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Issue 152

Trickle Down
by Maggie Flynn

The following text accompanies seven pages of research in graphical form visualizing the impacts of relationships between extractive industries and the cultural sector in Canada.
Project by Maggie Flynn
Design by Krishna Balakrishnan


A quick reading of this work might induce scorn toward certain entities. But mining, oil, and gas companies work within the system offered to them by the government of Canada. And when companies are caught stepping out of bounds of the law, the resulting fines pale in comparison to their profits. In other words, every piece of bad news in this work is enabled by this nation’s legal and regulatory environment.

With this in mind, how do the choices made by Canadian museums, galleries, and art festivals to partner with extractive industries shape culture in Canada? How do the relationships between cultural institutions, extractive industries, Indigenous communities, workers, and ecosystems contribute to belief systems that influence economic choices, political will, and legislation?

Corporate sponsorships are mutually beneficial agreements between non-profits and corporations. When cultural institutions partner with a mining or oil company, they promote a hospitable environment for extractive industries. Agreements require deliverables from the non-profit, usually leveraging their audiences as targets for the sponsor’s messaging. When the sponsor is a soap company, they’re trying to sell more soap. When the sponsor is a petroleum company, though, I don’t believe they are trying to get consumers to use more gas or plastic. I think they need the average voter to see the company as a friendly face whose projects don’t need to be scrutinized, in an industry that doesn’t need to be too closely regulated.

I’m not suggesting conspiratorial motives coming from behind closed doors; I’m describing very mainstream ways that philanthropy functions in Canada. There’s a national organization, Business / Arts, whose mission is to “build strong lasting partnerships between the arts, business and government in Canada.”1 This mission could theoretically be fulfilled without artwashing the activities of irresponsible companies. But having completed the two levels of training by Business / Arts, I can confirm there were no resources (even when I asked for them) to help arts professionals determine the appropriateness of lending the sway of their institution to the reputation repair of a given corporation. Non-profit board members and staff need to assess whether a sponsorship is worth the revenue if it damages the esteem given to the institution by their audience. This is difficult to do, especially when, for example, a C-suite executive of the sponsoring corporation is on the board.

It is not a realistic objective for cultural institutions to say there is no dirty
money in their budget. I can’t even say there is no dirty money in my pocket. In a country where historical and contemporary colonialism has been financed by all of the national banks, uncontaminated dollars are scarce.

Rather, I’d propose that cultural institutions choose not to assist companies in obscuring their records of environmental and human rights abuses by offering them positive brand association. In particular, it seems important for cultural institutions attempting reconciliation with Indigenous communities not to partner with companies that are, for example, waging legal battles against Indigenous peoples’ inherent rights.

Cultural institutions have the power to establish new norms, but we need to make changes rather than carry on with dated fundraising strategies. Such changes may include accepting that the bottom line must shift in order to prioritize institutional integrity. However, we can also hold space for the possibility that by reallocating the energy dedicated to cultivating and stewarding certain corporate relationships, institutions might actually find a stronger return on investment elsewhere. A few propositions for practices to adopt:

- Redirect the time of fundraising staff to seek sponsorship from companies who pay living wages, who take responsibility for their supply chains, and whose business models don’t depend on displacing Indigenous people or the irreversible destruction of ecosystems.

- Create institutional policies that outline criteria for when a corporate sponsor is considered in conflict with the institution’s vision. Make space for Indigenous staff, board members, and community stakeholders to shape such policies, be part of decision-making, and receive appropriate compensation for their knowledge and labour.

- Shift philanthropy norms away from expectations of acclaim. Make it gauche to name a role, project, gallery, or building after a corporation or wealthy person. Make it exciting to involve diverse stakeholders in establishing a meaningful name, and/or more dignified forms of exchange. Celebrate anonymous donors loudly.

- When a non-profit board member is also a corporate director or a high-level executive, ensure that the registration summary of their company’s in-house and consultant lobbyists is provided to fellow board members, to consider whether the member’s impartiality may be compromised on certain subjects.

There is enough brilliance in the arts community—among cultural workers, artists, audiences—to imagine many more ways to cultivate better practices in fundraising and board governance. But leadership needs the will to listen and enact change. In the meantime, cultural institutions that have no standards for their corporate sponsors should expect scrutiny.

