RIVERS WITHOUT BORDERS

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Who owns Canada’s rivers?

Recently, the Conservative government of Canada tabled its 2009 budget.  Buried deep in the budget is a provision that could drastically weaken the Navigable Waters Protection Act.  Watering down this act would lead to a diminished federal role in assessing fisheries, wildlife and water impacts related to mining and other resource development proposals.

Under the guise of reducing red tape and redundancy with provincial environmental processes, the current goverment has inserted this sweeping measure into the very broad Budget Implementation Act, Bill C-10.  This element of the budget fits with the broader federal government modus operandi of promoting ‘shovel-ready’ projects that will provide economic stimulus and not slow development in any way.  Environmental assessment processes are seen by the current government as barriers to economic recovery. 

There are two main implications with degrading this important legislation. 

First is the issue of river protection from development projects that could pose significant adverse environmental impacts from toxic discharges.  Basically, the proposed changes would classify rivers as either worth protecting or not protecting and Cabinet members would ultimately make the decision.   This would not involve public consultations and decisions would be based on politics not science.  

Secondly, navigational rights to rivers could change.  The changes in the proposed legislation means that the federal government could decide to limit access and use to waterways at it sees fit.  In short, this clashes with historical uses of waterways insofar as travel has been a public right and changing this would have impacts for those who choose to access waterways for recreational purposes. 

Further, many First Nations leaders across the country see the gutting of this legislation as a threat to their traditional way of life.  Nishnawbe Aski Nation Grand Chief Stan Beardy recently commented on this in Canadian Business online.

The implications of this bill to the transboundary region cover the full spectrum of concers and beyond since access from the Pacific is through the US north of the Skeena River.  Northwestern BC and Alaska’s panhandle are world-class recreational river adventure touring areas.  First Nations leaders, community representatives and stakeholders throughout this vast wilderness area are generally very concerned with the range of potential developments in the area to begin with.  Many proposed mining projects on the Canadian side could significantly impact river systems that flow towards the Pacific, spilling into Wrangell, Ak (Stikine River) or Juneau, Ak (Taku River) for instance.  If industrial uses are favoured over recreational ones, the range of problematic implications are vast.

This provision should be taken out of the budget, and a thorough public consultation process should be undertaken prior to any sweeping changes to legislation that has long protected the environment.

If you believe there should have been a proper consultation process prior to considering changes to the Navigable Waters Protection Act, contact Environment Minister Jim Prentice.

Visit the Council of Canadians’ action alert page for further details.

Also visit http://www.ispeakforcanadianrivers.com/ to learn more about the bill’s impacts upon Canadian navigable waters.