Mackenzie Valley Region
The River Mackenzie measures up to around one thousand, one hundred and twenty miles that is equivalent to almost eighteen hundred kilometers of length. It originates from Canada, more specifically the Great Slave Lake in Northwest Territories. It passes through a delta, which is at the northwest of the Arctic Ocean. It is called the Slave River when it glows between the Lake Athabasca and the Great Slave Lake (Columbia Electronic Encyclopedia, 2010).
The river system known as the Final Peace along with the Lake Athabasca connects with the Mackenzie. The "Finlay Peace Mackenzie system" which is the second biggest uninterrupted flow of river in North America measures up to four thousand and two hundred kilometers long. The biggest tributary directly meeting the Mackenzie is the Liard River. Navigation is possible all the way from the Great Slave Lake to the Arctic Ocean only between the months of June and October (Columbia Electronic Encyclopedia, 2010).
There exist rapids of around twenty three km between the Lake Athabasca and the Great Slave Lake that need to be portaged. There are navigable waters of more than four hundred miles beyond the rapids. Between the Arctic, Fort Nelson and British Columbia, transportation is facilitated by the Liard River. One of the important routes for shipping is found between the Arctic, Edmonton and the Alta. This is also accompanied by the "Athabasca-Mackenzie" system (Columbia Electronic Encyclopedia, 2010).
The Mackenzie basicly has a number of lakes that are helpful in controlling floods by serving to act as reservoirs. The Canadian Shield and the Rocky Mountain flanks the basis which encompasses the northern area of the "Great Plains" in North America. Dense forests are found in the Mackenzie valley and the soil of the area is suitable for cultivation when climate conditions allow (Columbia Electronic Encyclopedia, 2010).
In the early years of the nineteenth century, several posts were developed alongside Mackenzie to carry out business and trade which mainly revolved around fur trapping. Fur trapping continues to be a major trade to this date. Aklavik, Fort Simpson and Fort Providence were the important and major trading posts. The area was considered to be realm of fur traders until huge fields of oil and other natural resources were explored in the 1930s. One of the major oil producing cities included Norman Wells (Columbia Electronic Encyclopedia, 2010).
In the delta part of Mackenzie, huge fields of gas were also found in the early part of 1970s. The Mackenzie Valley Pipeline project was decided to be constructed from Alberta to the Arctic Ocean but due to the possibility of the occurrence of severe environmental, political and law related issues, the project was sidelined by the federal royal commission in 1977 (Columbia Electronic Encyclopedia, 2010).
Background
During the time period of 60 million years BCE, the Valley of Mackenzie was surrounded by tropical seas, giving way to the formation of petroleum deposits (Canadian Dimension, 2004).
Between the periods of 100,000 to 10,000 years BCE: Laurentide Ice Sheet was discovered to have covered the Mackenzie Valley. As per the Dene formation narration, the landscape was reformed by the giant Yamoria, who also killed the wild Pleistocene creatures and brought stability and law to the community (Canadian Dimension, 2004).
During the time period of 9000 years BCE: At the Fishermane Lake, present in the NWT the most ancient archaeological proof of aboriginal living was established (Canadian Dimension, 2004).
During the year 1789: On his way to the Pacific Ocean, Akxander Mackenzie was lost near the area of the River of Disappointment. He observed seeps of oil close to the Norman Wells while he decided to paddle to the Arctic Ocean (Canadian Dimension, 2004).
The trade of fur and the missionary era was at its peak in the 19th century, under the "benign neglect" policy of the federal authorities (Canadian Dimension, 2004).
During the 1920s, oil was explored by Imperial Oil in the Norman Wells which resulted in the increase of government's consideration to lawfully acquire the resources of petroleum found in the Mackenzie Valley (Canadian Dimension, 2004).
During 1921, Treaty 11 was agreed upon with the Dene of the Mackenzie Valley suggesting to eliminate the aboriginal title in return for an annuity of around five dollars per individual and for a family consisting of five members, one square mile reserves. The federal authorities do not form any reserves as a measure to save costs as no agriculture agreement is expected (Canadian Dimension, 2004).
