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Protecting Treaty 9 Lands and Waters

A Case Study of Indigenous-led Climate Action through Treaty Promises

[Click to see in English] 釔︶悐釕曖摨釗-釖夅悆釖メ攨 釔敤 釗冡憱釗傖挕 釔娽搨釕屷惁 釔欋惛釗呩憱釕 釔娽釕屷惁釔佱晢釘︶悿 釕 釔勧惁釕曖懀釔 釖 釔娽拫釘メ憱釔娽惛釘メ憱釔嗎挕 釔敪釖 釔娽搨釘 ] 釖悊釖 釔佱惁 釖︶敨 釔嬦惛釕曖搩釖 釔嗎憰釔 釔娽攨釖屷挕 釔佱悙 釖メ敨釗堘懖釕曖懖釗呩挕 釔娽攨釖 釗釘メ憰 釔佱惁 釖メ敾釕册挜釕曖懖釗呩挕 釗傖惒 釕册敠釔 釖摨釔屷惁 釖夅惁釖釗 釔佱惁 釔娽敨釘ㄡ挭釕挕 釔娽搻釕屷惁 釔娽攨釖屷挕 釖夅拰 釖メ敨釔羔悙釖 釔佱惁釔 釔娽憰釘メ憣釘ㄡ憰釖メ拕 釔冡敤釘 釔勧惁釕愥悗釗愥櫘 釔 釗堘敟釖 釔佱惁 釔娽拫釔︶悐釔羔悙釖 釔佱惁 釔嬦惁釖嬦惛釔愥挕 釔娽攨釖 釔娽搻釕屷惁 釔勧敤釘挕 釔佱悇釘 釔愥憰釖釖 ‘釖攨釖夅拕’ 釕册敠釔 釔娽搨釕屷惁 釔勧敟 釗呩拫釖︶惁釖 釔佱惁 釔愥拫釕a悿 釔嗎挜釘メ懌釔︶拃釔 釔勧敤釘挕 釗傖惒釔嗎悇釘ㄡ敨釖 釔佱悇釘 釔娽拫釘呩拤釘ㄡ挮釕册搮釕a悿 釕册敠釔︶櫘 釔嗎攨釕屷惁 釗傖敟釕曖挭釕庒搮 釖︶搻 釗傖敭釘 釖嬦惁釔 釔贬摢釗曖敪釗 釔佱惁 釔羔惛釖メ惥釕栣搫釖 釕翅惁 釖メ敄釖 釖屷挮釗 釔佱惁 釔嬦惛釕曖摨釖 釕册敠釔 釔佱惁 釔羔惁釕翅搨釘メ憱釕册搮釖釔 釖︶搻 釔娽憰釕 釖メ摃釘搨釘 釖夅拰 釘悊釖愥惛釔愥憱釕 釕 釖メ敄釖 釖屷挮釗 釖a攽釕册捇 釔娽惁釔瘁搨釔 釕册敠釔 釔 釔佱悆釘ㄡ攨釔贬搰釕翅懄 釔

The Hudson Bay and James Bay Lowlands of northern Ontario form one of the world鈥檚 most vital carbon sinks and life supporting areas, as an ecosystem of profound cultural importance. This vast landscape of peatlands, known in Cree as 鈥榤uskeg鈥, is home to the Omushkego Cree, known as the water people. Storing over 35 billion tonnes of carbon, sequestering millions of tonnes more each year, this region is helping stabilize the global climate.

These lowlands are the homelands of the Indigenous communities that were signatories to Treaty 9. As the Omushkego people, they have stewarded the land for generations and maintain a deep spiritual and cultural connection to its rivers, wildlife, and muskeg. The region鈥檚 ecological wealth underpins traditional ways of life: it is a nursery for biodiversity, supporting threatened species like woodland caribou, wolverine, and sturgeon, as well as a sanctuary for hundreds of migratory birds鈥. Protecting the Hudson鈥擩ames Bay Lowlands is not only crucial for meeting climate goals and conserving biodiversity, but also for upholding Indigenous peoples鈥 rights and heritage. 

Despite its global significance, this fragile region faces an unprecedented threat from proposed mining development in the area popularly known as the Ring of Fire. The Ring of Fire is the name mining companies have given to a sizable mineral deposit located in Treaty 9. With a lifespan of over 100 years, the proposed mining development will have negative impacts on the healthiness of nature and the ability of current and future generations to exercise Treaty and inherent rights, including rights to conserve and manage the land, and to hunt, fish, and trap. 

