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Tag Archive for: pipelines

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Wellhead to Tidewater TMX Webinar Series

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Weekly webinar series starting February 11, 2020
Time: PACIFIC TIME
Feb 11, 5:00 PM  |  Feb 18, 5:00 PM  |   Feb 25, 5:00 PM  |   Mar 3, 5:00 PM  |   Mar 10, 5:00 PM

Sierra Club BC and RAVEN invite you to attend our webinar series: “From Wellhead to Tidewater.”

In this weekly webinar series hosted by Pull Together, we’ll learn from impacted communities along the whole Trans Mountain pipeline and tanker route.

This is an opportunity to hear from some of the most committed leaders in the movement for a safe climate and an oil-free future: learn how you can join forces with Indigenous leaders, legal experts and youth activists to stop the Trans Mountain pipeline and build power from Canada’s tar sands to the tanker terminals in the Salish Sea and through Cascadia to San Francisco Bay.

Learn more about these amazing presenters here and sign up to join us. These are interactive presentations that will allow for participant Q&As and dialogue.

We’ll feature the recordings of each webinar on this page once they are completed.

 

Environmental assessment not yet complete; B.C. not obligated to proceed with Coastal GasLink Pipeline

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FOR IMMEDIATE RELEASE:

January 28, 2020

While Coastal GasLink has approval from the B.C. Environmental Assessment Office, a condition of the approval is that construction can’t proceed until the Condition 1 Final Report #2 is approved. This report has not yet been approved by the Environment Assessment Office.

The Condition 1 Final Report assesses the Economic and Social Effects of the proposed project, among other impacts. Regarding Community and Regional Infrastructure and Services, the report states that the assessment of potential adverse effects was completed as part of the original environmental assessment application and that no further studies are required. However, since the time of the original environmental assessment application in 2014, the Unist’ot’en have built and begun operating a wilderness lodge and healing center.

The investment in buildings and infrastructure is valued at over $2 million and the institution has just received $400,000 from the First Nations Health Authority to continue to run land-based trauma and addictions treatment programs at the site.

“No construction can happen until this report is approved,” said Sierra Club BC’s campaigns director Caitlyn Vernon. “And to approve this report without fully considering the impacts of this proposed pipeline on the Unist’ot’en wilderness center and healing lodge would be profoundly problematic. I doubt a non-Indigenous wilderness lodge would be omitted from a report such as this.”

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Unist’ot’en media release: http://unistoten.camp/coastal-gaslink-pipeline-lacks-bc-eao-final-permits-for-construction-in-wetsuweten-territory/

 

Media contact:

Caitlyn Vernon

Campaigns Director, Sierra Club BC

250-896-3500

caitlyn@sierraclub.bc.ca

Trans Mountain: The zombie pipeline that just won’t die… yet

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By Mark Worthing, Climate and Conservation Campaigner

March 2019

From Ex-Enron executives convincing the federal government to buy a leaky tar sands pipeline to SNC-Lavalin lawyers doing Indigenous consultation for the federal government, the Trans Mountain pipeline and tankers is a story of corporate influence over governments, review processes and the public interest. 

After turning a blind eye to the climate change impacts of Trans Mountain, the National Energy Board made a remarkable admission about the impacts of TMX on endangered southern resident orcas in its Reconsideration Report released February 22.

Southern resident orcas. Photo by Lynn Mathieson.

In short, just like in their original review of the project three years ago, the NEB admitted that the project’s oil tankers would have “significant adverse effects” on the orcas, but that they decided expanding a tar sands pipeline was more important.

Yes, you are understanding that right – the National Energy Board thinks pipelines are more important than the potential extinction of orcas.

This round of review was so problematic, inadequately scoped, rushed, and inherently compromised by the obvious bias of the federal government that it has set itself up for inevitable legal appeals.

At the same time this half-baked attempt at public review has attempted to give Trans Mountain a second rubber stamp, the SNC-Lavalin corruption scandal has broken Trudeau’s cabinet into pieces.

And guess who the federal government appointed as the special envoy for discussions with First Nations regarding the pipeline? None other than the lawyer for SNC-Lavalin, Frank Iacobucci.

