dfn letter to shell shareholders

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May 15, 2010 Royal Dutch Shareholders C/O Shareholder Relations Royal Dutch Shell plc Carel van Bylandtlaan 30 2256 HR The Hauge PO Box 162, 2501 AN The Netherlands Greetings: My name is Chief Don Testawich. I am the elected leader of the Duncan’s First Nation (DFN) located in north – western Alberta. Our First Nation hosts Royal Dutch Shell’s (Shell) Peace River Tar Sands In – Situ Project. I have been asked to appeal directly to you by the elders, youth and community members of the DFN who wish to inform you about the impact of Shell’s Peace River Tar Sands In – Situ operations and projects on the environment, our people and rights. Specifically, we wish to bring your attention to five critical matters. These include:

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Turtle Island Native Network reportsTar Sands Backlash by First Nations in Albertahttp://www.turtleisland.org/discussion/viewtopic.php?t=7539

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Page 1: DFN Letter to Shell Shareholders

May 15, 2010

Royal Dutch Shareholders

C/O Shareholder Relations

Royal Dutch Shell plc

Carel van Bylandtlaan 30

2256 HR The Hauge

PO Box 162, 2501 AN

The Netherlands

Greetings:

My name is Chief Don Testawich. I am the elected leader of the Duncan’s First Nation (DFN) located in north – western Alberta. Our First Nation hosts Royal Dutch Shell’s (Shell) Peace River Tar Sands In – Situ Project. I have been asked to appeal directly to you by the elders, youth and community members of the DFN who wish to inform you about the impact of Shell’s Peace River Tar Sands In – Situ operations and projects on the environment, our people and rights.

Specifically, we wish to bring your attention to five critical matters. These include:

The impact that Shell’s Tar Sands operations has had on the regional environment and our people over the last twenty five years.

The serious impacts posed by Shell’s newly proposed “Carmon Creek Expansion Project” on the regional environment and our rights.

Page 2: DFN Letter to Shell Shareholders

The need to implement major change in relation to Tar Sands In – Situ operations and projects to protect the environment and the Boreal forest that First Nations depend on.

Shell’s poor social corporate responsibility track record in relation to its Peace River Tar Sands operations, its proposed Carmon Creek Expansion Project and the constitutionally protected rights of the Duncan’s First Nation.

The undisclosed risks posed by Shell and the Government of Alberta’s ongoing failure to protect and address the constitutionally protected rights of the Duncan’s First Nation.

We write to you given that to date, we have utterly failed to have these serious matters addressed by Shell’s senior management and the Government of Alberta. We appeal directly to you as Shell’s shareholders and stakeholders to inform you of the deteriorating situation in the Peace River Tar Sands area of northern Alberta that places our rights and your interests at risk.

Background to the DFN

The Duncan’s First Nation (DFN) are a Cree speaking people who have been present in northern Alberta and western Canada prior to the time of contact with Europeans. The Cree and Beaver people established their own “peace” treaty where our Cree ancestors agreed to occupy the lands to the east of the Peace River, and the Beaver to the west. Shell’s Peace River In – Situ project borrows its name from the river and the very same treaty.

In 1899, the Dominion Government of Canada entered into a sacred, binding and legally enforceable treaty with our people. Treaty #8 covers a large area in north western Canada and sets out the right of our people to continue their way of life, our rights to lands and resources and to share in the benefits of the land with newcomers. The DFN is an adherent to Treaty #8. Shell’s Peace River operations falls within this treaty area.

While the treaty allows governments to grant lands to third parties such as Shell, this “taking up” of lands was to be the exception and not the rule. Enough land of sufficient quantity and quality must remain to sustain fish and wildlife populations that our way of life and treaty rights are predicated upon.

The Supreme Court of Canada, Canada’s highest court, has set out the following directives in relation to the interpretation and protection of First Nation’s Treaty and Aboriginal Rights:

That the Crown (governments) is obliged to honour its sacred treaty commitments and obligations made to First Nations.