In this context, the Indigenous grassroots have begun mobilizing to protect their homelands, asserting both environmental, inherent, and Treaty rights. One such grassroots group is the Friends of the Attawapiskat River (the Friends), a coalition of local community members dedicated to protecting the Attawapiskat River watershed from mining in the Ring of Fire鈥. Their efforts highlight the critical need to amplify Indigenous grassroot voices and why honouring Treaty promises is inseparable from meeting climate and conservation goals. 

Currently, the allowance of harmful mining practices discredits the Ontario provincial government’s ability to manage and regulate mining-related activities. This has led to calls for decisions to be Indigenous-led and respect the United Nations Declaration on the Rights of Indigenous People (UNDRIP), free, prior, and informed consent (FPIC), and numerous court challenges and rulings requiring mining regulators and governments to drastically improve current practices. Critical minerals for reducing fossil fuels are also located in other areas, not only within the pristine Breathing Lands.

The voice of the grassroots continues to grow in response to government and industry making plans made without proper Indigenous consent. The Friends have since become a leading grassroots voice on rights and climate action in the region. This case study, the quotes and reflections throughout, are from the Friends. Through outreach, ceremony, and advocacy, this case study is among the efforts the Friends are taking to work with allies to protect these peatlands and the rights of those who live downstream of the proposed Ring of Fire development. 

This case study examines the Indigenous-led climate action in Treaty 9, focusing on efforts to protect the Hudson-James Bay Lowlands from Ring of Fire mining. It begins by detailing the background and context鈥攖he mining proposals, the ecological importance of the region, and the legal landscape鈥攂efore analyzing how Indigenous communities are mobilizing on the ground and in policy arenas. It then outlines policy recommendations informed by this struggle, such as recognizing Indigenous Protected Areas and enforcing FPIC, and concludes with reflections on the broader significance of grassroots movements.

[Click to see in English] 釔 釕册悙釘呩拑  釔 釖メ摨釔 釔佱惁 ‘釗堘搨釕戓悐釕搬憰釘メ憱釗勧挕 釕册敠釔 釔佱悙 釖︶敨釕册搰釔欋惛釕曖懖釗呩挕 釔娽搻 釔愥敁釔屷悗釗 釔敤釕敟釕屷悿 釔嬦攨釖屷惁 釕册敠釔 釗傖惒釔’ 釔椺惁釕忈悓釔 釕栣搻 釔佱悇釘 釔娽懐釘呩憱釕曖懖釗冡挕 釔嬦搨釕 釔佱悇釘 釗冡惔釕a悿 釔勧敤釘挕 釔佱惁 釗冡懗釗傖敟釖釕册搮釕栣悿 釔娽憰釘呩拤釘ㄡ憰釖ㄡ惁釔勧悓釔呩搻 釕册敠釔 釔敪釕敟釕屷悊釘栣憠 釔娽攨釖屷敨釔 釔佱惁 釔勧攨釔羔悙釖 釖屷攽釖 釕册敠釔 釔娽攨釖 釔佱惁 釖敟釕栣搮釖 釕册敠釔 釗堘敟釖 釔 釗傖憫釔屷敤釕曖挧釖 釖 釔嬦惁釖嬦惛釔愥挕 釖夅拃釗 釔佱悇釘 釗傖搱釕册憰釘メ憱釕册搮釖 釔佱惁 釗呩懖釕曖懖釗呩懄  釔 釔娽拫釘メ憣釔冡憰釕册搮釕  釔勧敤釘挕 釔嗎櫘

Through this in-depth exploration, this case study  illustrates the critical role of Indigenous leadership in addressing climate change and environmental justice, and the urgent need for systemic change to respect Indigenous rights as a cornerstone to collective action for climate, conservation, and justice.

Background and context

Getting to know the Ring of Fire

More than 33,000 mining claims have been staked in a region dubbed the 鈥淩ing of Fire,鈥 covering some 5,000 square km within Treaty 9 territory. Exploration permits granted by the province of Ontario, allowing for line cutting, drilling, and construction activities, are opening up this globally unique and intact peatland centred in the James Bay Lowlands. None of these claims and permits have been issued with the consent of the impacted and downstream Indigenous communities, which the Friends call home. 

Spanning the coast of James Bays, the peatland (muskeg) of this region is an ecosystem of global importance. Its peat soils鈥攕ome extending many meters deep鈥攈ave accumulated over thousands of years, locking away billions of tonnes of carbon. By one estimate, the peatlands of the Hudson-鈥擩ames Bay Lowlands contain per square metre as the Amazon rainforest鈥. In total, more than 35 billion tonnes of carbon are stored in these soils鈥. 