Would you trust SNC-Lavalin’s lawyer to handle consultation with First Nations for the federal government while the government is pushing hard for a tar sands pipeline?

That’s how I feel too.

You can almost hear the Kinder Morgan executives laughing from Texas.

So, what’s next?

On the near horizon are the constitutional challenges and referrals in the provincial tit-for-tat game between Alberta and BC.

The outstanding question is this: does a province have the constitutional right to regulate and limit certain substances that are harmful to human health and the environment if this creates implications for the economic prospects of another province?

The BC government has filed a reference case in BC Supreme Court to answer the question of whether the government can limit the transportation of dangerous substances like diluted bitumen across the province. BC’s reference case begins March 18 and could yield a ruling anytime this spring or summer.

But in a desperate attempt to protect the tar sands industry, the Alberta government has retaliated by bringing in legislation that could limit fuel exports to BC. While BC has already attempted to challenge this legislation, a Calgary court has ruled that the legislation can only be challenged if and when it is enforced. Should Alberta enact limitations on fuel exports to BC, this would likely be unconstitutional.

Curiously, however – in a move that contradicts its public stance against Trans Mountain – the BC government is actually fighting the Squamish Nation in court to uphold BC’s Environmental Assessment Certificate and Equivalency Agreement with the NEB. This is despite the project’s approval being quashed in court last year after the original NEB report was found to be too deeply flawed.

So, while Premier Horgan is throwing high-fives with Washington State Governor Jay Inslee and together stating publicly they are opposed to TMX, behind courtroom doors they are defending the provincial certificates granted to Trans Mountain during the Christy Clark era.

In short, the government is leaning on their public communications to garner support and influence popular opinion, but they aren’t using all the tools in their toolbox to fight this pipeline. 

That’s why—while we stand ready for another possible round of Pull Together to support Indigenous legal challenges—we’re asking the BC government to stop fighting the Squamish Nation and re-do an environmental review of the project under a new process the public can trust.  And we ask you to do the same.

Send a message now

Informational update on Wet’suwet’en defence of their lands and waters

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January 10, 2019

Over this past week, there has been an explosion of media coverage about Indigenous rights and title as a result of the RCMP raid of both the Gitdumden and Unist’ot’en camps. On Tuesday January 8, tens of thousands of people showed up to solidarity events held in cities and towns across Canada to denounce the use of police force against Wet’suwet’en people asserting their rights on their own unceded territory. Sierra Club BC stands in solidarity with the Wet’suwet’en people as they assert their jurisdiction over their unceded lands and waters (read our statement here).

In a statement released yesterday, hereditary Wet’suwet’en chiefs stated that in order to avoid violence they have reached an agreement temporarily allowing Coastal GasLink employees to work behind the checkpoint, but that the pipeline will never be built on their territory. These chiefs are asking people around the world to support them in their ongoing struggle to assert their rights and title and protect their lands and waters.

A number of our membership, wanting to better understand the situation, have reached out to us to ask questions. We’ve begun to answer these to the best of our ability below. We also encourage people to keep doing their own research. The Office of the Wet’suwet’en provides detailed information on the nation’s hereditary chiefs and governance system. For analysis of Indigenous legal orders and hereditary governance systems more broadly, we recommend you check out the Indigenous Law Research Unit at the University of Victoria which hosts a wealth of resources on their website.

Who are the Unist’ot’en?

The Unist’ot’en (C’ihlts’ehkhyu / Big Frog Clan) are one of five clans of the Wet’suwet’en Nation. Wet’suwet’en territory spans 22,000 square km in northwest BC west of Smithers. It has never been ceded or surrendered by the Wet’suwet’en people, who have occupied their territory for millennia.

The Unist’ot’en checkpoint was established on April 1, 2009. Since then a cabin, healing lodge and pit house have been constructed, as well as a bunkhouse for visitors. The camp is used year-round for healing retreats, culture camps and living. The gated entrance to the camp is on a forest service road about 120 km southwest of Smithers at the Morice River Bridge. Coastal GasLink proposes to build a natural gas pipeline to cross the bridge. The 670 kilometre pipeline project would link the fracking fields of Northeastern BC with a huge liquid gas export terminal in Kitimat. Called LNG Canada, this project is made up of oil and gas companies from China, Japan, Korea and Malaysia, along with Royal Dutch Shell.