Notes on Process: Every relationship represented in this flow chart is more complex than could be contained in these pages. As a settler making work about an industry that disproportionately impacts Indigenous communities, I prioritized information coming directly from leadership or grassroots groups of affected communities. While many instances noted in this work involve clear damage caused by extractive industries, not all examples are meant to be cast in the same light. In particular, I felt it important not to ignore Impact Benefit Agreements between Indigenous nations and extractive companies when they came up in my research. I have no value judgement on such agreements, because I support Indigenous self-determination, full stop. As within any community, contrasting opinions may exist, even when such agreements are in place. To understand the perspectives of those on the ground, a deeper engagement is required.

The following citations correspond to the annotations in Trickle Down, by Maggie Flynn.

1. Edith Argüelles, “Tribunal federal ordena a Semarnat anular permiso a Minera San Xavier,” La Jornada, October 30, 2009, https://www.jornada.com.mx/2009/10/30/index.php?section=estados&article=035n1est.

2. Frente Amplio Opositor, “Mexico to Shut Down New Gold’s Cerro de San Pedro Mine – Canadian Parliamentarians and Mexican Congress members urge company to comply with the law,” MiningWatch Canada, November 12, 2009, https://miningwatch.ca/news/2009/11/12/mexico-shut-down-new-gold-s-cerro-de-san-pedro-mine-canadian-parliamentarians-and.

3. Darcy Tetreault, “Resistance to Canadian Mining Projects in Mexico: Lessons From the Lifecycle of the San Xavier Mine in San Luis Potosí,” Journal of Political Ecology 26, no. 1 (February 2019), 96, https://www.researchgate.net/publication/331284665_Resistance_to_Canadian_mining_projects_in_Mexico_lessons_from_the_lifecycle_of_the_San_Xavier_Mine_in_San_Luis_Potosi.

4. Vicente Juárez, “Trece intoxicados por contaminación causada por Minera San Xavier en SLP,” La Jornada, May 29, 2014, https://www.jornada.com.mx/2014/05/29/estados/033n1est.

5. “Appendix E 2017 Public Consultation Table,” New Gold, May 2021, https://sustainability.newgold.com/wp-content/uploads/2021/05/2017-AppendixE-Public-Consultation-Record.pdf.

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12. Dom Phillips, “Brazil Dam Disaster: Firm Knew of Potential Impact Months in Advance,” The Guardian, March 21, 2018, https://www.theguardian.com/world/2018/feb/28/brazil-dam-collapse-samarco-fundao-mining.

13. Samantha Pearson, Luciana Magalhaes, and Patricia Kowsmann, “Brazil’s Vale Vowed ‘Never Again.’ Then Another Dam Collapsed,” The Wall Street Journal, December 31, 2019, https://www.wsj.com/articles/brazils-vale-vowed-never-another-dam-collapse-then-an-even-worse-one-11577809114.

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17. Sean Kolenko, “Teck Metals Fined $210,000 for Releasing Sodium Hydroxide in Columbia River,” Business in Vancouver, November 5, 2013, https://biv.com/article/2013/11/teck-metals-fined-210000-for-releasing-sodium-hydr.

18. Darcy Wintonyk, “Mining Company Fined $115,000 for Chemical Spill,” CTV News, December 3, 2009, https://bc.ctvnews.ca/mining-company-fined-115-000-for-chemical-spill-1.460911.

19. Judith Lavoie, “Teck Resources Pegged With $8 Million Fine for Toxic Smelter Pollution of Columbia River,” The Narwhal, September 21, 2018, https://thenarwhal.ca/teck-resources-pegged-with-8-million-fine-for-toxic-smelter-pollution-of-columbia-river/.

20. Ainslie Cruickshank, “Teck Fined $60 Million for Water Pollution in B.C.’s Elk Valley,” The Narwhal, March 26, 2021, https://thenarwhal.ca/bc-teck-fined-60-million-selenium-fisheries-act/.

21. “Ktunaxa Nation Council Statement on Fisheries Act Charges Against Teck Coal Limited,” Ktunaxa Nation, March 26, 2021, https://www.ktunaxa.org/wp-content/uploads/Elk-Valley-Media-Release.pdf.

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23. Above Ground and Justiça Global, 15.

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25. Yamana Gold, Yamana Annual Report 2019, (Toronto, ON: Yamana Gold, 2019), 49, https://s28.q4cdn.com/334653565/files/doc_financials/2018/ar/Yamana-AR19_FINAL-for-website_24-03-20.pdf.

