Michigan’s Tribal Nations Respond to Canada’s Move to Invoke 1977 Pipeline Treaty

Michigan’s Tribal Nations are responding after the Canadian government attempted to use a 1977 pipeline treaty to keep Line 5 open.

The Tribal Nations issued the following statement Tuesday:

“As Tribal Nations, including those of us with treaty rights in the Straits of Mackinac, we are deeply dismayed by the Government of Canada’s attempt to use a 1977 pipeline treaty to thwart the protection of the Great Lakes and the preservation of our own treaty rights and way of life.  Tribal Nation’s treaty rights in this area predate and supersede any of Enbridge’s interest, including any rights the Government of Canada or Enbridge may claim are vested by treaties, easements, and their subsequent orders.

Prime Minister Trudeau’s refusal to safeguard the Great Lakes is deeply disappointing. The Canadian government’s actions are reminiscent of its long history of mistreatment of its own First Nations, despite Trudeau’s promises to rectify this legacy of harm and exploitation. By doubling down on fossil fuels, Trudeau also contradicts his public relations efforts to be seen as a climate champion.

While Canada points to the 1977 treaty, we have our own treaties that predate this treaty by more than 100 years. When we ceded the lands that became the State of Michigan, we reserved the rights to fish, hunt, and gather in the ceded territories, including in the Straits of Mackinac.   Although we know the State of Michigan acknowledged the threat that Line 5 poses to our treaty-protected rights when it revoked and terminated the easement for Line 5 to cross the Straits of Mackinac, it is time to see a serious commitment from the United States and the State of Michigan to protect those treaty rights. 

The promises of these treaties have too often been broken, but we are still here today to fight for their vindication. We call on the Biden Administration to honor its commitment and stand with the tribal nations in our fight to protect the Straits of Mackinac.”

Michigan Attorney General Dana Nessel also shared her thought’s on the move by Canada:

“I am disappointed that Canada continues to align itself with Enbridge’s desire to keep using Michigan-owned lands to pump oil through the heart of the Great Lakes, threatening our most precious public resources. This treaty is not relevant to the question now pending before the court.”