Under the Wet’suwet’en hereditary governance system, the Unist’ot’en House Chiefs from the clan have full decision making power (in consultation with their House members) over the lands and waters on their territory. The Unist’ot’en chiefs have not given their consent for the pipelines to go through their territory and say that they never will.

Coastal GasLink applied for an injunction in November 2018 in order to gain access for its workers to cross the checkpoint to start clearing the pipeline route. The BC Supreme Court issued a temporary injunction in December, prohibiting anyone from blocking the bridge, as well as ordering the checkpoint to be dismantled within 72 hours. The Unist’tot’en have refused to dismantle their checkpoint. However, following the destruction of property and arrests at Gitdumden by RCMP earlier this week, the Unist’ot’en are temporarily allowing Coastal Gas behind the checkpoint to work.

Who are Gitdumden?

The Gitdumden are another of the five Wet’suwet’en clans, and they neighbor Unist’ot’en. When the Unist’ot’en camp declined to take down their checkpoint, a decision was made in the feast hall by all Wet’suwet’en leadership that the second Gitdumden checkpoint would be established.  The BC Supreme Court injunction was expanded on January 4 to include the Gitdumden checkpoint as well. On the afternoon of Monday January 7, police broke down a wooden gate and arrested 14 people at the Gitdumden Checkpoint. All of these individuals have now been released, and a number of them have been charged with court dates pending.

How does the hereditary governance system of the Wet’suwet’en people function?

The Wet’suwet’en peoples have occupied their territory for thousands of years and have a complex and sophisticated governance system. Just as Canadian law takes years of study and learn, so too does Wet’suwet’en law.

Indigenous legal scholar John Borrows has provided the following overview, “For millennia, their histories have recorded their organization into Houses and Clans, in which hereditary chiefs have been responsible for the allocation, administration and control of their traditional lands.  Within these Houses, chiefs pass on important histories, songs, crests, lands, ranks and properties from one generation to the next. The passage of these legal, political, social and economic entitlements is witnessed through Feasts. These Feasts substantiate the territories’ relationships.  A hosting House serves food, distributes gifts, announces the House’s successors to the names of deceased chiefs, describes the territory, raises totem poles and tells the oral history of the House. Chiefs from other Houses witness the actions of the Feast and at the end of the proceedings they validate the decisions and declarations of the Host House.” [1]

All of the hereditary leaders from all of the five clans have withheld consent for new pipeline construction across Wet’suwet’en territories.

What is the formal relationship of the hereditary governance system of the Wet’suwet’en people to the elected band council system?

In a press conference yesterday, Premier John Horgan referred to the challenge of bringing together the “historic band councils” with the “emerging” hereditary systems of governance. In fact, the relationship is reversed. While the hereditary system has existed for millennia and precedes European arrival on the continent, the Band council system was introduced by the federal government in 1876 and imposed on Indigenous Nations through the Indian Act, as part of a post-Confederation assimilation policy.

As it is currently structured, each reserve community within a territory has an election for Chief and Council every few years. The elected Chief and Council under the Indian Act are primarily responsible for things that happen on reserves like water, housing, schools, infrastructure and other issues that affect membership. There are five elected band councils on Wet’suwet’en territory, four of whom have signed agreements with Coastal Gaslink. However, hereditary leaders say those agreements don’t apply to the territories off reserve.

The imposition of the Indian Act band council system over top of hereditary systems has created ongoing tensions in many communities.

The CBC’s Angela Sterritt has written an excellent piece on the differences between elected and hereditary leadership.

What is the relevance of the Delgamuukw decision in relation to the Wet’suwet’en?

Many Canadians have heard of the important 1997 Delgamuukw decision by the Supreme Court of Canada, which recognized that Aboriginal title continues to exist over land and water where Indigenous nations have never signed a treaty with the Crown. The territory referred to in the court decision is Wet’suwet’en territory as well as neighboring Gitxsan territory.