26. Julián Raso, “Dieciocho años de lucha: un pueblo que hace historia,” No a la Mina, December 2, 2020, https://noalamina.org/argentina/chubut/item/44603-dieciocho-anos-de-lucha-un-pueblo-que-hace-historia.

27. Yamana Gold, 49.

28. “Chubut Governor Repeals Mining Law, Vows Public Vote After Days of Protests,” Buenos Aires Times, December 12, 2021, https://www.batimes.com.ar/news/argentina/chubut-governor-repeals-mining-law-vows-public-vote-after-days-of-protests.phtml.

29. “Exploration,” Yamana Gold, accessed June 13, 2022, https://www.yamana.com/English/portfolio/exploration/default.aspx.

30. “Advancing Projects,” Yamana Gold, accessed June 13, 2022, https://www.yamana.com/English/portfolio/advancing-projects/Wasamac/default.aspx.

31. “Mining project MARA, Argentina,” Global Atlas of Environmental Justice, https://ejatlas.org/print/agua-rica-andalgala-catamarca-argentina.

32. “Contaminación: la Justicia suspendió la Actividad en la mina Bajo La Alumbrera,” El Federal, July 18, 2017, https://www.elfederal.com.ar/contaminacion-la-justicia-suspendio-la-actividad-en-la-mina-bajo-la-alumbrera/.

33. Cole Robertson, “Alumbrera, Producer of Riches, Poison and Corruption,” The Tyee, September 18, 2009, https://thetyee.ca/News/2009/09/18/Alumbrera/.

34. “El contrabando minero de una sola empresa es de 8.267 millones de dólares al año,” Conclusion, February 22, 2021, https://www.conclusion.com.ar/politica/economia/el-contrabando-minero-de-una-sola-empresa-es-de-8-267-millones-de-dolares-al-ano/02/2021/.

35. Darío Aranda, “Un stop a la megaminería,” Página 12, September 12, 2016, https://www.pagina12.com.ar/diario/sociedad/3-309169-2016-09-12.html.

36. “Andalgalá: alerta corte selectivo contra Agua Rica,” No a la Mina, March 24, 2021, https://noalamina.org/argentina/catamarca/item/45152-andalgala-alerta-y-corte-selectivo-contra-agua-rica.

37. Caroline Desbiens and Bastien Sepúlveda, “Pekedamkam: Frontierism and the Unearthing of Indigenous Landscapes in Val-d’Or, Canada,” Journal of Historical Geography 65 (July 2019), 59–60, https://www.sciencedirect.com/science/article/abs/pii/S0305748817301342.

38. “Malartic, Quebec,” Native Land, accessed June 13, 2022, https://native-land.ca/.

39. “Largest Gold Mine in Canada Settles With Affected Citizens Out of Court,” MiningWatch Canada, October 15, 2019, https://miningwatch.ca/news/2019/10/15/largest-gold-mine-canada-settles-affected-citizens-out-court.

40. “INV Metals’ Loma Larga Project Acquired by Canadian Company With Toxic Environmental Record in Eastern Europe and Africa,” MiningWatch Canada, August 6, 2021, https://miningwatch.ca/blog/2021/8/6/inv-metals-loma-larga-project-acquired-canadian-company-toxic-environmental-record.

41. “Overwhelming ‘No’ Vote in Southern Ecuador Referendum Targets INV Metals Project,” MiningWatch Canada, April 3, 2019, https://miningwatch.ca/blog/2019/4/3/overwhelming-no-vote-southern-ecuador-referendum-targets-inv-metals-project.

42. “Ecuadorian Communities Welcome IAMGOLD’s Retreat, Warn INV Metals There’s No Social Licence for Quimsacocha,” MiningWatch Canada, June 22, 2012, https://miningwatch.ca/news/2012/6/22/ecuadorian-communities-welcome-iamgold-s-retreat-warn-inv-metals-there-s-no-social.

43. “Overwhelming Vote in Southern Ecuador Sends Strong Message to Mining Companies,” MiningWatch Canada, February 11, 2021, https://miningwatch.ca/blog/2021/2/11/overwhelming-vote-southern-ecuador-sends-strong-message-mining-companies.

44. “IAMGOLD Announces Filing of Early Warning Report in Connection with Dundee Precious Metals’ Proposed Acquisition of INV Metals,” IAMGOLD, May 31, 2021, https://www.iamgold.com/English/investors/news-releases/news-releases-details/2021/IAMGOLD-Announces-Filing-of-Early-Warning-Report-in-Connection-with-Dundee-Precious-Metals-Proposed-Acquisition-of-INV-Metals/default.aspx.