Page 3: DFN Letter to Shell Shareholders

That Treaty and Aboriginal rights continue to exist, are constitutionally protected and that First Nations needs in relation to resources must be given priority.

That it is illegal for the Crown or any third party to unjustifiably infringe Treaty and Aboriginal rights.

That the Crown (and by extension proponents such as Shell) must meaningfully consult and accommodate the rights and interests of First Nations. Further, the Crown must address First Nations’ concerns within a demonstrable plan of action prior to approving projects and decisions that risk infringing First Nations’ rights.

That the Honour of the Crown is always at stake in all of its dealings with First Nations and that the treaty obliges governments to achieve reconciliation with First Nations in respect to resource development and management.

That while the Crown bears the duties of consultation, accommodation and reconciliation, third parties such as Shell also play a significant role in respect to these requirements.

That governments must address the direct, indirect, cumulative and consider the past effects of development when considering new projects that could affect First Nations.

That First Nations have the ability to intervene and legally challenge government approvals of major projects such as tar sands projects where their rights, concerns and interests have not been addressed.

While Canada’s domestic laws are still found to be lacking in regards to the true nature of our treaties and our rights, they do establish standards and directives that must be met. The rule of law must be followed and governments and corporations such as Shell are bound to meet the letter of the law and respect the rights of the Duncan’s First Nation.

In parallel, the Duncan’s people also hold themselves to be a nation - an existing indigenous people who retained their ancient lands, original title and sacred responsibilities of protecting and governing these lands via the treaty. Given this they take the view that their free and informed consent is required where developments, like Shell’s Carmon Creek Expansion Project are proposed. Such a view is consistent with principles contained within the United Nations

Page 4: DFN Letter to Shell Shareholders

Declaration on the Rights of Indigenous Peoples, yet to be supported by the Government of Canada.

Historical and Ongoing Impacts of Shell’s Operations on the DFN

Shell’s Peace River In – Situ plant is located within DFN’s traditional territory. (Attached: Map of DFN Traditional Territory and Shell Operations) along the Peace River – the core of DFN’s traditional territory. The plant was originally constructed in 1979. Shell constructed this large In Situ complex in and adjoining oil fields on lands that Duncan’s families historically utilized and attempt to utilize to this day.

Our people hunted caribou, moose, deer, bear, ducks, geese and crane. We trapped many animals including beaver, muskrat, otter, wolverine, squirrel and marten. We fished for many species of fish in creeks, rivers and lakes including trout, northern pike, whitefish, walleye and burbot. We used forest plants for medicines and food. We lived on the land and used the land year round, following the animals.

Although our way of life has changed due to the impacts of industry, the loss of forested lands and creation of Indian Reserves (permanent communities), DFN families continue to utilize and rely on the lands for a variety of sustenance, socio – economic, cultural and spiritual purposes. Many of our families must still hunt to put food on the table. Given the heavy impact of tar sands, oil and gas, forestry and other development on the land, our people are required to utilize the breadth of their traditional territory, travelling greater distances every year..

Due to the sheer amount of development and destruction of habitats and watersheds, there are few areas of intact boreal forest left within our traditional territory. These intact boreal forest areas still offer us the best and only available opportunity to utilize our lands for traditional purposes.

Shell’s Peace River Tar Sands operations heavily impacted one of these areas of critical cultural importance to our people. We wish to provide a summary of the impacts of Shell’s operations on our people and their rights:

The Government of Alberta sold oil sands rights and tenures to Shell to develop without ever consulting the DFN or ascertaining the impact of such development on the DFN.

The In Situ operations and adjoining oil fields were built within a critical community use area and fragmented an important wildlife habitat area that supported our way of life.

Page 5: DFN Letter to Shell Shareholders

Neither the Government of Alberta nor Shell involved DFN people as the In Situ operations and adjoining oil fields were developed or sought to ascertain the effects of such development and operations on the DFN.

