Cleaning up Tar Sands Tailings Ponds: Selected Precedents for

We hope that the following information is useful to the MCFN and its lawyers in developing and co- authoring optimal regulatory standards for dealing safely with the tailings pond effluent in a way that protects the environment and respects the right of the Mikisew Cree Nation to protect its territory and way of life. [...] In 2017, Canada issued the “Principles respecting the Government of Canada’s relationship with Indigenous peoples.,” where the government stated that “The ten principles are based on the recognition of Indigenous peoples, governments, laws, and rights, including the right to self-determination and the inherent right of self-government.”26 The Canadian Principles also recognize the importance of fr. [...] For example, the EPA Handbook explicitly states that the maintenance and protection of ONRWs means that there may be “no new or increased discharges to ONRWs and no new or increased discharge to tributaries to ONRWs that would result in lower water quality in the ONRWs.”34 Given the global and national importance of the Athabasca River and the downstream World Heritage and Ramsar Sites, the MCFN c. [...] The criteria used for this determination includes: a) whether the waters have been designated as wild and scenic; b) the presence of endangered or threatened species in the waters; c) the presence of an outstanding recreational fishery in the waters; d) whether the waters provide the only source of suitable water for a municipality or industry; e) whether the waters provide the only source of suit. [...] As discussed in Part I of this report, the Policy is an “expression of [Yinka Dene] living governance and laws,”90 and both documents constitute a “collaborative water management [plan] for all levels of government.”91 The First Nations collaborated with the province of British Columbia and the owner of the Endako mine to “craft a unique system that preserves, enhances, and protects water impacted.