Concerns over U.S.-owned pipeline project as American threats to Canadian sovereignty cast new light on historic treaty alliances
Ohsweken, ON – The Haudenosaunee Development Institute (HDI) is demanding a stop to archaeological work tied to a proposed oil pipeline replacement project near the Niagara River, warning that the project threatens established treaty rights and raises serious questions about Canada’s obligations to its longstanding Haudenosaunee allies.
Westover Express Pipeline Limited is advancing the proposed Project Cascade – Line 10 Pipeline Replacement project, which involves replacing two sections of an existing crude oil pipeline crossing the East and West Branches of the Niagara River.
HDI says the project is moving forward without the meaningful consultation and engagement required to address its potential impacts on Haudenosaunee treaty lands and interests.
“The Haudenosaunee have established treaty rights that predate Canada itself. Those rights cannot simply be ignored because a company wants to move a pipeline project forward,” said Aaron Detlor, legal counsel for HDI. “We have made it clear that archaeological work cannot proceed on lands where we hold the right to grant or withhold consent until an appropriate engagement process has been established.”
HDI has also raised serious concerns about the proposed use of Section 214 of the Canada Energy Regulator Act (2019), which it believes is inappropriate for a project with potentially significant impacts on established treaty rights.
HDI states that Section 214 must not be used to limit scrutiny of the project or avoid the Crown’s constitutional obligations to the Haudenosaunee.
The project also raises broader questions about Canada’s national interests and its historic relationship with the Haudenosaunee.
HDI notes that Westover is associated with United Refining Company and the Red Apple Group, controlled by American businessman John Catsimatidis, a prominent supporter of U.S. President Donald Trump.
At a time when Trump has threatened Canadian sovereignty and suggested Canada should become the 51st American state, HDI questions whether Canada should facilitate an oil pipeline project benefiting American business interests without first addressing the rights of its historic treaty allies.
“The Haudenosaunee have stood as treaty allies of the Crown for centuries,” said Detlor. “It is extraordinary that Canada would contemplate allowing a pipeline to cross our treaty territory to benefit American interests while the United States threatens their sovereignty. These are legitimate issues that must be considered as part of the project’s cumulative impacts.”
HDI says it was not consulted about Westover’s 2023 acquisition of approximately 105 kilometres of pipeline and has never provided consent for the pipeline’s operation within its traditional and treaty territory.
HDI is demanding a comprehensive engagement process that includes meaningful participation in regulatory decisions, adequate funding to assess impacts, archaeological monitoring, and discussions regarding potential revenue sharing.
HDI has also questioned whether the proposed regulatory approach is consistent with Canada’s commitments under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), including protections for Indigenous cultural heritage and the right to participate in decisions affecting traditional lands.
“Canada cannot claim to respect Indigenous treaty rights while allowing major infrastructure projects to proceed without the meaningful involvement of the rights holders,” said Detlor. “The honour of the Crown requires more than a notification letter. It requires genuine engagement and respect for our treaty relationship.”
HDI has advised Westover that it will not consent to archaeological work on lands where it holds the right to grant or withhold consent until an appropriate engagement process has been established.
HDI is seeking an immediate meeting with Westover to address its concerns and establish a process that respects Haudenosaunee rights and interests.