45. “Operations,” IAMGOLD, accessed June 13, 2022, https://www.iamgold.com/English/operations/guidance/default.aspx.

46. Caroline Desbiens and Bastien Sepúlveda, “Pekedamkam”

47. “Malartic, Quebec,” Native Land, https://native-land.ca/

48. “IAMGOLD to Proceed with Construction of the Côté Gold Project in Ontario, Canada,” IAMGOLD, July 21, 2020, https://www.iamgold.com/English/investors/news-releases/news-releases-details/2020/IAMGOLD-to-Proceed-with-Construction-of-the-Ct-Gold-Project-in-Ontario-Canada/default.aspx.

49. Business / Arts, La Placa Cohen, and Nanos, Culture Track: Canada, (Toronto, ON: Business / Arts, 2018), 42, https://www.businessandarts.org/wp-content/uploads/2018/07/CT-Canada-Report.pdf.

50. Danielle Kaeding, “‘This Valve Had Been Known to Leak’: Documents Show Superior Oil Refinery Knew About Equipment Issues Years Before 2018 Explosion,” Wisconsin Public Radio, May 3, 2022, https://www.wpr.org/valve-had-been-known-leak-documents-show-superior-oil-refinery-knew-about-equipment-issues-years.

51. Danielle Kaeding, “Superior Residents File Class Action Lawsuit Against Husky Energy,” MPR News, September 4, 2018, https://www.mprnews.org/story/2018/09/04/wpr-superior-residents-file-class-action-lawsuit-against-husky-energy-after-explosion.

52. “Land Acknowledgement,” The Wisconsin Union, https://union.wisc.edu/about/land-acknowledgement/

53. Lee Wilson, “First Nations in B.C. fighting Rio Tinto to Save Nechako River and Fishery,” APTN News, June 25, 2020, https://www.aptnnews.ca/featured/first-nations-in-b-c-fighting-rio-tinto-to-save-nechako-river-and-fishery/.

54. Betsy Trumpener, “B.C. First Nation Chief Wants Alcan to Take Down the Kenney Dam,” CBC News, November 18, 2019, https://www.cbc.ca/news/canada/british-columbia/rio-tinto-alcan-sued-by-indigenous-bands-over-nechako-river-dam-1.5363820.

55. “Saik’uz and Stellat’en First Nations Back in Court to Save the Nechako River and Its Fisheries,” Saik’uz First Nation, October 16, 2019, https://www.saikuz.com/events/newspress-releases/saikuz-stellaten-first-nations-v-rio-tinto-alcan-inc-british-columbia-canada.

56. Jason Proctor, “Court Rejects First Nations’ Bid to Change Flow of River to Alleviate Damage Caused by Northern B.C. Dam,” CBC News, January 9, 2022, https://www.cbc.ca/news/canada/british-columbia/first-nations-nechako-rio-tinto-1.6308025.

57. Kelly House, “Michigan Drops One Lawsuit, Revisits Another in Enbridge Line 5 Fight,” Bridge Michigan, November 30, 2021, https://www.bridgemi.com/michigan-environment-watch/michigan-drops-one-lawsuit-revisits-another-enbridge-line-5-fight.

58. Mary Annette Pember, “Michigan Tribe Banishes Enbridge Line 5 Pipeline,” Indian Country Today, May 11, 2021, https://indiancountrytoday.com/news/michigan-tribe-banishes-enbridge-line-5-pipeline.

59. Tara Jeffrey, “Aamjiwnaang Based Group Concerned About Enbridge Plan,” The Observer, December 10, 2021, https://www.theobserver.ca/2012/12/10/aamjiwnaang-based-group-concerned-about-enbridge-plan.

60. Colin Graf, “Gray Charges Dropped in Court,” Anishinabek News, January 16, 2017, https://anishinabeknews.ca/2017/01/16/gray-charges-dropped-in-court/.

61. Mike De Souza, “Pipeline Watchdog Hid Evidence of Secret Enbridge Reports,” Canada’s National Observer, May 2, 2016, https://www.nationalobserver.com/2016/05/02/news/heres-how-enbridge-edited-federal-pipeline-audit.

62. Mary Annette Pember, “Enbridge Takes the Gloves Off in Line 5 Battle,” Indian Country Today, May 9, 2022, https://indiancountrytoday.com/news/enbridge-takes-the-gloves-off-in-line-5-battle.