Since the Shell plant was built thirty years ago, DFN people have found it increasingly difficult to find wildlife in this area and saw the numbers of moose and caribou drop substantially – they found it hard to exercise their rights in any meaningful way as the years passed by.

The forested habitat of area and wildlife habitat was bisected with seismic lines, wells, pipelines, processing facilities and roads. The opening up of the area contributed to the collapse of wildlife populations. The remaining wildlife still present in the area are weakened and disturbed by the constant noise and activity present in the area.

The area has been so impacted and fouled, that many elders feel there is no more point in going to this area – many see the area as lost to them and that they can no longer use the area to pass on their culture to the next generation.

The DFN have all but lost their right to hunt in Shell’s In Situ area and adjacent oil fields the areas due to safety issues – they cannot reasonably or legally hunt given the infrastructure, above ground pipelines, equipment and personnel constantly present.

Impacts of Shell’s Carmon Creek Expansion Project and Infringement of DFN Rights

Shell is proposing a large expansion of its Peace River In – Situ plant – the “Carmon Creek Expansion Project”. The project will result in 8 – 10 fold expansion in production (80,000 bbl/d). Shell has submitted this project to the Government of Alberta for regulatory approval. This major project will impact an area that has already been heavily impacted by Tar Sands development and the effects on the regional environment and impacts experienced by the DFN will only intensify due to Shell’s expanded project and operations.

Unfortunately Shell and the Government of Alberta have already adopted the view that Shell’s Carmon Creek Expansion Project and Tar Sands In – Situ projects have little to no impact on

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the environment or our rights. Shell and Government of Alberta representatives have taken a cavalier approach and suggest that our people’s concerns are unfounded and our elder’s views misinformed. While the impacts of In – Situ development may be somewhat less when compared to surface mining, In – Situ projects and operations still result in significant impacts on the regional environment, In fact, the combined effect of Tar Sands In – Situ development may have a far greater and widespread impact on the Boreal forest than that of surface mining projects. .

Our experience of Shell’s operations over the past thirty years tells a much different story. Our elders and community members have an intimate knowledge of what the land was like before Shell Tar Sands operations came to our area, and what it is like now. This traditional knowledge is gained and based on direct observations over the years by virtue of being on the land through all seasons of the year. Based on our experience with Shell’s operations, we have seen our lands and rights suffer “the death of a thousand cuts” as a result of Shell’s Peace River In Situ operations. Shell’s proposed Carmon Creek Project will make a bad situation, worse.

In summary, the project will result in significant regional environmental impacts and will irreparably harm and impair the rights of the DFN given the following factors:

In Situ Tar Sands development is more intense and impactful than conventional oil and gas development. If a business as usual approach is adopted in northern Alberta, In Situ Tar Sands development will have a greater and more widespread impact on the Boreal Forest and First Nations that depend on them.

There is no terrestrial cumulative impacts framework to guide tar sands development or regional development with Alberta. EIAs are conducted in the absence of an appropriate cumulative impacts management framework. Alberta’s much vaunted Land Use Framework / Land Use Planning process is already failing to address this critical issue from the outset and address impacts on the treaty rights of First Nations.

While In Situ projects undergo environmental assessments, projects are simply allowed to proceed provided they meet standard industry practices – no projects to date have been substantially modified to address conservation concerns or objectives.

There are two characteristics of significant concern. Disturbances are distributed widely through the project area where the ecological effect of In – Situ development extends

Page 7: DFN Letter to Shell Shareholders

beyond the footprint of the project area into adjacent boreal forest. Further, these disturbances will persist on the landscape for decades.

Forests adjacent to roads, well sites and pipelines are avoided by a variety of mammals and birds due to their sensitivity to human disturbance.

Direct loss and avoidance of habitat results in wildlife population declines and further declines occur once a threshold is reached where the landscape as a whole becomes unsuitable.

Industry’s heavy reliance on reclamation is unfounded and unproven. Some eco-types cannot be restored such as wetlands.

