The AMC has continued to monitor important environmental activities in the region and internationally. The AMC also promotes environmental awareness through committees the AMC participates on and through the AMC environmental issues brochure.

KEY ISSUES/CHALLENGES

Devils Lake Emergency Outlet Background - Devils Lake in North Dakota is a lake that has no natural drainage, and because North Dakota has drained surrounding wetlands, it has risen 26 feet since 1993, flooding nearby communities including the Spirit Lake Tribe. North Dakota’s solution for drainage is a 27 million dollar outlet that will see water travel into the Sheyenne River via a 14 mile long pipeline and canal. The Sheyenne River flows into the Red River and ends up in Lake Winnipeg. Devils Lake has been self contained for more than a thousand years and its salty waters have high concentrations of nitrogen, sulfates and phosphates, minerals that could cause severe distress if consumed and could be lethal to aquatic life. The concern for the Red River and Lake Winnipeg is the water from Devils Lake will have the potential to transfer foreign biota which can alter an ecosystem. Canada is all too aware of the devastating effects this can have based on the invasive species of the sea lamphrey and the zebra mussels in the Great Lakes. The AMC signed a Joint Resolution in 2004 with 3 tribes in Minnesota and North Dakota to oppose the outlet plan which would see foreign biota and species entering the Red River. This outlet project contravenes the International Joint Water Boundary Treaty of 1909 and will require the involvement of the International Joint Commission, a non partisan body that resolves cross border water disputes.

First Nations Implications

The AMC Grand Chief sent a letter to U.S. Secretary of State Condoleeza Rice urging her to refer the Devils Lake Emergency Outlet Project to the International Joint Commission, that it was her predecessor Colin Powell, who stated that the project should not proceed until an inclusive biological survey of the lake is completed. Lake Winnipeg is a crucial element of Manitoba First Nations’ culture, economic development and environmental values.

A letter to Prime Minister Paul Martin expressed concerns that Manitoba First Nations are at great risk if measures are not taken immediately to halt this project until proper environmental impact assessments are conducted. Many of the citizens of the 16 First Nations utilize the waters for food, societal and ceremonial purposes which are constitutionally protected treaty rights. Canada, in right of the Crown, has the responsibility and fiduciary obligation to act on behalf of First Nations people when Aboriginal and Treaty rights are threatened, which is the case with respect to the Devils Lake Outlet. A follow up letter was also sent to Reg Alcock President of the Treasury Board with similar concerns and requesting Canada support the efforts of the Manitoba Chiefs to fight this unilateral decision of the Government of North Dakota.

First Nations representation through the Assembly of First Nations (AFN) National Chief Phil Fontaine participated in a delegation to Washington D.C. on April 6th, 2005. The National Chief spoke of the treaties that need to be respected. In addition the AFN also wrote letters to the Inter-American Commission on Human Rights in Washington DC and to Condoleeza Rice, U.S. Secretary of State.

AMC participated in a joint strategy session with First Nations, Friends of the Earth and various Municipalities in a combined effort to develop a line of attack to support the initiatives of the Province as well as pursue a grassroots initiative that will include a legal injunction in the Federal Court of Canada. At this point in time, the outlet continues to be constructed with an opening date of August 2005. The Province of Manitoba lost its bid to stop construction of the outlet in the North Dakota State Supreme Court. Premier Gary Doer stated, “The court did not look at the impact on Canada and the International treaties. It only looked at a minimum requirement by their own health department in North Dakota”.

The Province along with the federal Environment Minister Stephane Dion, Canadian Ambassador Frank McKenna, Treasury Board President Reg Alcock have been meeting with senior officials in the White House and in particular the Council on Environmental Quality. To date the Canadian and Manitoba governments along with the governors of Minnesota and Missouri and many other officials have expressed support for the Canadian request in letters to the U.S. Secretary of State.