In the years between 1942 and 1944, the pipeline of Canol was constructed by the "Bechtel Corp. And the U.S. Army Corps of Engineers" from the area of Norman Wells up to the point of Whitehorse so that the Japanese danger to Alaska could be countered. It was sidelined after it had been functioning for over a year (Canadian Dimension, 2004).
Between the years of 1969 and 1973, the Mackenzie Delta region became one of the places where natural gas was found. The most initial NWT Natural gas pipeline was constructed from the area of the Pointed Mountain, found near the Fort Liard up to the point of West Coast system in British Columbia (Canadian Dimension, 2004).
During 1970, the Dene Nation (or Indian Brotherhood of the NWT as it was earlier called) was formed (Canadian Dimension, 2004).
During the year 1973: The historical documents depict that the Dene was orally confident that the Treaties 11 and 8 did not revolve around the dissemination of any kind of land and only entailed the application of peaceful and friendly sentiments. Justice Morrow is of the opinion that there is room of doubt about whether these treaties were the ones that helped eliminate the aboriginal title (Canadian Dimension, 2004).
During the years between 1974 and 1977, the Inquire in the Mackenzie Valley Pipeline carried out by Justice Berger advised a moratorium of ten years on the construction of pipeline (Canadian Dimension, 2004).
During 1984, the land claim of Inuvialuit was settled letting go of the Aboriginal title in return for over a hundred and fifty million dollars in cash and the ownership and co-management of the traditional lands of up to twenty one percent (Canadian Dimension, 2004).
During 1986, the pipeline that continued from Norman Wells up to Alberta was established (Canadian Dimension, 2004).
During the years between 1986 and 1989, the Beaufort Sea and Mackenzie Delta discovery occurred that was financed by the Petroleum Incentives Program of the federal Republic (Canadian Dimension, 2004).
In the 1990s, Dene Nation decided not to accept the Dene Metis Comprehensive Land Claim Agreement in Principal that applied to the entire Mackenzie Valley as it did not approve of the federal decision to eliminate Aboriginal title (Canadian Dimension, 2004).
In the year 1992, Gwich'in Dene-Metis eliminated the aboriginal title and settle claims of the regional land in return for over seventy five million dollars cash and around twenty nine percent ownership and co-management of the traditional lands (Canadian Dimension, 2004).
In the year 1993, Sahtu Dene Metis eliminated the aboriginal title and decided to settle claims of the regional land in return for over seventy five million dollars of cash and of around fifteen percent of ownership and co-management of the traditional lands. The "Kakisa Declaration" was passed by the Dehcho First Nations that rejected the land claims policy of the federal authorities (Canadian Dimension, 2004).
In the year 1994, the Sahtu and the Gwich'in lands were allowed to be used for exploring petroleum resources. Petroleum exploration also began in Fort Liard that went against the moratorium of the 7 Deh Cho First Nations (Canadian Dimension, 2004).
In the year of 1999, Chevron established one of the biggest gas explorations near Fort Liard in North America at K -29 and connected it with the pipeline system of Pointed Mountain / West Coast. Ikhil pipeline was constructed by Inuvialuit Regional Corporation to provide gas to the Inuvik town (Canadian Dimension, 2004).
In 1999, negotiations were commenced by the Deh Cho First Nations that premised on self-government and connected land jurisdictions as a substitute to the decision of the elimination of aboriginal title (Canadian Dimension, 2004).
During 2000, ArctiGas along with BP Consortium and MGP presented three proposals for rival northern pipeline projects (Canadian Dimension, 2004).
In 2001, the Memorandum of Understanding with signed with MGP by the Aboriginal Pipeline Group (Canadian Dimension, 2004).
In the years between 2001 and 2003, the Interim Measures Agreement was signed by the Deh Cho First Nations who also took out around fifty percent of their territory and labeled them as conservation fields (Canadian Dimension, 2004).
During 2003, the Preliminary Information Package was submitted to regulators by MGP (Canadian Dimension, 2004).
During August 2004, the Joint Review Panel Agreement was signed between the federal Minister of the Environment, the Inuvialuit Game Council and the Mackenzie Valley Environmental Impact Review Board. Legal action was started by Deh Cho First Nations that opposed the Joint Review Panel Agreement (Canadian Dimension, 2004).