Industry and government claim that impacts of In – Situ are temporary in duration – a development with a 40 year life span will effect several generations of affected wildlife species, thus there may be no breeding populations left for repopulating the sites even if reclamation is indeed successful.

Evidence is mounting that ecological thresholds for many species are already being exceeded at current levels of industrial development in the boreal forest.

Impact on ground water and surface water sources from water takings and re-injection.

Damage to aquatic ecosystems from disruption of natural flow patterns by roads and facilities.

Acidification of area land and water.

Regional contamination of ground and water from waste and drilling fluids.

Conversion of wetlands such as fens and bogs to upland landscapes after reclamation.

Page 8: DFN Letter to Shell Shareholders

Large increase in green house gas emissions with no plan for offsets or sequestration.

These impacts, effects and factors are confirmed by academic and western scientific sources and summarized by the Pembina Institute for Appropriate Development.

The Ongoing Failure to Address DFN Rights, Concerns and Interests

Since we learned of Shell’s intentions and Peace River In Situ expansion plans, DFN has made good faith efforts to engage Shell’s representatives and the Government of Alberta with a view to addressing the grave concerns of our community in relation the project.

To date, neither Shell nor the Government of Alberta have addressed the following relevant and critical issues raised by our community in relation to Shell’s Carmon Creek Expansion Project:

The project will impact an important wildlife habitat area and critical wildlife corridor which provides connectivity for species of critical cultural importance to our people.

The expansion will make it harder for our people to utilize the land and exercise their rights in an area already deeply impacted by prior Tar Sands development.

Contrary to the directives of the Supreme Court of Canada, Shell and the Government of Alberta have failed to address our reasonable issues and concerns. They have erred in ignoring these matters in the early strategic planning phase of the project and within the Terms of Reference that will guide the Environmental Assessment for the project.

DFN has raised the critical issue of the cumulative effects and impact that will arise out of the expansion project and Shell’s ongoing operations. However, both Shell and the Government of Alberta have refused to deal with this fundamental issue, contrary to the legal directives of the Supreme Court of Canada.

Shell and Government of Alberta representatives continue to trivialize the issues and concerns our community brings forward as irrelevant and having no bearing on the expansion project – our issues will be dealt with in some other process, in the future. If the Government of Alberta and Shell’s assertions are true, that the Land Use Framework (LUF) will address the concerns of DFN – then the Carmon Creek Expansion Project should be delayed pending the outcome of the LUF.

Page 9: DFN Letter to Shell Shareholders

The governments of Alberta and Canada are considering legislative and policy change that would fast track and streamline In – Situ Tar Sands project approvals.

While Shell and the Government of Alberta maintains that it is meaningfully consulting the DFN, the reality is that no one is actually doing it. Given this ongoing shirking of responsibility by Shell and government regulators, DFN has taken pre-emptive legal action and is intervening in a case before the Supreme Court of Canada this summer. (Attached – Press Release)

The laws of Canada require that our rights, interests and concerns be addressed within a meaningful process of consultation, accommodation and reconciliation prior to the approval the Carmon Creek Project. Neither the government nor Shell, who plays an important role in court mandated consultations, has met these legal standards.

We regret to inform you that our good faith efforts have not been returned in kind, that our concerns have not been addressed and that your senior management, responsible for forwarding this project, appear intent in running roughshod over our rights. The Government of Alberta continues to take a hands off approach, and allows Shell senior management to continue to ignore our legitimate concerns and rights. While DFN will appeal to regulators for their assistance, DFN feels that it must also appeal directly to you as shareholders and stakeholders of Shell.

DFN Views of Consequences of Tar Sands Development

In this letter we have attempted to enlighten you on the regional and local impacts resulting and from Shell’s Tar Sands Peace River operations and expansion plans. The DFN, as a hosting First Nation, has borne a disproportionate balance of the impacts. Other area First Nations have also felt and had to live with the consequences of your operations such as the Lubicon Nation and is people.