As long as the peatland ecosystem remains intact (wet and cool), this carbon is kept out of the atmosphere鈥攅ffectively making the region a natural carbon sink, sequestering greenhouse gases that are vital for drawing down climate damaging emissions.

[Click to see in English] 釗囜挧釔 釖ㄡ敟 釖嬦懖 釖 釖ㄡ攨釕翅懖釗釔︶悂釗 釔嗎懖釔愥挭釔 釔娽攨釖 釘斸敭釗 釔嗎惁釖 釕栣惞 釖︶搻 釕翅悿 釖嬦懖釖 釔勧憰釕册搻 釔娽搻 釖夅拃釗愥櫘’ – 釔敪釖 釔娽搻 釕 釔娽惞釖 釔娽搻釕 釔愥拤釔欋懖釗愥惁 釖屷悆釘 釔愥憰釖

You cannot keep digging up Mother Earth for a dollar because you’re digging up something that can’t be replaced.

– member of the Friends

Disturbing this landscape鈥攂y draining wetlands, digging them up, or subjecting them to extractive development鈥攔isks releasing that carbon, turning a globally significant carbon sink into a source of emissions. In the face of climate change, scientists and Indigenous land users alike warn that protecting these peatlands is critical to prevent climate-altering levels of carbon from being released鈥. In other words, the fate of these Northern peatlands strongly impacts Canada鈥檚 ability to meet climate targets and reduce emissions by 40 per cent by 2030

Beyond the climate regulation and stabilization the Hudson-James Bay Lowlands provides, it is also a rich habitat for wildlife and performs irreplaceable ecological functions. The peatlands filter water and sustain the health of the Attawapiskat, Albany, Winisk, and other great rivers that flow through this area and downstream to James Bay鈥. This region is one of the last strongholds for Woodland Caribou in Ontario and supports other sensitive species such as the wolverine and polar bear at its northern edges. Countless migratory birds nest or stop over in the muskeg and coastal marshes鈥攊ndeed the coasts of James and Hudson bays are globally significant breeding grounds for waterfowl and shorebirds鈥.

Inaction by industry and governments to implement the United Nations Declaration on the Rights of Indigenous People (UNDRIP) and respect Treaty promises is fuelling violations of Indigenous rights鈥攆rom rights to clean water, free, prior, and informed consent, and conservation of nature. As Indigenous rights holders continuously struggle to access legal services so that they can document, raise awareness, and call for policy change in response to threats to their rights and interests, advancing access to justice has become critical to the Friends鈥 efforts to amplify grassroot voices. 

In the context of the overlapping laws and jurisdictions impacting the Friends鈥 rights, as Indigenous and Treaty peoples, this section seeks to unpack a series of reforms in which the Friends have been directly involved and have advocated on behalf of in proposing a way forward.

International law and getting to 鈥渃onsent鈥

In 2016, Canada to support the international United Nations Declaration on the Rights of Indigenous People (UNDRIP) 鈥渨ithout qualification鈥 and to implement it. UNDRIP gives particular recognition to rights of Indigenous peoples over developments affecting them and their lands, their right to conserve and protect the environment and productive capacity of their lands and resources. 

In 2021, the Canadian Parliament enacted the domestic (UNDA) which affirms UNDRIP 鈥渁s a universal international human rights instrument with application in Canadian law鈥1. The Supreme Court of Canada (SCC) that through the UNDA, UNDRIP is 鈥渋ncorporated into the country鈥檚 domestic positive law鈥 and the that UNDRIP, as a 鈥渇ramework for reconciliation,鈥 underscores the importance of 鈥渇ree, prior, and informed consent of Indigenous peoples to all decision-making processes that affect them.鈥

Among the obligations the UNDA imposes on Canada are to:

  • affirm UNDRIP as a human rights instrument with application within Canada; and
  • require the implementation of an action plan to achieve the objects of UNDRIP

Despite these recognitions and forward legal momentum, much work remains. As the United Nations Special Rapporteur on the human rights to safe drinking water and sanitation, Pedro Arrojo-Agudo recently found extractive activities, including mining, continue to breach human rights, particularly the right to water of Indigenous People. In spring 2024, Mr. Arrojo-Agudo met with Indigenous representatives receiving compelling testimonies about harsh living conditions on reserve, where, in many cases, not even their human right to drinking water was guaranteed. The Friends during his Canadian tour and expressed that 鈥減eople outside the community don鈥檛 understand the struggles we face as First Nations. Canada is a prosperous country but it feels like we鈥檙e still living in third-world conditions.鈥