Invasive Species Declaration

AMC is collaborating on a joint letter with the First Nations in British Columbia, Ontario and the Assembly of First Nations on alien species and invasive alien species. This letter will jointly state to the Federal, Provincial and Territorial governments our complete opposition to both the intentional and unintentional introduction of Alien Species into our ecosystems. The end result of this practice is the continued systematic loss of our indigenous species that are intrinsic to our way of life including for food, social and ceremonial practices. AMC will also forward a provincial letter specific to Manitoba First Nation concerns. Further discussion will also see a national working group to establish a First Nation driven strategy, policy and process on invasive species working in partnership with Provincial and Federal governments.

Transboundary Water Issues A similar joint letter on trans-boundary water issues is under development and will be forwarded to the same governments including the International Joint Commission that represents the 1909 Boundary Water Treaty between Canada and the United States. These issues will be addressed through the same national working group mentioned above.

LINKAGES TO FIRST NATION COMMUNITIES

Linkages between the AMC and First Nation communities on environmental issues will be addressed through coordination and development of a regional First Nations Environmental Strategy.

STATUS OF ACTIVITIES

Participation is ongoing with the following committees:

. Red River Basin Commission (RRBC). The AMC participates in ongoing quarterly meetings to discuss the international shared water shed of the Red River basin and the natural resources issues that result from it.
. National First Nations Environmental Contaminants Program (NFNECP). The AMC works with the Assembly of First Nations to select First Nations projects across Canada to receive research funds on various contamination issues. The mandate of the program is to foster First Nation community based research projects on environmental contaminants. It is part of a Health Canada initiative to transfer control of community based health programs to communities. The AMC will take on more of an advocacy and outreach role so that more Manitoba First Nations will submit proposals to this national program.
. Aboriginal and Northern Community Action Program (ANCAP) The AMC participates on the ANCAP Pathfinder Steering Committee. A new initiative in its second year from the federal government to assist in reducing greenhouse gases across Canada based on the Kyoto Accord. This committee acts as a facilitator for First Nations to access funding for potential projects that focus on energy efficiency and renewable resources.

AMC is in the process of developing priority action areas for the upcoming year and they are:

. A follow up meeting is required for the Chiefs in Assembly as well as a workshop for all Tribal Council technicians and grassroots people to come together to discuss issues in their communities. The result will be the development of short and long term First Nation community plans to facilitate in identifying the issues and help on planning a framework for the future. Issues that can be discussed include: capacity and management issues, land management, environmental issues, traditional environmental knowledge, natural resources, infrastructure and capital requirements, water and wastewater, and environmental health.
. An Elder's Forum on Climate Change is being proposed to bring together western science and traditional environmental knowledge on the issues specific to climate change in the region. A similar forum was held in Saskatchewan and was successful in establishing awareness overall, respect for traditional knowledge and developed a forum for the protection of that knowledge.
. To work with INAC to assess the current waste management guidelines and practices in First Nations communities. The assessment should address: what are the current situations? Are they environmentally healthy? And provide recommendations for further guidelines and training for the people that work in waste management in the communities.

ACCOMPLISHMENTS

. Participated in the AFN Climate Change Workshop held in Winnipeg in April 2005.
. Participated in the AFN Environment Policy Forum which seen the results drafted in the First Nations Environmental Stewardship Action Plan in May 2005.
. Participated on the Ad Hoc Fisheries Committee which was established as a result of a meeting with Minister Struthers in the fall of 2004.
. Establishing ongoing working relationships nationally with First Nations organizations specific to the environment.
. Secured observer status for AMC on the East Side Planning which is a Province of Manitoba initiative to bring together First Nation, local communities, industry and environmental organizations to develop a vision for land and resource use in the area that respects both the value of the boreal forest and the needs of the local communities on the east side of Lake Winnipeg.
. Establishing ongoing working relationships with various INAC and Provincial departments that deal with First Nations environmental issues such as water, wastewater, waste management, climate change and economic development.
. Participated in Geo Exchange workshop on geo thermal heating and power smart initiatives through the Province.
. Developed an AMC Environmental Issues for all Manitoba First Nations Brochure.