63. “Westmoreland Coal Company v. Government of Canada,” Global Affairs Canada, accessed June 13, 2022, https://www.international.gc.ca/trade-agreements-accords-commerciaux/topics-domaines/disp-diff/westmoreland-02.aspx?lang=eng.

64. Keyera Corporation, Annual Information Form, (Calgary, AB: Keyera Corporation, 2022), 35, https://www.keyera.com/assets/Attachments/Annual-Information-Form-2021.pdf.

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67. “Our Story,” Mountain Métis Centre, accessed June 13, 2022, https://mountainmetis.com/.

68. Lincoln Brown, “ConocoPhillips Pipeline Leak Threatens Wildlife Area in Alberta,” Pipeline & Gas Journal, June 17, 2016, https://pgjonline.com/news/2016/06/conocophillips-pipeline-leak-threatens-wildlife-area-in-alberta.

69. The Canadian Press, “ConocoPhillips fined $180K for 2016 pipeline leak in northwest Alberta,” Global News, May 31, 2018, https://globalnews.ca/news/4245462/conocophillips-fine-2016-pipeline-leak-northwest-alberta/.

70. “Exploration and Production,” Repsol Canada, accessed June 27, 2022, https://www.repsol.ca/en/index.cshtml.

71. “Corporate Sponsorship: Impact and Benefits,” Arts Commons, accessed June 13, 2022, https://www.artscommons.ca/support-us/corporate-sponsorship/impact-benefits.

72. KJ Dakin and Trina Moyles, “Indigenous Farmers Confront Canada’s Goldcorp,” Briarpatch, September 1, 2014, https://briarpatchmagazine.com/articles/view/indigenous-farmers-confront-canadas-goldcorp.

73. Miles Howe, “Been to Jail for justice?,” Halifax Media Co-op, June 11, 2015, https://halifax.mediacoop.ca/story/been-jail-justice/33648.

74. Dakin and Moyles, “Indigenous Farmers Confront Canada’s Goldcorp.”

75. Ibid.

76. “Hudbay Minerals Inc.: Form 40-F,” U.S. Securities and Exchange Commission, March 28, 2022, https://sec.report/Document/0001062993-22-008763/.

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78. “Court Bulletin: Crude Oil Refinery Operator Fined $475,000 for Environmental Protection Act Violations,” Ontario Newsroom, December 22, 2022, https://news.ontario.ca/en/court/59815/crude-oil-refinery-operator-fined-475000-for-environmental-protection-act-violations.

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82. “Sponsorship,” National Gallery of Canada, accessed June 13, 2022, https://www.gallery.ca/support/sponsorship.

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88. Connell Smith, “Canaport LNG Pleads Guilty in Bird Kill Case,” CBC News, November 5, 2015, https://www.cbc.ca/news/canada/new-brunswick/irving-canaport-bird-kill-plea-1.3305351.

89. Rachel Cave, “‘You Could See the Carnage Everywhere’: First Responder Remembers 2013 Bird Die-Off,” CBC News, Nov 12, 2019, https://www.cbc.ca/news/canada/new-brunswick/bird-kill-canaport-lng-saint-john-2013-1.5353502.

90. “Enforcement Notifications: Death of 7500 Migratory Birds Results in $750,000 Penalty to Canaport LNG Limited Partnership,” Government of Canada, November 24, 2015, https://www.canada.ca/en/environment-climate-change/services/environmental-enforcement/notifications/death-migratory-birds-canaport-partnership.html.

91. “Repsol Completes Acquisition of Canaport LNG Terminal,” Europétrole, November 16, 2021, https://www.euro-petrole.com/repsol-completes-acquisition-of-canaport-lng-terminal-n-i-23017.

92. Robert Jones, “Irving Made Millions Off Deal to Slash Taxes on LNG Property,” CBC News, June 12, 2015, https://www.cbc.ca/news/canada/new-brunswick/irving-made-millions-off-deal-to-slash-taxes-on-lng-property-1.3111816.

93. “Sponsorship Packages,” Beaverbrook Art Gallery, accessed June 13, 2022, https://beaverbrookartgallery.org/support/sponsorship/.

94.  Richard Valdmanis, “Irving Oil Quietly Changed Climate Change Policy, Scrapping Plan to Cut Carbon Emissions,” Global News, December 20, 2019 https://globalnews.ca/news/6321681/irving-oil-carbon-emissions-cut/.

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