As the Friends explained to the UN Rapporteur, without access to clean water, community members suffer from rashes and other skin-related issues. Threats of mining activities contaminating their rivers and muskeg (peatlands) further impact community members, inducing fear and anxiety. In recognition of these concerns, the UN Rapporteur , 鈥淚ndigenous Peoples disproportionally face the brunt of risks of toxic water contamination with serious health impacts. It is regrettable that those who cause damage to or pollution of water sources are not being held accountable and required to compensate for the harms.鈥 

Among the 鈥渄eep reforms鈥 are laws that promote a human rights-based ecosystem approach, with equal participation of Indigenous Peoples and governments guaranteeing the principle of free, prior, and informed consent.

While these findings are directly applicable to Ontario, and the continued granting of mining claims and permits without the consent of Indigenous peoples, there remains no provincial law adopting UNDRIP and thus the role of it and UNDA is limited. While UNDRIP can be relied on to interpret existing law or aid in , as a general principle of constitutional law, the federal government cannot make an international or federal law apply in an area of provincial jurisdiction. Instead, it is up to an individual province acting on its own behalf to implement a provincial law that would give effect to an international treaty, like UNDRIP. Therefore, while the UNDA and its accompanying action plan may provide helpful language and policy direction, advocacy is still needed for a provincial law which implements UNDRIP, for it to have a fully binding effect.

Impact assessment law and application to mining projects

Indigenous peoples, including the Friends, continue to vocalize the lack of meaningful consultation on extractive projects. Respecting Indigenous voices and communities, which stand to be most directly affected from the extractive industry鈥檚 legacy and new mining projects, means requiring the most robust of assessment processes鈥攁nd one attuned to Indigenous laws. 

There is space for this to occur, too, recognizing that the Impact Assessment Act (IAA) was written with UNDRIP in mind and its implementation is hardwired into its processes and decision-making. For example, the IAA requires consideration of Indigenous rights and Indigenous knowledge, and reaffirms Canada鈥檚 commitment to seek the free, prior, and informed consent of Indigenous peoples in relation to decisions under the IAA.

Unfortunately, due to a 鈥渢hreshold鈥 approach, wherein only mining projects of the most significant size are subject to an impact assessment (IA), it means the majority of mining projects鈥攁nd their accompanying infrastructure, like smelters, are not subject to IA review2. This paucity in the application of law then removes the potential to advance Indigenous-led IAs, shared decision-making, and a mechanism that could facilitate the seeking of consent.

Concerns about the Impact Assessment Agency of Canada (IAAC), a federal authority, have also been , who have been vocal in pushing for Indigenous-led processes. Citing the need to build trust and have the requisite expertise and accreditation to truly undertake a process that respects Natural Law and Treaty, the Friends continue to advocate for the greater inclusion of Indigenous community members in IA processes.

Provincial mining laws and regressive amendments

Recent amendments to the provincial mining law, the Mining Act, ushered in by Bill 71, Building More Mines Act, 2023 (Bill 71), upended already minimal protections in place for Indigenous rights, the environment, and communities. The amendments reduced requirements on mining companies to cover the costs of cleaning up once mining operations have closed, removed the need for detailed closure plans prior to starting operations, and allow mining operators鈥攁nd not the government鈥攖o review the adequacy of technical plans. 

There鈥檚 a good reason for financial and closure plans to be required in full detail upfront. Ontario is the largest mineral producer in Canada but it’s also the province with a 鈥5,000 of Canada鈥檚 10,000+ are within the province. Bill 71 weakened the existing standard that requires a company to prepare a mine closure plan before it can start building the mine. 

As the Friends shared with the Ontario legislature when Bill 71 was proposed, these changes take Ontario back to a time when there was insufficient mine closure planning and financial resourcing, causing hundreds of thousands of tonnes of highly toxic chemicals to remain on the landscape. The impact of these reforms and resulting pollution is most likely to be felt by Indigenous communities. As the UN Rapporteur on toxics observed, following a tour of Canada in 2020, 鈥淚ndigenous people in particular find themselves on the wrong side of a toxic divide.鈥 It was within this context that the Friends requested in its entirety.

This provincial context is critical to understand in light of the mining interest in the Ring of Fire region. Toronto-based Juno Corp has become the single largest claim-holder in the region, controlling over 17,000 mining claims (covering ~333,000 hectares)鈥攎ore than half of all claims in the Ring of Fire鈥. The second-largest holder is Ring of Fire Metals (Wyloo鈥檚 subsidiary), with over 10,600 claims. 