While the DFN are not opposed to resource development, we believe that it must be sustainable where the needs of future generations are met. Our people share similar concerns with other First Nations regarding the sheer scope, impact and implications of unfettered Tar Sands development. Governments, industry and corporate shareholders must act now to bring about the required changes to address the local, national and global implications of the Alberta’s Tar Sands Surface Mining and In – Situ projects and operations.

In our view, until corporations such as Shell and the Government of Alberta deal with the risks and negative impacts and consequences posed by Tar Sands development on the environment

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and First Nations’ rights, new developments such as the Carmon Creek Expansion Project should be halted.

We would also ask Shell shareholders to hold its senior management to account. In this case, Shell should be required to adopt the precautionary principle and satisfy its shareholders, governments and the public that bitumen resources can be brought to market in a safe, sustainable and just manner. They have failed to do so to date.

The Consequences of Failure to Address DFN Rights and Interests

The DFN has provided constructive notice and evidence to Shell senior management and the Government of Alberta of its rights and interests within the Carmon Creek Project area and how these will potentially be impacted by Shell’s operations and expansion plans.

The duty for deep consultation, accommodation and reconciliation has been triggered. Shell senior management is now bound to fully disclose this information and the potential risks to its shareholders and stakeholders. DFN asserts that Royal Dutch Shell’s Peace River In – Situ operations and its proposed Carmon Creek project will impact on the DFN people and infringe their rights. DFN has attempted to engage in the consultation process in good faith and a constructive and reasonable manner. However, the Government of Alberta and Shell have both frustrated the consultation process and have avoided in dealing with the both the procedural and substantive issues that DFN has raised.

DFN has documented this ongoing pattern of behaviour and sharp dealings that Shell senior management have engaged in respect to this project. While the Government of Alberta bears the duty to consult and accommodate, Shell’s role and conduct within the consultation and accommodation process is an important factor. Shell’s ongoing pattern of behaviour points to a corporation that is contributing to the frustration of the consultation process.

Given the stance and conduct of the Government of Alberta and Shell, DFN has initiated pre-emptive legal action and is currently intervening in a case before the Supreme Court of Canada. The case will be heard on May 21st, 2010 and the outcome of this case will have a direct bearing on Shell’s Carmon Creek Project and the role of Tar Sands project regulators and project proponents. (See attached News Release circulated to Canadian and US media outlets)

The ongoing failure to address the concerns of the DFN and failure to meaningfully consult and accommodate and effect reconciliation poses several possible consequences to Royal Dutch Shell and its shareholders:

Page 11: DFN Letter to Shell Shareholders

DFN intervention with Alberta’s Energy Conservation Resources Board and the holding of public hearings into the Carmon Creek Project. The DFN has applied for intervener status and intends to raise both procedural and substantive matters before the Board.

Should Shell, the Government of Alberta and project regulators fail to address the concerns of the DFN, there is the potential for DFN to launch court action challenging the Carmon Creek Expansion Project based on administrative, common law and constitutional law principles. This could result in significant project delays and stranded investment.

Potential breach of duties of where Crown would be found responsible for infringing the rights of the DFN.

Potential legal action / class action suit to address damages resulting from the Peace River Tar Sands operations where Royal Dutch Shell and shareholders could be found liable.

Potential for consumer boycott of synthetic bitumen oil produced by Shell and considerable harm to Shell’s corporate profile.

Closing

The Duncan’s First Nations community thanks you for your time and consideration in this critical and pressing matter.

There is an expression that we hear with increasing frequency in First Nations communities within Canada and Alberta’s north these days - “Get the Shell Out”. We can understand how and why this phrase has come into use given our experience with Shell to date. However, we believe that there is still time and the opportunity to deal with the issues we have raised through peaceful and constructive means. Environmental and social change must be truly adopted and achieved on the land and in our lives, rather just on paper if Shell is to be welcomed as a corporate citizen within our traditional territory.

