Opinion: Canada’s support of Line 5 violates Indigenous treaty rights and harms the natural world. Canada is giving more weight to the 1977 pipeline treaty than it gives to treaties that it holds with First Nations across so-called Canada.
Tribal nations within Michigan and Wisconsin signed treaties with the U.S. government in 1836, 1837, 1842 and 1854. These treaties guarantee that tribes retain the right to hunt, fish and gather in their traditional territories. Line 5 is a direct threat to these rights and the ecosystems that sustain them.between 1994 and 2013, the Bureau of Indian Affairs assisted Bad River Band in acquiring ownership interests in 12 allotment parcels of land in the Line 5 corridor.
In making treaties with the Crown, First Nations peoples did not give up their inherent title or rights to self-government, which extends to managing the lands and waters in their territories. These treaty rights are further affirmed by Section 35, Canada Constitution 1982 and must be recognized by Canada.
Indigenous Nations are traditional knowledge keepers and sacred protectors of the land and water for the people now and in the future. This affront to Indigenous rights and treaty rights is unacceptable. Inherent water rights for Indigenous Nations must be recognized and upheld. Tribal and First Nations must be fully engaged and listened to in any legislative or regulatory development pertaining to the waters of the Great Lakes and the Line 5 pipeline.
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