Coastal First Nations have filed a notice of motion with the Northern Gateway Joint Review Panel, which, in effect, would compel the province of British Columbia to participate in the proceedings considering the future of the controversial Enbridge Northern Gateway pipeline project.
So far the province, from Premier Christy Clark and Environment Minister Terry Lake down to the lawyer representing the province at the JRP, Christopher Jones, have refused to take part.
In the motion, Art Sterritt, executive director of Coastal First Nations, refers to a story by Justine Hunter in The Globe and Mail, In B.C., energy policy becomes a political battleground which says:
A 30-page technical report containing the B.C. government’s assessment of the proposed Northern Gateway project sits on Environment Minister Terry Lake’s desk. Still, his government remains silent on the plan to build a pipeline across northern B.C. to get Alberta oil to Asian markets.
The motion requests an order from the JRP that would have:
a) The JRP to compel the Intervenor, the Province of British Columbia, to file
the technical report containing the B.C. government’s assessment of the
proposed Northern Gateway project reported on in The Globe and Mail
newspaper on Sunday June 3, 2012.b) The JRP to compel the Province of British Columbia to file any other reports
or assessments it has done on the Project.c) The JRP to allow Intervenors an opportunity to file Information Requests on
any evidence filed by the Province of British Columbia.d) The JRP to compel the Province of British Columbia to indicate whether or
not it will issue a Certificate for the Project pursuant to the BC Environmental
Assessment Act.e) The JRP to compel the Province of British Columbia to indicate whether it
intends to consult with First Nations on the Project, and if so, how and when?
The motion was filed June 8, but only posted recently on the JRP website. Three days later, on June 11, Jones, representing the province, filed the latest letter refusing to take part in the JRP proceedings. Since all filings are sent to intervenors and government participants, it is likely that the provincial ministry of Justice in Victoria was aware of the motion from Coastal First Nations. The province is yet to file a response to the motion.
Earlier, on May 28, the province filed a notice with the Joint Review Panel, refusing to answer questions from the Kitimat environmental group, Douglas Channel Watch.
If the Joint Review Panel does compel British Columbia to release documents and therefore participate in the hearings, it would make the Northern Gateway issue even more front and centre in provincial politics, something Premier Christy Clark, who is in trouble in the polls, has been trying to avoid.
Coastal First Nations filed this statement of facts with its motion:
Statement of Facts
1.
The Province of British Columbia is an Intervenor in the JRP process but has not filed
any evidence with the JRP.
2.
The Province of British Columbia has prepared a technical report containing the B.C.
government’s assessment of the proposed Northern Gateway Project (reported on in
the Globe and Mail newspaper on Sunday June 3, 2012).1
3.
The proposed Project [both the plant at Kitimat (energy storage facility) and the
pipeline (transmission pipeline)] is a reviewable project under the B.C.
Environmental Assessment Act, Reviewable Projects Regulation, [includes
amendments up to B.C. Reg. 4/2010, January 14, 2010].4.
The Project has the potential to significantly affect in an adverse manner the interests of CFN and its members’ Aboriginal Rights and Title.
Grounds for the Motion5.
The Province of British Columbia has economic and environmental interests that are
potentially affected by the Project.
6.
The Province of British Columbia will be required to issue a variety of approvals for
the Project including Crown tenures and leases.
7.
The Province of British Columbia has legal obligations to consult First Nations about
the proposed project.
8.
The Province of British Columbia plays a significant role in oil spill responses and is
a member of the Pacific States – BC Oil Spill Task Force established to develop
coordinated programs for oil pollution prevention, abatement, and response.
Decision or Order Sought9.
CFN respectfully requests the following relief:
a)
The JRP to compel the Intervenor, the Province of British Columbia, to file the
technical report containing the B.C. government’s assessment of the proposed
Northern Gateway project (reported on in the Globe and Mail newspaper on
Sunday June 3, 2012).1 http://www.theglobeandmail.com/news/british-columbia/in-bc-energy-policy-becomes-a-politicalbattleground/
article4227695/b)
The JRP to compel the Province of British Columbia to file any other reports or
assessments it has done on the Project.c) The JRP to allow Intervenors an opportunity to file Information Requests on any
evidence filed by the Province of British Columbia.d)
The JRP to compel the British Columbia to indicate whether or not it will issue a
Certificate for the Project.e)
The JRP to compel the Province of British Columbia, to indicate whether it
intends to consult with First Nations on the Project, and if so, when?
Coastal First Nations Great Bear Initiative FN_Motion_4_-_A2T9V4 (pdf)