Unfortunately, Ontario has purposely removed the opportunities to ensure that Indigenous peoples have the right to own, use, and control their lands and territories as required by Article 26(2) of UNDRIP; that free, prior, and informed consent for any project affecting Indigenous lands and resources be obtained, per Article 32(2) of UNDRIP. Ontario鈥檚 laws remain stagnant on the recognition of and respect for Indigenous Natural Law. 

Case study analysis

Land-based mobilization, ceremony, and advocacy

In the face of top-down decisions and near exclusion from decisions being made impacting Indigenous rights and land, the grassroots response to the proposed Ring of Fire development is growing. Its growth is also deeply rooted in the land itself. 

A powerful example of this occurred in fall 2023, when the Friends of the Attawapiskat River organized a multi-week canoe expedition down the Attawapiskat River, bringing together youth and Elders from across the region to assert their presence and responsibility on the land鈥. Youth from communities including Attawapiskat and Neskantaga navigated ancestral waterways for 240 miles. Along the journey they held ceremonies at key sites鈥. This journey was far more than a canoe trip鈥攊t was a form of ceremonial stewardship.

[Click to see in English] ‘釔 釔娽惓釔 釘曖搰釔欋憰釘メ懀釔 釗傖憰釘挩釗囜搨釘 釕敠釔 釕栣搻 釔佱惁釔冡敟 釖嬦攨釖♂敥釕栣懓釔︶悊釘挕 釕册敠釔 釔佱惁 釔勧敤釘 釕栣惛釔屷惁釕曖挩釗傖惁 釕册敠釔 釔佱惁 釔 釕册搰釔屷敥釕曖挮釖 釖 釖挩 釔娽惛釕曖敟釕栣敭釖 釔娽攨釖 釕册敠釔 釖 釖︶敨 釔愥拤釔嗎憫釘挕釞’ -釔敪釖 釔娽搻 釕 釔娽惞釖 釔娽搻釕 釔愥拤釔欋懖釗愥惁 釖屷悆釘 釔愥憰釖

鈥淭his paddle is our statement, in recognition of who we are, as Treaty peoples, in honouring promises to be Kind, to Share, to be Honest – that is our Strength鈥.鈥

鈥 member of the Friends

By travelling the river and caring for the water through ceremony, participants reinforced their spiritual connection to the territory and drew attention to what is at stake if the river were to be polluted or harmed by development. Such land-based actions embody the principle that climate action is not just about policy but also about relationship to place, demonstrating an Indigenous approach of environmental guardianship that blends activism with cultural practice.

Insights and challenges from the grassroots mobilization

The Indigenous-led climate action around the proposed Ring of Fire development offers several key insights. 

First, it demonstrates that Indigenous laws and knowledge are central to viable climate solutions. Whether through the revival of Treaties as living agreements or the formation of coalitions like Friends of the Attawapiskat River that operate according to Indigenous values, these efforts show alternative models of stewardship. Because of governments鈥 reticence to implement UNDRIP into provincial law and industry鈥檚 lack of respect that consent must be provided before any extractive developments occur on Indigenous lands, getting to a time and place when there is respect for Indigenous Natural Law remains a critical goal of the Friends鈥 work and advocacy.

Second, the Indigenous grassroots movement underscores the importance of ceremony and land-based healing in activism. By conducting ceremonies at places harmed by extraction, Indigenous land protectors both recognize the trauma to the land and reaffirm their duty to care for those places. This process can strengthen community resolve and present a moral narrative that aligns with Indigenous worldviews and law. It reminds everyone that beyond the charts of ore deposits and carbon emissions, there are sacred relationships and spiritual bonds that cannot be quantified. While impact assessment, as a process, is one mechanism that could allow for considerations of social and cultural values (and also allows space to substitute Crown IA processes for Indigenous-led processes), because of its broad lack of application to most mining projects, this remains an underdeveloped forum for Indigenous-led decision-making.

Due to years of feeling misled or excluded, the Friends are among the Indigenous voices pointing out a deep erosion of trust in government and industry actors. The grassroots people鈥攖he people of Treaty 9鈥攁re owed a fiduciary duty. Instead, Ontario is relying on divide-and-conquer tactics to push forward a project absent the free, prior, and informed consent of all communities.