The Delgamuukw case was framed around traditional hereditary leadership. Delgamuukw is a chief’s name in the Gitxsan Nation, passed down through generations, and Delgamuukw was one of dozens of plaintiffs in the case, composed of hereditary chiefs from both the Gitxsan and Wet’suwet’en Nations. Together those leaders forced the Canadian courts to affirm the legitimacy of their oral histories, traditional laws and continuing governance of their lands.

Peter Grant, the lawyer for the Wet’suwet’en hereditary chiefs has stated that hereditary chiefs need to give their free, prior and informed consent in order for the pipeline to be built: “We agree the rule of law has to apply, but doesn’t that mean that when there’s recognition of the proper title holder you deal with the proper title holder?”

On January 9, Unist’ot’en Camp released a statement on the emerging situation, saying “We paved the way with the Delgamuukw court case and the time has come for Delgamuukw II. We have never had the financial resources to challenge the colonial court system, due to the enormous price tag of an Aboriginal title case. Who will stand with us to make sure this pipeline does not go through?”

What is the relevance of the United Nations Declaration on the Rights of Indigenous Peoples to this conflict?

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) represents the basic principles and minimum standards that should guide states in their dealings with Indigenous peoples.[i] Canada became a full signatory (removing previous objections) to UNDRIP in 2016, and both the federal and BC provincial governments have committed to full implementation of UNDRIP. The Canadian government defines UNDRIP as a document that describes both individual and collective rights of Indigenous peoples around the world.[ii]

A number of articles of UNDRIP are relevant to this conflict, in particular Article 10 which states: “Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.”[iii]

So what does all of this mean?

At the heart of this conflict is conflicting perspectives over who holds the ultimate jurisdiction for decisions made about resources. While much of the media is framing this as a “pipeline protest” the Wet’suwet’en hereditary leadership view this as exercising their legal right to assert their authority to control what occurs on their territory.

The Wet’suwet’en leadership are getting ready to launch another title case to protect their territory and assert their jurisdiction. They have launched a fundraising page to support this future legal challenge.

We hope this clarifies the complex nature of what at first might appear to simply be opposition to a pipeline, but is in fact, a much more complex case of who holds authority and how natural resources are managed on unceded territories.

What can I do to support?

Donate to the Unist’ot’en Camp Legal Fund to support the Wet’suwet’en rights and title case.

Donate to the Gidimt’en clan

Donate to the Office of the Wet’suwet’en by mailing a cheque to: 205 Beaver Road, Suite #1 Smithers B.C. V0J 2N1 (We will provide updates if/when other ways of donating become available).

Host a solidarity event: See the International Solidarity with Wet’suwet’en event page.

Sign the pledge: Join thousands of organizations and individuals in signing the pledge in support of Unist’ot’en.

Call provincial and federal ministers:

BC Premier John Horgan (250) 387-1715

Minister of Public Safety Mike Farnworth (250) 356-2178

Minister of Indigenous Relations and Reconciliation Scott Fraser (250) 953-4844

Attorney General David Eby (250) 387-1866

MLA for Stikine (Wet’suwet’en territory) and Forests Minister Doug Donaldson (250) 387-6240

Energy Minister Michelle Mungall (250) 953-0900

Find  contact information for your provincial MLA and federal MP

Prime Minister Trudeau (613) 992-4211

Federal Minister of Crown-Indigenous Relations Carolyn Bennett (613) 995-9666

Follow Twitter updates on the ongoing situation in Wet’suwet’en territory:

Unist’ot’en Camp @UnistotenCamp (follow @unistoten on Facebook or go to unistoten.camp)
Gidimt’en Checkpoint @gidimt (follow @gidimten_checkpoint on Instagram and @wetsuwetenstrong on Facebook)
Chantelle Bellrichard @pieglue (Indigenous journalist)
Michael Toledano @M_tol (Photographer/journalist)
Amber Bracken @photobracken (Photographer/journalist)
Jesse Winter @jwints (Journalist)
Harsha Walia @HarshaWalia (Ally)
#WetsuwetenStrong #Wetsuweten #Unistoten #UnistotenCamp

Indigenous sources of news, commentary and information on Indigenous issues, rights and title:

Union of BC Indian Chiefs @UBCIC ubcic.bc.ca

Yellowhead Institute @yellowhead_institute (Indigenous think tank) yellowheadinstitute.org

