The NEB was established in 1957. The Canadian Nuclear Safety Commission (CPCN) was established in 2000 and like the NEB, they have approval powers beyond the scope of normal planning mechanisms and neither one has expertise in regards to Indigenous Rights or the right to self govern.
I participated with the Darlington Nuclear Refurbishment Hearing with CPCN and the scope of the projects are often far too limited to have regard for First Nation’s issues. I presented sworn evidence to show how the plant was using chloride to treat the Zebra Mussels entering the cooling system and how this was stimulating the growth of algae in Lake Ontario that was destroying the breeding ground of White Fish outside the plant. The fish normally breed between the rocks. When Zebra mussels got into the intakes it covered the cooling racks like a cement. The plant was at risk so they started using chloride to kill them off. The chloride stimulated the growth of algae to the point it created a thick carpet over the breeding areas. The fish can’t access these spaces between the rocks anymore and the fish is now being considered for listing as endangered species. Who violated our treaties to the point our food is being listed as endangered species? Why are the still allowed to cause further damages to these habitats?
The CNSC never did provide me with feedback on how these concerns will be remedied. The CNSC viewed it as a non issue of a Metis woman but I view this as a violation of Treaty Rights. I grew up eating Whitefish, Pike, Pickerel and bass and trout from Lake Ontario. To allow an industry to destroy breeding ground of an edible fish violates my rights and the rights of others to live in our traditional ways. What recourse is there when CNSC decisions do not comply with Treaty Rights? Am I go to court to ask them not to kill the fish? Is the burden on me to pay out of pocket to prove the issue in court or should the burden be on the company to assure compliance? It is the compliance that we lack today.
Professional Engineers Ontario could step in to help remedy issues but they powerless to help because oil and gas sectors have exemption from their oversight. It’s a federal issue not provincial one. Personally I think they should be allowed to have a say. They have jurisdiction to review issues regarding w ind power and solar projects so why not oil, gas and nuclear? Why should fossil fuel and nuclear get to bypass safeguards required by renewable energy providers?
Both the NEB and CNSC are acting as regulators, approval agencies, oversight bodies (of their own work) and enforcement agency and with the Line 9 Enbridge argues they are performing the duty of the Crown too. This is in my view highly unreasonable.
The mandate of Canada’s Competition Act states:
PURPOSE OF ACT
1.1 THE PURPOSE OF THIS ACT IS TO MAINTAIN AND ENCOURAGE COMPETITION IN CANADA IN ORDER TO PROMOTE THE EFFICIENCY AND ADAPTABILITY OF THE CANADIAN ECONOMY, IN ORDER TO EXPAND OPPORTUNITIES FOR CANADIAN PARTICIPATION IN WORLD MARKETS WHILE AT THE SAME TIME RECOGNIZING THE ROLE OF FOREIGN COMPETITION IN CANADA, IN ORDER TO ENSURE THAT SMALL AND MEDIUM-SIZED ENTERPRISES HAVE AN EQUITABLE OPPORTUNITY TO PARTICIPATE IN THE CANADIAN ECONOMY AND IN ORDER TO PROVIDE CONSUMERS WITH COMPETITIVE PRICES AND PRODUCT CHOICES
Personally I see the NEB and CNSC as agencies that violate this mandate. Until we reach the point where Green Energy gets the same subsidies and policy tools to work with the system remains biased to oil and nuclear. Until First Nations Lives are equally protected, there is no justice.
Thank you kindly for your time.
700 Star Flower Ave.