[Click to see in English] ‘釔娽搨釖 釖メ攽釕册敂釔娽搨釖 釔娽敪釔嗎挕 釔佱悇釘 釔惁釕栣懖釗懀釔め櫘 釗囜挭釔 釔嗎敠釘戓搻 釔愥拰釗 釗釘メ憰 釔嬦懗 釔愥拰釗 釔娽搻釕 釔勧敤釘 釔勧憰釔庒搨釖♂櫘 釔愥憱釕册搻 釔娽搻釖 釕 釗傖憫釔︶悊釕a悿 釔娽拑釘︶惁 釕 釗呩憰釖a摥釕a悿 釔娽搻釕 釔娽攨釖屷挕釞’ -釔敪釖 釔娽搻 釕 釔娽惞釖 釔娽搻釕 釔愥拤釔欋懖釗愥惁 釖屷悆釘 釔愥憰釖

“The grassroots have a voice. It doesn鈥檛 matter if you live on or off reserve. It means everybody that hunted, trapped, fished on the land.”

– member of the Friends

Policy recommendations

Recommendation 1: Recognize and support Indigenous declarations of lands protection

A powerful long-term solution to safeguard the Hudson鈥擩ames Bay Lowlands is to establish Indigenous Protected and Conserved Areas (IPCAs) led by Indigenous peoples. While the meaning of an IPCA will vary among communities, they often share three core principles: (1) they are Indigenous-led; (2) they represent a long-term commitment to conservation; and (3) they elevate Indigenous rights and responsibilities. 

The creation of IPCAs creates the space for Indigenous communities to lead in protecting lands and waters. An IPCA would formally designate large swaths of the peatlands and watersheds as protected from industrial development, under governance models that centre Indigenous law and stewardship. Such IPCAs would recognize鈥攁t their core鈥攖he need to uphold Treaty rights.

[Click to see in English] ‘釔 釘敨釕曖悊釖 釔娽攨釖屷敨 釔佱悊釖 釔 釔勧憫釕曖拃釔め櫘 釔嬦惞釔︶憫 釖夅悇釖メ攨 釔悇 釔佱惁釔勧敟釔羔敄釖 釖嬦懖釔勧敟 釔册懖釔羔憰釖ㄡ挕釞 釖嬦拑 釗呩懖釗 釕册敠釔 釔娽搻釕屷惁 釔嗎挕 釖屷攽釕暆釔 釕册敥釘 釖攽釗堘敟釕屷惁釔踞挕釞 釔佱惁釕 釖拑 釔勧憫釕曖挜釖a惁 釔娽搻 釕册敥釘 釔 釔勧憪釕曖挜釗 釕敪釔 釘栣敟 釔嗎搱釕曖敟釕曖敥釗愥櫘 釘栣惂釔 釕曖攨釕栣懐釔椺惁釔嬦悿 釔嗎懗釔愥挮釔 釔娽攨釖屷櫘’ -釔敪釖 釔娽搻 釕 釔娽惞釖 釔娽搻釕 釔愥拤釔欋懖釗愥惁 釖屷悆釘 釔愥憰釖

“What they’re going to do is basically rape the land. You鈥檙e talking about an area maybe half the size of James Bay that they鈥檙e going to tear apart. It鈥檚 going to show up in the satellite. And once you do that, you鈥檝e already damaged it. Mother Earth has already been hurt.”

– member of the Friends

In calling for the protection of region where the Ring of Fire is proposed, the Friends have released a declaration stating:

[Click to see in English] 釖屷敪釗 釕册敠釔 釔 釔佱敤釔呩摨釗囜懗釗贬悙釖 釖メ攽釕册敂釔娽搨釖 釔娽搻釕屷惁 釔嗎挕 釔勧敨釔娽憰釘メ憣釘ㄡ憰釖ㄡ悗釗 9 釕册敠釔 釔嬦悓釗傖挕 釔勧敤釘 釕 釗囜搩釔瘁敟釕曖挧釔欋懀釔 釕册敠釔 釔娽搻釕愥悓釔勧憱釕挕 釖夅拰 釔娽搨釘メ懖釖ㄡ敭釖 釕册敠釔 釔佱惁 釔羔憰釘呩拫釗傖挮釖 釔佱敟釖 釔嬦懗 釔嗎敟釕曖懖釗呩挕 釔娽憰釔︶憫 釖夅拰  釔娽憥釘呩拃釕忈惛釔п悗釖 釖夅拃釗 釔娽搻釕屷惁 釖嬦憰釘呩拰釗呩挕釞