The elders, youth and community members of the Duncan’s First Nation ask that you consider the historical, ongoing and future impact of Royal Dutch Shell’s operations on the environment,

Page 12: DFN Letter to Shell Shareholders

our people and our rights. We appeal to you, not merely as shareholders and beneficiaries of Shell’s operations, but as fellow members of the human race to understand and take responsibility for the investment and value decisions that you will make this year and years to come.

Yours in Peace and Respect,

ORIGINAL SIGNED

Chief Don Testawich

Duncan’s First Nation

CC: Elders and Community Members of Duncan’s First Nation Chief Rick Horseman: Horse Lake First Nation

Chief Benard Ominiyak: Lubicon Nation Chief Alphonse Lameman: Beaver Lake First Nation

Chief Roxanne Marcel: Mikisew Cree First Nation Chief Alan Adam: Athabascan Chipewyan First Nation

Mr. Peter Voser: CEO Royal Dutch plc Premier Ed Stelmach: Government of Alberta

Prime Minister Stephen Harper: Government of Canada SAM Indexes GmbH: Dow Jones Sustainability Index

Indigenous Environmental Network Friends of the Earth

Pembina Institute for Appropriate Development Environmental Defence

Green Peace Sierra Club of Canada

Page 13: DFN Letter to Shell Shareholders

Attachments: Map of DFN Traditional Territory and Shell River Peace River In Situ

Page 14: DFN Letter to Shell Shareholders

Attachments

View of Existing Shell Peace River Tar Sands Project in DFN Territory

Page 15: DFN Letter to Shell Shareholders

View of Persisting Impacts of In – Situ Development (South of Ft. MacMurray)

Impacts to Boreal Forest from Oil and Gas Development

Page 16: DFN Letter to Shell Shareholders

In Situ Above Ground Pipelines Fragment Forest Landscape

Page 17: DFN Letter to Shell Shareholders

Shell’s Carmon Creek Expansion Will Increase Production to 80,000 bbl/d and Further Impact and Fragment Important Wildlife Corridor and a Critical Cultural Use Area of the DFN

In Situ and Heavy Oil Operations Impacting First Nation Use of Land and Treaty Rights

MEDIA NEWS RELEASE

Alberta First Nations Take Legal Stand on Oil Sands

April 9, 2010

Peace River Alberta

Two more Alberta First Nations are seeking the assistance of the Supreme Court of Canada in defending their Aboriginal and Treaty rights in the face of mounting oil sands development in Alberta. The Supreme Court of Canada has granted intervenor status to Duncan’s First Nation (DFN) and Horse Lake First Nation (HLFN), in a case that may have major legal implications for the development of oil sands, pipelines, oil sands infrastructure projects and other major projects.

DFN Chief Don Testawich stated, “Our traditional territory is being overrun and cut to pieces by oil sands, major pipelines, gas fields and major power projects. Companies such as Royal Dutch Shell, Trans Canada Pipelines and Bruce Power are proposing massive projects that will fuel unsustainable oil sands growth. Development on this scale will is making our Treaty Rights meaningless and threatens our traditional way of life”.

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Chief Testawich added, “The governments of Alberta and Canada sit back and refuse to address our concerns. We are intervening before the Supreme Court because it is abundantly clear that neither the environment nor First Nations can expect to receive a fair hearing within Alberta, where oil sands revenues are at stake. We need help now and help fast”.

This summer, the Supreme Court will hear conflicting arguments and views of First Nations, governments and industry in the Rio Tinto Alcan Inc. v. the Carrier Sekani Tribal Council case. The case will address the question of whether regulatory boards and tribunals, such as the National Energy Board (NEB) and Alberta’s Energy Conservation and Resources Board (ECRB), have a duty to decide whether the Crown adequately consulted and accommodated First Nations’ concerns before granting approvals for resource development, including concerns about past infringements of Aboriginal and Treaty rights.

