International Joint Commission consultation with First Nations
“Water is a life source; not a resource”
– Kim Wheatley, Water Walkers
Incite Planning collaborated with a consortium of fellow firms: People Plan Community, JDI Business Services, and Shared Value Solutions in assisting the International Joint Commission (IJC) with its consultation of indigenous groups within the Great Lakes basin. The main mandate of the IJC is to sustain water levels in the Great Lakes that facilitate shipping along those waterways. However, the Aboriginal and Treaty rights of the numerous host communities were ignored when the Boundary Waters Treaty, 1909 was signed by the United States, and Great Britain with respect to the Dominion of Canada. We facilitated two initiatives that increased the understanding between the host communities of the Basin and the IJC:
I - “Planting a Relationship; and Learning Towards Action with Indigenous Peoples”
- title suggested by Abe Francis, Environmental Programme Manager, Mohawk Council of Akwesasne
The first initiative involved identifying the 23 groups that have an interest in the Lake Ontario/St. Lawrence River region, including First Nations of Canada, Tribal Nations of the US, the Métis of Ontario & Quebec, and Indigenous organisations. Over 80% responded to our initial outreach, and about half were able to participate in our engagement sessions. Through these discussions several themes emerged such as the direct impacts to the land from fluctuation of water levels, the maintenance of cultural practices and traditions in the face of these fluctuations, the capacity and resources of communities to respond to such fluctuations, and the building of cross-jurisdiction relationships, including the possibility of data sharing.
The instigation of this effort came from the release of the IJC’s “Plan 2014” to regulate the water flow out of Lake Ontario through the Moses Saunders hydro-electric dam into the St. Lawrence River and the creation of the Great Lakes–St. Lawrence River Adaptive Management (GLAM) Committee in 2015 to apply an adaptive management approach to the on-going review of the outflow regulations for Lake Superior and Lake Ontario.
Unfortunately, 2017 and 2019 were extreme weather years across the watersheds of Lake Ontario and the St. Lawrence River. This resulted in widespread flooding and erosion along those shorelines. The significant public concern that resulted, compelled the IJC to direct the GLAM Committee to undertake an Expedited Review of its Plan. Consultations were undertaken regarding municipal water and wastewater services, recreational boating and cottaging, electrical power generation, as well as the ecological functioning of these Basins. Though Indigenous interests were initially overlooked, we were retained to help begin the relationship-building process that may rectify this.
II – “Engaging Batchewana First Nation regarding Fluctuating Water Levels and Flows on the St. Marys River and Whitefish Island”
The second initiative involved the particular concerns of Batchewana First Nation (BFN). Since their traditional territory surrounds the outflow of Lake Superior, the commercial/industrial development of this region has created significant impacts. A specific issue has been the flooding and erosion of Whitefish Island which is now a formal part of their reserve. We conducted several virtual meetings which led to a face-to-face, relationship building session between BFN and the IJC. This included a discussion of mutual interests, methods for building relationships, a tour to Whitefish Island led by BFN, and a site visit of Francis H. Clergue Hydropower facility.
The instigation of this effort came from the release of the IJC’s “Plan 2012” to regulate the water flow out of Lake Superior through the St. Marys River. Unfortunately, 2019 and 2020 were wetter than normal across the watersheds of Lake Superior and Lake Michigan-Huron, resulting in above average water levels. While this was not problematic for shipping, it created more than enough flow for the generation of hydro-electric power. According to the IJC’s adaptive management principles, the excess flows were directed towards Whitefish Island causing flooding and erosion. Batchewana First Nation obtained this island in 1997, after a land claim was settled in 1992, after it was occupied in 1989, after years of unsuccessful negotiations.
In what is now called the St. Marys River, the extensive use of Baawaating (the place of the rapids) for subsistence fishing was recorded as far back as the early 1600s. Whitefish Island, adjacent to present day Sault Ste. Marie, has been the focal point of this activity for thousands of years and thus became a gathering place for the Anishinaabe peoples of this region. By the nineteenth century a commercial fishery had developed, despite the addition of several shipping locks. Construction of shipping channels and locks continued into the 20th century, but also saw the installation of hydro-electric power. The modern era also saw the completion of bridges for railway and highway traffic. No consultation with local First Nations was conducted regarding any of this activity. It is hoped that the groundwork of these sessions will lead to a fuller working relationship that takes the interests and rights of BFN as foundational to the IJC’s ongoing activities.