釔嗎敟釕栣惁 釔 釔娽攽釖悪釕庒敀釔屷悗釗 釔 釖︶敨 釕册搰釔椺憠釕曖懖釗呩拃釔 釔娽拰釔 釕册敠釔 釗傖惒釔 釔佱惁 釔勧攨釔羔搨釕翅挕 釔娽搻釕屷惁 釔嗎暆釔 釔娽敟釖屷悆 釔佱惁 釗囜搱釕册憰釘メ憱釕册搮釖釔 釔娽憰釔敤釖嬦拤釗 釔勧憰釘呩挕 釕册敠釔 釔娽搻 釖嬦敤釘 釔嬦惛釕曖摪釕册憰釖ㄡ拑 釔娽搻釕屷惁 釔勧敟 釗冡敚釘メ挕 釔嬦惔釗傖惁 釕册敠釔  釖夅拰 釖屷懖釔欋惛釕曖懖釗呩挕 釖挩 釔佱悇釘 釕册搰釔椺惛釕曖拑釗呩挕 釖 釖嬦悿 釖︶敨 釗冡惔釖懐釖 釔娽捇釕 釔勧敤釘 釔娽憰釘メ憣釘ㄡ憰釖ㄡ悪釕册搻 釖 釖︶敨釕册憫釕曖挮釕愥悙釖 釕册敠釔 釖 釖︶敨釔娽憥釘メ拤釔冡憰釖ㄡ惁釔勧憰釔愥拑 釕册敠釔 釖 釖挩 釔嬦惛釕曖敟釕曖敤釖 釔娽攨釖

WE, AS THE GRASSROOTS of TREATY 9, who are Indigenous rights holders and whose consultation and consent is required prior to any development in our territories

MAKE THIS DECLARATION OF PROTECTION FOR THE LANDS AND WATERS under our Natural Laws and as our commitment to the next seven generations, and in recognition of our shared responsibility to uphold Treaty rights to be kind, to be honest, to share聽the land聽聽

This statement, which remains open for , is akin to an IPCA, recognizing that Canada鈥檚 commitment to protect 30 per cent of its lands and waters by 2030 cannot be met without protecting places like the James Bay Lowlands, and doing so in partnership with Indigenous peoples offers a path consistent with reconciliation.

The declaration also advances the global targets for biodiversity protection set out in the recent reached at COP15. Among the targets that promises the furtherance of Indigenous leadership in conservation is Target 22. It is pivotal in providing new starting points for the protection of environmental human rights defenders, requiring conservation decision-making to fully  and equitably respect the cultures and rights over lands, territories, resources, and traditional knowledge of Indigenous Peoples. As the text reads:

TARGET 22

Ensure the full, equitable, inclusive, effective, and gender-responsive representation and participation in decision-making, and access to justice and information related to biodiversity by Indigenous peoples and local communities, respecting their cultures and their rights over lands, territories, resources, and traditional knowledge, as well as by women and girls, children and youth, and persons with disabilities, and ensure the full protection of environmental human rights defenders.

For the federal government to achieve Target 22, IPCAs (like the protection declaration made by the Friends), are a critical way forward. The intrinsic value of IPCAs in safeguarding biodiversity echoes the growing recognition that Indigenous Natural Laws, which teach respect and responsibility to lands, have been more effective at protecting the health of ecosystems and species than the traditional conservation practices established by the governments in Canada.

釖嬦拰 釔勧憪釕曖拑釗呩挕 2: 釔佱惁釗囜憪釔屷敤釕曖懐釖 釔佱惁 釔愥憱釕册挕 釖メ攼釔 釕册敠釔 釔嗎憱釖 釕册敠釔︶搫釔 釖嬦攨釖夅敤釕册挭釔︶悐釕册搮釕 釖 釗囜惁釔佱敤釕曖拑 (FPIC) 釕嗎悈釖メ敟 釔娽憰釔︶憫 釔椺敤釔︶悊 | Recommendation 2: Require meaningful free, prior, and informed consent before any further approval

As a matter of urgency, the Friends have on decision-making for the proposed Ring of Fire, urging governments to halt the practice of granting mining claims and mineral exploration permits absent the free, prior, and informed consent (FPIC) of Indigenous rights holders. FPIC means that Indigenous communities have the freedom to decide (free of coercion), are engaged early (prior to any final decision or ground disturbance), and are fully informed of all implications, with the opportunity to say yes or no on their own terms. 

To implement this, the Friends have said that Ontario and Canada should, at minimum, pause the approval of any new mining exploration permits, road construction, or other project advancements until consent is obtained from all affected First Nations. Grassroots voices, not just Band council leadership, need to be heard and heeded; special effort should be made to include Elders, women, and youth, whose perspectives are sometimes bypassed in Crown consultation frameworks.

