The Indigenous blockade at a Parks Canada dam project in Burleigh Falls, Ont., ended Wednesday.
On Jan. 12, 2021, members of the Kawartha Nishnawbe First Nation erected a blockage at the Parks Canada dam site to prevent further reconstruction of the dam which started a day earlier.
The First Nation members claim they were never consulted on the project which lies in the treaty area of the Mississagua’s of Kawartha Nishawbe in Burleigh Falls, about 30 kilometres north of Peterborough and adjacent to Curve Lake First Nation. The dam separates Lower Buckhorn Lake and Stoney Lake.
“As a First Nation community, the law is very clear — Canada has a solemn duty to consulate with Kawartha Nishnawbe before undertaking or approving any project which could impact on our rights,” said Nodwin Webb, a Kawartha Nishnawbe councillor, last month. “Parks Canada is clearly acting illegally by refusing to consult with us.”
On Wednesday the group said they have received a written confirmation from Parks Canada on Tuesday evening stating that the government would conduct proper consultations before continuing the project.
The group of residents left the site on Wednesday, however, their barricades remain in place at the worksite to ensure Parks Canada lives up to its agreement, Webb told Global News Peterborough on Thursday.
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On Jan. 20, Parks Canada responded to inquiries from Global News Peterborough, stating officials offered to meet with the First Nation on the dam replacement project both in 2016 and “more recently to understand their concerns regarding the potential impacts of the project.”
“Parks Canada remains available to do so and hopes to connect in a meaningful way through this process,” stated David Britton, Parks Canada’s director of Ontario waterways, at the time.
The Burleigh Falls dam, adjacent to Lock 28 as a part of the Trent-Severn Waterway, was built in 1912. Parks Canada says engineering inspections in recent years have identified the “declining condition” of the dam. Construction was expected to be completed in the late summer of 2024.
“A significant void at the base of the dam undermines the dam’s structural integrity, and is cause for concern regarding both public safety, and the protection of properties and species, including an important Walleye fishery,” said Britton.
“Concrete strength inspections have showed deterioration beyond what is deemed acceptable. These factors indicate that the dam is at or nearing the end of its useful life, and requires a major intervention. Parks Canada is proceeding with a full replacement of the dam, following the current phase of construction that will first stabilize the existing dam.”
Britton says Parks Canada also met with Curve Lake First Nation and the other Williams Treaties First Nation on Phase 1 of the project and has arranged mitigation measures, including on-site monitors, to address their concerns.
“Parks Canada continues to meet with Curve Lake First Nation and the other Williams Treaties First Nations on the upcoming phases of work for the Burleigh Falls dam replacement project and are working together to develop fisheries monitoring and mitigation plans,” he said.
Last month, Curve Lake First Nation Chief Emily Whetung said many members harvest in the waters or near the Burleigh Falls dam. She said the First Nation’s goal in the consultation process with Parks Canada was to protect the impacts on the species harvested.
“The protection of the species in this area benefits everyone, regardless of their membership in any given community,” she said in a statement. “We recognize that the complicated history of the Kawartha Nishinabe, their relationship to the land at Burleigh Falls, and their assertion with the federal government and we respect that they have an independent perspective.
“However, the Burleigh Dam is located within the recognized pre-Confederation and Williams Treaties Territory and we feel a responsibility to protect the environment and species in the area as the reconstruction project moves forward.”
Britton says no further comment will be made at this time as Kawartha Nishnawbe have ligation before the court related to their asserted rights.
“Parks Canada is leading important infrastructure work across the Trent-Severn Waterway and has engaged with many stakeholders and communities over the last number of years,” he said.
“Dedicated public liaisons are assigned to this significant portfolio of work, who connect with individuals directly through public meetings, personal discussion, web, social media, and project updates.”
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