Indigenous Law Research Unit @ilruuvic website

Aboriginal Peoples Television Network @APTN aptn.ca

Walking Eagle @TheEagleist (Indigenous satire) walkingeaglenews.com

Tracey Lindberg @traceylindberg (Cree writer, scholar)

Kris Statnyk @gwitchin_kris (Gwitchin lawyer, Mandell Pinder LLP)

Jess Housty @heiltsukvoice (Heiltsuk band councillor)

Angela Sterritt @AngelaSterritt (CBC Indigenous)

Duncan McCue @duncanmccue (CBC Indigenous)

Tanya Talaga @tanyatalaga (Anishinaabe writer, journalist)

Hayden King @hayden_king (Anishinaabe writer, educator)

Christina Gray @stina_gray (Ts’msyen/Dene legal scholar)

Jesse Wente @jessewente (Ojibwe broadcaster, writer)

CBC Indigenous @CBCIndigenous cbc.ca/news/indigenous

Robert Jago @rjjago (Nooksack Tribe/Kwantlen writer, blogger) rjjago.com

âpihtawikosisân (Chelsea Vowel) @apihtawikosisan (Métis writer, educator, podcaster) apihtawikosisan.com

Eriel Deranger @ErielTD (Athabasca Chipewyan First Nation, Indigenous Climate Action Executive Director) indigenousclimateaction.ca

Cindy Blackstock @cblackst (Gitksan child, youth and family researcher and educator) Indigenous Knowledge Portal

Ryan McMahon @RMComedy (Anishinaabe comedian, writer, podcaster) rmcomedy.com

Makoons Media Group @MakoonsMedia (digital Indigenous storytelling) makoonsmedia.org

Indian & Cowboy @indianandcowboy (Indigenous podcasts, opinion, arts and culture) indianandcowboy.com

Red Man Laughing @RMLPodcast (Indigenous podcast) redmanlaughing.com

StoriesFromTheLand @SFTLpodcast (Indigenous podcast) storiesfromtheland.com

References:

[1] John Borrows, “Sovereignty’s Alchemy: An Analysis of Delgamuukw v. British Columbia” Osgoode Hall Law Journal (1999) 37 Osgoode Hall L.J. 537-596

[i] J. Anaya, UN Human Rights Council, Report of the Special Rapporteur on the Situation

of Human Rights and Fundamental Freedoms of Indigenous People, A/HRC/12/34, July 15 (New York: United Nations General Assembly, 2009), https://documents-dds-ny. un.org/doc/UNDOC/GEN/G09/145/82/PDF/G0914582.pdf?OpenElement.

[ii] https://www.aadnc-aandc.gc.ca/eng/1309374407406/1309374458958.

[iii] https://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf

 

Feature image by Jen Castro

Celebrating victory – and preparing for the next battle on Trans Mountain

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September 2018

You did it!

You helped stop the Trans Mountain pipeline and tankers in the courts!

On August 30, we celebrated a major victory as the project’s approval was quashed by the Federal Court of Appeal. This court ruling is fantastic news for orca whales, for our climate, for Indigenous peoples defending their title and rights, and for the rights of all of us to defend the land and waters we love and call home.

And it happened in part thanks to the help of hundreds of people who stepped up in solidarity with First Nations by supporting our Pull Together campaign. With your help, we raised more than $650,000 for the nations fighting this project in court!

Take a moment to pat yourself on the back. First, we sent Kinder Morgan home to Texas, because the company knew this project was a sinking ship. Now, with your support, Indigenous peoples fought back – and won.

The court agreed with what we’ve been saying all along: that the National Energy Board review was deeply flawed and fell far short of the mark in consulting Indigenous peoples.

The fact that the NEB decided not to include in its review the impacts of marine tanker traffic– which it agreed would pose significant adverse effects to endangered orca whales – meant the government could not rely on the Board’s recommendation in making a decision. And because Canada failed to engage meaningfully with Indigenous peoples, the court ruled this consultation needs to be redone.

This is a stunning blow. And it offers the perfect opportunity for Prime Minister Trudeau to walk away from this pipeline and tankers.

