Treaty Nations call on Canada to include them in discussions of Line 5 termination

In light of the crisis facing the Enbridge Line 5 pipeline, the Robinson Huron Waawiindamaagewin Political Working Group is calling on Canada to include all their treaty partners in infrastructure planning and decision-making.

“The continued operation of this ageing pipeline presents a real and present danger not just for Indigenous communities on both sides of the border, but to all peoples that live and rely on these lakes,” said Ogimaa (Chief) Duke Peltier of the Wiikwemkoong Unceded Territory on Manitoulin Island.

“Canada needs to do better when it comes to infrastructure planning and work with all their treaty partners, not just when it is convenient or the court orders them to,” said Peltier.

On May 6, the House of Commons held an emergency debate to address a May 12 deadline issued by Michigan Governor Gretchen Whitmer to shut down Line 5. Whitmer’s office issued a statement calling the pipeline a “ticking time bomb” and said that it would be unlawful for Enbridge to continue to operate after her government’s deadline. Whitmer has revoked an easement granted in 1953 that allows Line 5 to operate under the Straits of Mackinac.

The Straits of Mackinac connects Lake Michigan and Lake Huron, which many Robinson Huron First Nation communities rely on for clean water, fishing, transportation and ceremony.

The Canadian government has said it does not believe Enbridge needs to comply with the May 12 deadline and is considering making an intervenor submission supporting Enbridge in ongoing U.S. court proceedings to keep the pipeline operational.

Canada’s argument could focus on a pipeline treaty from 1977 with the United States, allowing Canada to request negotiations with the U.S. to keep the line operational.

“This is a slap in the face of treaty rights holders across Canada. Canada is fighting to uphold a pipeline treaty from 1977 while continually ignoring historical treaty commitments to First Nations people across Canada,” said Ogimaa Dean Sayers of Batchewana First Nation.

Many of the Robinson Huron First Nation communities have advocated in the past to protect the Great Lakes, including meeting with American-based tribes to present a unified front. Leadership present at the May 6 Political Working Group meeting stated that they would examine further options to voice and possibly mobilize their support of American tribes who are also demanding the closure of the ageing pipeline.

“Canada needs to work with all its treaty partners when it comes to the protection of our Great Lakes and planning for our future. As treaty partners, we can find solutions together,” said Peltier.

He added that it is unfortunate that Canada has not planned to reduce dependence on crude oil.

Line 5 was completed nearly 70 years ago and transports oil from western Canada to eastern Canada and travels partially through the U.S. The line under the Mackinac consists of two pipelines identified as being at the end of their life.

According to the U.S.-based National Wildlife Federation which reviewed federal records, Line 5 has had more than 30 spills resulting in over one million gallons of oil entering the Great Lakes since 1968. Recently, plans were developed to encase the existing pipeline in a tunnel, raising concerns amongst many groups, including Indigenous communities and residents living south of the border, due to the previous leaks and poor maintenance of the line.

The Robinson Huron Waawiindamaagewin is an initiative of the Robinson Huron Treaty signatory First Nations, adhesions and beneficiaries to create a deliberative body mandated to address many long-standing issues that face the treaty signatories, in accordance with the traditional worldview, cooperative philosophy, and historical alliances of the 21 member First Nations.

Local Journalism Initiative Reporters are supported by a financial contribution made by the Government of Canada.