During October, 2004 Environmental Impact Statement was submitted by MGP to the Joint Review Panel who also submitted the statement to the National Energy Board, the Certificate of public convenience and necessity (Canadian Dimension, 2004).
During December 2004, the 21-page long list of flaws in the MGP EIS was released by the Joint Review Panel (Canadian Dimension, 2004).
Drivers of change in the Mackenzie Valley Region
It was in the 1970s when the first gas pipeline project was proposed for the Mackenzie Valley. It succeeded the exploration of considerable amount of gas and oil in the North Slope of Alaska that occurred in 1968. A number of important, some smaller, reserves of natural gas were also discovered around the same time in the area of Mackenzie Delta (U.S. Department of Energy, 2005). The gas reserves discovered in Alaska were considered to be sufficient enough to warrant the construction of a pipeline of their own. However, only a few people believed that about the gas reserves of the Mackenzie Delta (Pamela, 2007).
Even then a lot of investments were expended through a collaboration of the Canadian federal government, a number of pipeline development companies, oil firms, hydrocarbon industry and the Government of the Northwest Territories to establish the gas fields in the Mackenzie Delta. These members combined and collaborated to formulate plans for the construction of a pipeline that would enable the transfer of Alaskan gas, alongside the coast of Arctic to the Delta of Mackenzie where later it would be connected with the Canadian gas to flow together in a pipeline alongside the Valley of Mackenzie (Pamela, 2007).
Another application that suggested the establishment of the Alaskan gas recommended constructing a pipeline alongside Trans Alaska oil pipeline which would then go alongside the Alaska Highway and then finally to Alberta. None of the gas pipelines were constructed, even though the Foothills Pipe Lines, Ltd. acquired regulatory permissions for the Project of Alaska Highway Pipeline in the year, 1977. Regulatory review was also carried out over the Mackenzie Valley gas pipeline and was conducted by the National Energy Board and Royal Commission operating under Thomas R. Berger who was the Justice of the Supreme Court in British Columbia in those times (Pamela, 2007).
This regulatory review, which is known in many ways, most popularly as the Mackenzie Valley Pipeline Inquiry or the Berger Inquire, was given the task of establishing the societal, environment-wide and financial influences, region-wise, of the establishment, function and the later extinguishing of the suggest pipeline in the area of Yukon and the Northwest Territories (Privy Council 1974-641, in Berger 1977a). Berger was known for his preference and understanding of wide interpretations related to aboriginal rights (Pamela, 2007).
He has served as the counsel of the plaintiffs in the Calder case which was groundbreaking in many aspects. In 1973, the case was followed by the affirmation of the Supreme Court in Canada to the presence of aboriginal rights with respect to traditional resources and lands that later assisted the government in establishing the foundation for the government's ultimate accord to discuss and address land claims (Pamela, 2007).
In spite of the aforementioned historical support, there is reason to believe that Berger was selected to lead the inquiry of the Mackenzie Valley Pipeline so as to offer a political cover to the project of resource development that the government of Canada wanted to construct, instead of being an independent and unbiased fact investigator (Dacks 1981, 136; McCullum, McCullum, and Olthuis 1977; as cited in Pamela, 2007).
The inquiry of the Mackenzie Valley pipeline continued for almost two years, beginning in early March 1975 and ending in later 1976. Berger is reported to have gathered relevant information from natural scientists along with industry representatives, from social scientists aware of the fact that the communities of Inuit and First Nation would be impacted by the construction of the pipeline. What differentiated this review from the ones that happened before or after it was the fact that this inquiry based its review over thirty five aboriginal rights communicated in the impacted areas and gathered evidences from over a thousand local people about their issues with the proposed pipelines and their lives (Pamela, 2007).
The witnesses of the aboriginal were quite united in their opposition against the pipeline with some of them being quite aggressive about it. However, most or even all of them did not express antagonism. Instead, they vouched their opinion from their own interactions and experience about their societal, cultural based and financial significance of a lifestyle based on subsistence and social inconsistencies they had underwent under the administration of Canada and their apprehensions that the establishment of the pipeline would give way to humungous disruptions. They also maintained that in spite of many modifications, their values, identities, social norms, etc. have proved to be something where they could derive personal security and strength from (Pamela, 2007).