But instead, he’s already doubled down his efforts to push this dangerous project through communities that do not consent.

Trudeau has asked the NEB to reconsider its recommendations – and he’s given it an incredibly tight 22-week timeline to do so.

To make matters worse, this hasty new review is already showing signs of the same flaws that were present in the original review. On September 26, the NEB announced the new review.

We did some digging and found out the NEB was misinforming people about this process.

We found that their website contained inaccurate and conflicting information, leading many people to believe that the deadline for comments on the project was October 3 – less than a week away. It also suggested people need to send in an application to participate and prove that they are “directly affected” or have “relevant information or expertise,” just like the first NEB review process in 2014, which was designed to shut people out of the process.

But we found out that if you want to send a letter of comment on the project, you don’t need to apply and you don’t need to comment by October 3. This deadline is only people who want to apply to be an intervenor or comment on the scope and process of the review (which you should do too, if you can!)

After we pestered them all day, the NEB finally updated their website to correct the wrong info.

Photo by Brynne Morrice

It doesn’t look like the NEB has learned much from their past mistakes. Instead, it looks like they’re up to their old tricks and that we’ve got another sham process on our hands – a process destined for another predetermined outcome.

This is what happens when you do a rush job. We see no difference yet between this and Harper’s approach – they’re still trying to confuse people and deny participation.

Get a refresher on the flaws of the last NEB review with our “Credibility Crisis” report: https://bit.ly/2H6zm60

If the Trudeau government takes its commitment to reconciliation and the United Nations Declaration on the Rights of Indigenous Peoples seriously, then these rigged and superficial approaches need to become a thing of the past. Indigenous peoples have the right to free prior and informed consent – and they still do not consent.

It’s time for a more modern, democratic process that involves much closer scrutiny, especially of the many environmental, social and economic dangers posed by projects like this.

We are thrilled that the courts have overturned federal approval of this dangerous pipeline and tankers project that would have put so much at risk. But the fight is far from over.

We’ll be helping people ensure they are heard in this new process, and keeping a sharp eye on the NEB to ensure they don’t keep pulling more tricks. It’s still important to use this opportunity to raise your voice, and we hope you’ll participate by sending a letter of comment. Once more details are released on the process, we’ll be in touch about how you can have your say.

 

Say yes to orcas and salmon – donate now to help us keep fighting this pipeline and oil tankers.

 

Sierra Club BC hails Trans Mountain decision

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FOR IMMEDIATE RELEASE:

August 30, 2018

VICTORIA – Sierra Club BC hailed today’s decision of the Federal Court of Appeal on the Trans Mountain pipeline expansion as a major victory.

Reaction from Sierra Club BC conservation and climate campaigner Mark Worthing:

“It’s time for Prime Minister Trudeau to walk away from this pipeline and tankers project. Today’s decision should be a lesson to politicians: your days of being servants to multinationals and fossil fuel corporations are coming to an end. We will no longer wait for climate justice.

“If the Trudeau government takes its commitment to reconciliation and the United Nations Declaration on the Rights of Indigenous Peoples seriously, then these rigged and superficial approaches must become a thing of the past. Indigenous peoples have the right to free prior and informed consent.

“The decision making processes have been rigged for too long. It’s time for a more modern, democratic process that subjects projects like this to much closer scrutiny, especially of the many environmental, social and economic dangers they pose.
“Fossil fuel infrastructure must be subject to a robust and thorough climate test that considers their impact on emissions and whether there are less carbon-intensive alternatives.”

Reaction from Sierra Club BC campaigns director Caitlyn Vernon:

“Today’s court ruling is a victory for orca whales, for our climate, for Indigenous peoples defending their title and rights, and for the rights of all of us to defend the land and waters we love and call home.

“We are thrilled that the courts have overturned federal approval of this dangerous pipeline and tankers project that would have put so much at risk.

“Climate leaders don’t build pipelines. It’s time for Trudeau to walk away from this dinosaur fossil fuel project and focus on building a clean energy economy instead. We can create more jobs by investing in renewable energy.”

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Media contact:

Mark Worthing
Conservation and Climate Campaigner, Sierra Club BC
(250) 889-3575
mark@sierraclub.bc.ca

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