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3250 Bloor St. West, Suite 300 Toronto, Ontario M8X 2Y4 Canada 416-231-5931 1-800-268-3781 F: 416-231-3103 www.united-church.ca May 13, 2016 Honourable Jim Carr, Minister of Natural Resources, House of Commons, Ottawa, ON K1A 0A6 [email protected] Dear Minister Carr: In grateful response to God’s abundant love, we bear in mind our integral connection to the earth and one another; we participate in God’s work of healing and mending creation. (From The United Church of Canada’s Song of Faith) These words may help you to understand why I am writing on behalf of The United Church of Canada to express concerns about the Energy East and Trans Mountain pipelines, with specific reference to Canada’s relationship with Indigenous peoples and our commitment to address global climate change. The United Church of Canada believes that human societies bear a responsibility toward Earth in its wholeness: to the integrity of the land and all creatures that depend on it for life, sustenance, and growth, including ourselves. This responsibility includes building and honouring a relationship of mutuality, equity, and respect with the Indigenous Peoples of Canada, a priority which Prime Minister Trudeau has said is of principal importance to the government. Implementation of the United Nations Declaration on the Rights of Indigenous Peoples is crucial to that relationship. On March 31 2016, in response to the Calls to Action of the Truth and Reconciliation Commission, the United Church adopted the Declaration as the framework for reconciliation. Knowing that the federal government has also committed to this goal, we write now with some specific concerns about how its principles have been reflected in the interim approval measures undertaken for the Energy East and Trans Mountain pipeline, and how they may be reflected in such matters moving forward. The United Church was encouraged to see that the interim measures included meaningful consultation with Indigenous Peoples and the integration of traditional knowledge in decision-making. However, along with leaders from the Assembly of First Nations of Quebec and Labrador, the Assembly of Manitoba Chiefs, and the Union of British Columbia Indian Chiefs, we are concerned that free, prior, and informed consent (FPIC) was not employed in the creation of these interim measures. As Kenneth Deer, a member of the Mohawk Nation at Kahnawake and an active participant in the drafting and interpretation of the Declaration, has said, “free, prior, and informed consent is a means of participating on an equal footing in decisions that affect us.” It is our hope, moving forward, that we will begin assessment processes in full collaboration -- on equal footing -- so that we reach decisions that are meaningful for and beneficial to all peoples of Canada. This is especially timely given the introduction of a Private Member’s bill on implementing the Declaration, and your own comments to the Commons Indigenous Affairs Committee in April 21 that “the government is in the process of providing a Canadian definition of the Declaration.” We believe that such an understanding should be reached with the full participation of Indigenous peoples. So too should any related policy decisions, including processes for the approval of pipelines or other major projects The Mission & Service of The United Church of Canada: God’s Mission, Our Gifts La mission et le service de l’Église Unie du Canada : la mission de Dieu, pour nous, par nous impacting Indigenous territories. Such collaboration respects not only Free Prior and Informed Consent but self-determination and land, treaty, and Aboriginal rights, all of which are central to the Declaration. Equally important is the emphasis in the interim measures on traditional knowledge. Self-determination in cultural and spiritual practices is a key principle of the Declaration. Large projects such as pipelines frequently cross territories deemed sacred or culturally significant. We trust, as we continue to work together to assess such projects, that Indigenous peoples themselves take the lead in this important part of the work. The United Church was also encouraged by the First Ministers’ announcement of a pan-Canadian framework for clean growth and climate change that will meet or exceed Canada's international emissions targets, and will transition our country to a stronger, more resilient, low-carbon economy. At COP 21, Canada announced its return to leadership in global climate change talks, advocating for a 1.5 degree target. As a country we must now seek to live out this commitment. The interim consultation measures uphold the importance of decisions based on science. The United Church is concerned, given recent comments by federal officials, that the building of new infrastructure such as Energy East and Trans Mountain to facilitate the export of oil derived from the oil sands will gravely undermine this. According to peer-reviewed scientific research, in order to keep global temperature increases to 2°C above preindustrial levels, at least 85 percent of Alberta’s remaining ultimately recoverable oil sands bitumen must remain in the ground. However, the building of both pipelines is predicated on the expansion of the oil sands. Moreover, the interim measures only refer to assessing the upstream greenhouse gas emissions associated with each pipeline. The total carbon footprint, including when the fuel carried by the pipelines is burned, is much larger than the upstream emissions alone. This violates Canada’s commitment in article 4.4 of the Paris Agreement to demonstrate leadership “by undertaking economy-wide absolute emission reduction targets.” At the same time, The United Church is a national church with many members whose work is connected to the fossil fuel industry. Many of these workers are experiencing layoffs and employment uncertainty due to low oil prices. Consequently, we would like to encourage the government to continue to hold up and implement its commitment to a just transition for workers. Canada called for a commitment to a just transition for workers to be included in the Paris Agreement. These rights, while only included in the preamble, make it imperative for the government to support programs for training and quality employment opportunities for workers transitioning out of fossil fuel industries. Together with congregations and ministries of the United Church, we look forward to supporting Canada’s transition to a stronger more resilient low-carbon economy that fulfills Canada’s commitments under the Paris Agreement and is built on a relationship of mutuality, equity, and respect with the Indigenous Peoples of Canada. I offer my prayers for you as you offer leadership at this time in Canada’s history. Regards, Jordan Cantwell (The Right Reverend) Moderator/Moderatrice The United Church of Canada/L’Église Unie du Canada cc: The Right Honourable Justin Trudeau, Prime Minister of Canada The Honourable Catherine McKenna, Minister of Environment and Climate Change The Honourable Carolyn Bennett, Minister of Indigenous and Northern Affairs The Honourable Candice Bergen, Natural Resources Critic, Conservative Party of Canada The Honourable Ed Fast, Environment and Climate Change Critic, Conservative Party of Canada Cathy McLeod, Indigenous and Northern Affairs Critic, Conservative Party of Canada Richard Cannings, Natural Resources Critic, New Democratic Party Nathan Cullen, Environment and Climate Change Critic, New Democratic Party Charlie Angus, Indigenous and Northern Affairs Critic, New Democratic Party Marilène Gill, Natural Resources and Indigenous and Northern Affairs Critic, Bloc Québécois Monique Pauzé, Environment and Climate Change Critic, Bloc Québécois Elizabeth May, Leader, Green Party of Canada