釖嬦拰 釔勧憪釕曖拑釗呩挕 3: 釔佱惁 釔冡憰釘メ憣釘憰釖冡搮釖 釔勧敤釘挕 釔嗎悙釘椺悗釗傖悈釔椺悈 釔娽搻釕屷惁 釔勧敟釔羔挜釖 釔佱悈釖 釗囜搱釕册憥釘メ憰釕册搫釔愥挕釞 | Recommendation 3: Respect Indigenous assertions of sovereignty

As a corollary to the above recommendations, policymakers should seriously consider the call issued by multiple First Nations and environmental groups for a on development in the Ring of Fire until certain conditions are met鈥. Those conditions, as articulated by the Friends include: (a) robust protection plans in place for the sensitive peatlands and waterways, and (b) the basic needs of local communities (like clean drinking water, housing, and health services) being addressed before any mining 鈥渙pportunities鈥.

[Click to see in English] 釖嬦懖 釕册搫釔屷敤釕屷搮 釔娽搻 釕 釗傖攨釕挜釗囜搮釖 釔娽搻釖屷敟 釕册敠釔 釗囜悙 釔娽憪釘メ憪釕︶攼釗堘搻 釔娽敪釖ㄡ悗釗 釔佱惁釔 釕册搫釔屷敤釕曖挧釖 釔娽搻 釕册敤釘 釗囜攨釕挧釗堘搮釖 釖嬦敥釘 釔愥憰釖ㄡ挕 釔娽搻釖 釔勧敨釖 釕 釔勧憰釕曖悧釖 釔娽搻釕 釔愥拤釔欋懖釗傖挕釞

“We have to keep that harmony today鈥 We’re trying to send a message that we need to keep the harmony in place.”

– member of the Friends

No development should go ahead in an area when fundamental environmental and social safeguards are absent. By instituting a temporary moratorium, governments would create space for the proper assessments, FPIC processes, and conservation planning to occur. The precautionary principle in environmental policy dictates that lack of full scientific certainty (for instance, about the hydrogeology of peatlands or the cumulative climate impact of mines) is not a reason to postpone measures to prevent degradation. In line with this, a pause on Ring of Fire activity would prevent irreversible decisions from being made in haste.

Conclusion

The advocacy of the Friends in protecting Treaty 9 lands and waters in the face of proposed Ring of Fire development is a reminder that Treaties are living promises that must guide present and future actions for ‘as long as the sun shines, as long as the river flows, as long as the grass is green and the Anishinaabe are here.’ The Friends鈥 grassroots efforts show a path forward.聽 Whether a policy maker, industry representative, or member of the public, everyone has a shared responsibility to uphold shared Treaty rights and commitments to be kind, to be honest, and to share.

[Click to see in English] 釔娽搻 釔愥拤釔欋懖釗傖惁 釔娽憥釔羔拫釖ㄡ搻 釔娽悓釔冡攼釕屷悿 釖 釔娽憣釔︶惓釔椺憰釕册搮釖 釔嬦拰釘搻: 釖 釔愥拫釔︶悐釕册搮釖 釔冡敤釘 釔佱惁 釗堘懎釕屷敤釕栣拑 釔娽攨釖嬦敨 釕册敠釔 釔娽搻 釖 釔娽憰釖嬦攼釘ㄡ憰釖ㄡ惁釔勧悓釕 釔娽搨釘 釔愥攽釔屷悗釗傖惁 釔娽攨釖 釔嗎挕 釕册敠釔 釖夅拰 釔娽懄釘メ憣釘ㄡ憰釕册搫釔愥挕 釕册敠釔 釖夅拰 釗呩懖釕曖惁釕册搫釔庒挕 釔佱惁  釗囜搱釕册拫釘メ憰釕册搫釔愥挕 釖嬦攨釕曖攨釖嬦敨釗傖敨 釕册敠釔 釗冡惒釘惁 釕册敠釔 釖嬦攨釕栣悗釗傖敨 釔勧敟釖屷敆釔嗎挕 釖 釖メ敨 釕册搰釔欋惛釕曖拃釖 釔娽搻釕屷惁 釗冡敟釕曖挜釖♂櫘

The Friends of the Attawapiskat River story serves as a call to action: Support Indigenous land protectors, advocate for the Natural Laws and that they be respected, and recognize that protecting lands, water, and communities means safeguarding our collective future.


1 United Nations Declaration on the Rights of Indigenous Peoples Act, SC 2021, c 14, s 4(a)

2 See sections 18 – 25 of the regulation commonly known as the 鈥楶roject List,鈥 SOR/2019-285