory in the recent past, this is the first time that a company has proposed to conduct a large-scale oil sands operation in the heart of our unceded Traditional Territory.
We have serious concerns about the environmental, social and economic impacts of this oil sands development on our lands and our communities. We believe that it is irresponsible to allow this development to proceed without first dealing with the unresolved jurisdictional issues regarding these lands and without an independent assessment of the environmental, social and economic impacts of this project.
We were told by officials at Alberta Environment that no environmental assessment is necessary for a project of this sort until the company builds an in situ plant on the site. That means that unless there is a federal environmental assessment of this project the companies will be able to drill up to 512 wells, build whatever roads and other surface infrastructure they require, and begin thermal recovery operations which pump up to four barrels of potable water into the ground for every one barrel of oil they get out – all without any independent assessment of the environmental, social and economic impacts of these activities on our lands and our people.
Instead, we are told, prior to beginning operations these companies will be required to obtain approvals from the Alberta Energy and Utilities Board which will take into account the company’s compliance with Alberta’s environmental regulations when granting licenses to drill wells.
We have had experience with the Alberta Energy and Utilities Board.
The Alberta Energy and Utilities Board will not assess the cumulative environmental, social and economic impacts of up to 512 wells and a huge thermal recovery operation on the lands and people in Lubicon Territory. The Alberta Energy and Utilities Board will not address the question of aboriginal title.
Instead, the Alberta Energy and Utilities Board will at best assess the company’s compliance with Alberta’s environmental regulations for each individual well the company asks to license. Each individual well will be approved, one at a time, despite the ongoing question of title to the area in question, and despite the potential effects it may have in conjunction with the other wells, pipelines and other facilities already licensed by the Alberta Energy and Utilities Board.
By the time the significant adverse effects of this large-scale oil sands operation approved piecemeal by the AEUB are readily apparent, the area will be so dramatically altered it will be too late. By the time Alberta Environment is asked to assess the impacts of any proposed in situ plant in this area, the baseline environment will have been forever changed and no meaningful assessment will be possible.
Further, even if the AEUB does consider the environmental impacts of this project, it is unlikely to impose restrictions on oil sands exploitation as a result. In the course of approving a hotly contested gas well being drilled directly underneath a lake from which the residents of Bonnyville, Alberta obtain drinking water, the AEUB outlined its philosophy of environmental protection:
Underlying almost all of the written and oral objections [of the residents of Bonnyville] was the view that the residents were not prepared to accept any risk, no matter how small, to the well-being of Moose Lake because of its importance as a source of drinking water and recreational activities. While the Board acknowledges this sincerely held position, it must weigh the benefits of oil and gas development in the public interest of all Albertans with the potential impacts to the residents and environment in the area.
You should also know that the companies proposing a massive oil sands development at Sawn Lake were so certain they would have no difficulty obtaining approval from the AEUB, they began clearing trees on their lease site and moving in a drilling rig before even applying to the AEUB for a license to drill a well in this area. That speaks to the seriousness with which these companies treat the AEUB approval process and its so-called environmental assessment.
The Lubicon people have serious concerns about the environmental effects of this project. We are concerned that it may contaminate the air, lands and waters in our area.
We are concerned that it may damage the fisheries in the nearby lakes – especially given that Deep Well has been given oil sands leases beneath almost all of Sawn Lake.
We are concerned about the use of large amounts of potable water for oil sands development. We are concerned that it may deplete the already stressed water systems in our area and damage underground reservoirs. We are concerned that, like at other oil sands developments, toxic contaminants may find their way into underground reservoirs. We are concerned about the unknown impacts of pumping large quantities of steam into the ground in this fragile boreal muskeg ecosystem.
We are concerned about the potential air borne pollutants emitted by the many wells, batteries, and trucks which will litter our lands.
We are concerned about the disposal of contaminated wastes such as drilling muds.
We are concerned about the effects of so much surface disturbance on the plants, small animals, birds and large game which are of critical importance for our people and for our culture and way of life. We are concerned about the roads, leases, pipelines and oilfield camps further fragmenting our forests.
We are concerned about the effect of this large-scale development on our future reserve lands and the Lubicon settlement situated in the area. And we are concerned about the effects unbridled resource exploitation will have on negotiations for a full and just settlement of our rights to these very lands and resources.
Lastly, we are concerned about the effects of increased oil sands exploitation on climate change. Oil sands development in Alberta is expected to add 60 additional megatonnes of CO2 emissions to Canada’s total by 2010. We do not understand how the Canadian government can commit to reducing CO2 emissions and yet allow developments like this to proceed without ever assessing their impacts on Canada’s Kyoto commitments.
As Canada’s Minister of the Environment, you are empowered under Section 48 of the Canadian Environmental Assessment Act (CEAA) to order an environmental assessment of a project if you are of the opinion "that the project may cause significant adverse environmental effects on lands … in respect of which Indians have interests."
Our people have interests in these lands.
These are lands in which our people have hunted and trapped, gathered medicines and foods, been born, lived, died and been buried. Our people harvest fish in Haig and Sawn Lakes. Our people have had a community at Haig Lake since as long as our Elders can remember. We hope to have a reserve recognized right next to where this proposed development is situated.
These are Lubicon lands. We have never ceded aboriginal title to these lands and resources in any legally-recognized way. The Lubicon Lake Indian Nation has never signed Treaty with Canada. These lands and resources are the subject of a long-standing land rights dispute between the Lubicon Nation and both levels of Canadian government. For many years now we have been attempting in good faith to negotiate a land rights settlement with Canada and Alberta which would resolve the question of title in this area. Until such time as the question of title is resolved, however, the Lubicon Nation retains unextinguished aboriginal title in this area.
Even while we attempt to negotiating the issue of land rights in good faith, the Alberta Provincial Government has sold leases to these companies to exploit the very lands and resources which are the subject of negotiations. They have never consulted with the Lubicon Nation about the issuance of oil sands leases on our unceded Traditional Territory.
Canada, for its part, has a fiduciary duty to the aboriginal people of the area to protect our interests. Our interests are now threatened by large-scale oil sands exploitation in the heart of our unceded Traditional Territory. We ask that, at minimum, Canada initiate a full panel review of this project under Section 48 of the CEAA before it is too late. In the alternative, we ask that you exercise your discretion to establish a federal panel review pursuant to section 28 of the CEAA if you determine that the project is triggered under section 5 of the CEAA.
We understand these companies intend to drill their first well at any time. They say they will complete the first well by July at the latest. We hope to hear from you as soon as possible.
Sincerely,
Bernard Ominayak,
Chief, Lubicon Lake Indian Nation
cc?Prime Minister Paul Martin
The Hon. Andy Scott, Minister of Indian Affairs
Robert Mills, Environment Critic, Conservative Party of Canada
Bernard Bigras, Environment Critic, Bloc Quebecois
Nathan Cullen, Environment Critic, New Democratic Party
Pat Martin, Aboriginal Affairs Critic, New Democratic Party
Bernard Cleary, Aboriginal Affairs Critic, Bloc Quebecois
Jim Prentice, Aboriginal Affairs Critic, Conservative Party of Canada
Dr. David Swann, Environment Critic, Liberal Party of Alberta
Ray Martin, Alberta New Democratic Party
Elizabeth May, Sierra Club of Canada
Greenpeace Canada
Dr. David Suzuki