The local evidence gathered was quite successful in opposing the discussions being disseminated among Canadian people and northern administrators that the local identities and values were diminishing. Furthermore, the people were increasingly relying upon the government for support and assistance. Each of the witnesses called for the testimony asserted that they were not reliant nor of insufficient means but maintained that if the pipeline was constructed, they would be forced to become so. This claim of theirs opposed the assertion of those who suggested that the main objective of constructing the pipeline was to facilitate the creation of employment opportunities and financial security for the residents in the north (Pamela, 2007).
A wary review of the report of the Inquiry depicted that Berger was aware that local cultures, society, economic system and identities were multifaceted. He is claimed to have stated that the local community is not stationary. What the local people stated in their testimony during the review must not be taking as a resentment concerning the lifestyle they had to give up but as a request for a chance to make their own future, given their history. Berger stated that the local people are not looking to solidify their past but are looking for ways to be constructive about it (Berger 1977a, Pamela, 2007).
However, the claim that Berger made in his report of two volumes, titled Northern Frontier Northern Homeland (1977a, 1977b) along with most of the assertions depicted in the Inquiry, did not help foster a subtle understanding of the wishes of the native people. For instance, Berger compared the native people with white civilization (1977a, 85), a difference that is reemphasized by the pictures chosen to depict the first volume of the report. These revolve around scenes from the village that consist of dehydrated animal skins, happy but not properly taken care of children and unkempt elders, apparently clear landscapes, wildlife and the outputs of technology of the white civilization (Pamela, 2007).
By observing the pictures, it is quite easy to decide that modernity which is depicted by the availability of electricity was only present in Yellowknife, the territorial capital. Even if the Inquiry depicted that the native people were surrounded by a stable economy, it maintained that the respective economic systems was quite different and definitely identifiable from the rest of the country. According to Berger, the local economy wasn't exactly in view of the white people and so it was usually sidelined (Berger 1977a, 101; as cited in Pamela, 2007).
Berger established eight particular suggestions related to the economic and resource formation in the region of Mackenzie Valley. More significantly, he suggested that the pipeline projected be taken up after ten years so that the aboriginal people would get sufficient time to settle their claims on the land and to secure social and legal protection that would earn them a share in the gains supposed to arise from the development (Pamela, 2007).
Michelle Ivanitz, an anthropologist (1985) is of the view that the testimonies that the Berger Commission collected served to play an important role in altering the discussion about the feasibility and continuity of the cultures in the north. This translated into real implications for the northern administration. After the regulatory review was carried out the, the official policies and plan of integrating the local natives with the Canadian culture was given up (Pamela, 2007).
The Berger Inquiry had huge implications. It convinced the NEB (National Energy Board) to widen the scope of their inquiry of the pipeline project proposal and extend it to cover socio economic effects of constructing the pipeline. Eventually, the application was rejected by the Board in 1977. This inquire also proved to be instrumental in modifying developmental customs existent near the native lands, so that resource development in Canada could not take place without incorporating the views of the impacted aboriginal communities (Pamela, 2007).
The Northern Service of CBC Radio, with Berger's support offered uninterrupted recording and interpretation of the hearings into the local language so the residents in the village were apprised of the claims made by each witness. The southern media also provided sufficient coverage of the hearings (Pamela, 2007).
Berger is reported to have stated that it was attempted to oppose the propensity to consider the Inquiry work as a private matter - something which had occurred a number of times in the past. Therefore, the media including people from the radio, newspapers and televisions were invited to the hearing. All the things that were stated were for the public and the job of the media was to convey all that was said to the intended audience (Berger 1977b, 229; as cited in Pamela, 2007).
The Berger Inquiry was hugely pursued by the Canadians and it impacted public discussion over resource development, energy, aboriginal rights and the environment. It also attracted a lot of public attention, particularly in the hearings. The report of Berger is mentioned as the best circulating record ever printed by the government of Canada (Order of British Columbia 2004; as cited in Pamela, 2007).
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