The Chippewas of Kettle &…

The Chippewas of Kettle & Stony Point First Nation (“KSP”) want to ensure that the proposal for a regulatory framework for commercial-scale geologic carbon storage has significant consultation with and accommodation of First Nation concerns, especially those of KSP.
KSP has embedded and deep connections with its homelands and have been using them to survive and thrive for many years. KSP asserts a right to continuing its way of life on its homeland territory. This right includes the right to steward the land to ensure such way of life may survive. KSP territory has been so significantly taken up, developed, industrialized and damaged already, without KSP consent, that cumulative effects have clearly surpassed the point where survival of KSP’s way of life can be assured should more development occur. Any further development or land use in our territory thus requires our free, prior and informed consent.
At this stage, the proposal is quite broad and undefined. Nonetheless, KSP and other First Nation’s must be involved and consulted to the highest degree as it relates to this proposal. Aspects of the proposals such as the notification and engagement process and the process for obtaining pore and surface rights are of critical importance. KSP should have a priority say in developing these components of the regime. As of now, the notification, engagement and consultation process are flawed for projects generally impacting First Nation’s rights and interests. In addition, the discussion around pore and surface rights directly impacts Indigenous communities’ interests related to land claim settlements, additions to reserve negotiations and other land transfer related practices.
Given the proposal that many of these sites for geologic carbon storage could occur under the waters of Lake Erie and Lake Huron, Ontario MUST ensure that proper studies are undertaken to consider the environmental implications of the proposal. These required studies MUST include studies led by First Nation’s and the inclusion of Indigenous traditional knowledge. These studies should be funded by Ontario, as it holds the ultimate constitutional duty to First Nations. The process for development of a regulatory framework should involve a significant number of information sessions and discussions by Ontario, with First Nation’s such as KSP, to clearly outline what is being proposed as well as what the benefits and risks are, so that KSP can raise its concerns and ideas. Posting a discussion paper is not enough in this regard.
As noted, KSP has a deep connection with its homelands. This includes the water, which is at the center of everything KSP and all humans do. The water must be protected and any potential risk to that water must be studied and critiqued in all possible ways, with significant involvement of KSP.
The process for site selection requires a significant degree of participation of KSP and First Nation’s communities. Where proposed site selection is to occur within the traditional territory of a First Nation such as KSP, the free, prior and informed consent of the Nation should be a requirement. First Nation’s traditional homelands in southwestern Ontario have been so significantly taken up and developed and any additional use requires the consent of KSP.