The NEB and ERCB regulate, among other things, development of the oil sands, pipeline projects and other energy projects that support oil sands developments. The DFN and HLFN are intervening at the Supreme Court of Canada because of their concerns over the growing number of oil sands developments and major energy projects that will make oil sands expansion realizable. The DFN and HLFN want the Court to direct governments and regulators to fully and effectively address the consultation rights of First Nations in the regulatory processes for the major oil sands and tar sands infrastructure projects being proposed by Royal Dutch Shell, Trans Canada Pipelines, Enbridge, Bruce Nuclear Power and other corporations.

The First Nations have opted to take this matter to the courts because of their mounting frustration over the refusal by the governments and their regulators to act on earlier court decisions that direct governments to deal with their rights.

Chief Rick Horseman of the HLFN added, “To date, it’s been like watching a game of musical chairs where everyone is saying they are addressing our concerns, rights and interests but no one actually gets down to it and does it. We need a referee in Alberta that will deal with First Nations in a serious and impartial way and blow the whistle when our rights are being trampled”.

DFN and HLFN MEDIA CONTACTS

Mr. Jay Nelson: Woodward and Company (250) – 383 - 2356

Ms. Audrey Horseman: Horse Lake First Nation (780)518-5179

Mr. Matthew General: Duncan’s First Nation (780)597-3777

The Oil Sands: An Interconnected and International Project in Scope Impacting the Rights of First Nations

Page 19: DFN Letter to Shell Shareholders
Page 20: DFN Letter to Shell Shareholders

DUNCAN’S FIRST NATION MEDIA RELEASE

First Nations and Tar Sands Industry Clash in the Courts and the Hague

May 25, 2010

“We may be a small community, but we carry a big stick”, says Chief Donny Testawich of the Duncan’s First Nation, one of the many Treaty #8 First Nations located within the tar sands producing areas of northern Alberta. This week, the small Cree community walked into Canada’s top court and the Hague Netherlands to take on the Government of Alberta and Royal Dutch Shell over the impacts of tar sands developments and trampling of their Constitutionally protected Rights.

The Duncan’s First Nation and the Horse Lake First Nation’s lawyer presented at the Supreme Court of Canada’s hearing in the matter of the Carrier Sekani and Rio Tinto case – a case that will determine how Canada’s energy regulators are to deal with the conflict between First Nations’ rights and major energy projects such as the Tar Sands.

The two First Nations are representative of a growing number of First Nations opting to take on Alberta, Canada and the tar sands industry in the courts and on the home turf of the world’s most powerful oil corporations. Testawich adds, “First Nations are tired of Alberta’s “song and dance about how they responsibly regulate the oil industry and protect the environment and our rights. The reality is that there are two environmental oil related disasters unfolding in North America today – the Gulf spill and that caused by Alberta and its “results based”, hands off approach with the tar sands industry. It is clear to us that the emperor is not wearing any clothes. We have nothing to lose at this point but to pick up the stick - our constitutionally protected rights, and take them into Canada’s courts.”

At the same time this week, the Duncan’s took action in Europe. A group of Alberta First Nations arranged access to Royal Dutch Shell’s AGM in the Hague Netherlands with the assistance of the Indigenous Environmental Network and Friends of the Earth Europe.

Representatives of the Duncan’s, Beaver Lake, Chipewyan Athabascan, Mikisew and the Lubicon Nations addressed Shell’s CEO, investment firms and shareholders on the impacts of the tar sands mining and In – Situ projects on First Nations communities and their rights. Chief Don Testawich confirms “the constitutionally protected rights and unresolved concerns of First Nations pose a significant risk to Shell and its investors’ interests that will result in delayed and halted projects and stranded investment”. The Duncan’s issued a letter to Shell shareholders briefing them of the impacts and risks associated with the cumulative impact of Shell’s operations, its proposed Carmon Creek Expansion In Situ Project, and a growing list of major energy projects that will fuel and make full out Tar Sands expansion realizable.

For Further Information Contact and Media Package Contact: Chief Don Testawich:

DFN (780) 597 – 3777 or Ken Rich: DFN (780) 625 - 4750