Kitimat gets ready for Joint Review hearings, protest rally and visit by NDP federal caucus

Kitimat is getting ready for the next round of Joint Review hearings in the district on the Enbridge Northern Gateway project.

The JRP is scheduled to hold the ten minute comment hearings at the Haisla Recreation Centre on the afternoon of June 25 and 26. The hearings scheduled for June 27 have been cancelled because, the JPR says: “The number of registered participants does not require the hearing session on 27 June.”  As with other locations, it appears that many people are dropping out of the hearings because given Prime Minister Stephen Harper’s determination to push through the pipeline no matter what and they feel their voices will not matter.

On Monday night, June 18, the District of Kitimat Council approved a request from Douglas Channel Watch for a protest rally to be held Sunday, June 24, at 2 p.m. in the lower parking lot at City Centre Mall. The application to the council said that a number of speakers will also address the issue of the government’s omnibus Bill C-38.

Margaret Ouwehand of Douglas Channel Watch, also noted in her application, “we wish to have a short march where participants would walk on sidewalks and obey all traffic signals.” In the report on the application, District staff noted that under the BC Municipal Code, a march of more than 30 people is considered a parade and in the case of Kitimat would also require the permssion of the local RCMP. The protest rally is being heavily promoted on Twitter and Facebook as well as more traditional media, so it is likely that there will be more than 30 people participating in the rally and march.

At the same time, some members of the federal NDP caucus will be in Kitimat for the second day of the hearings. A release from the NDP says Deputy Leader and Environment Critic Megan Leslie will lead the delegation to the northwest.

“Our caucus feels so strongly about the risks of Enbridge that many MPs are joining Megan to stand up to heavy-handed Conservative tactics,” said Skeena-Bulkley MP and House Leader Nathan Cullen. “The government has gutted environmental assessments and is trying to ram this project through and we’re not going to let that happen.”

The NDP Enbridge tour begins on Monday, June 25 with events and a public forum in Vancouver, a clear attempt to gain major media attention there, especially in an era where budget-strapped news organizations are always reluctant to send people to Kitimat.

Leslie and Cullen will then lead a smaller delegation to meet with Haisla Chief Councillor Ellis Ross and will tour a portion of the proposed marine route that oil supertankers would take to transport raw bitumen to Asia from Kitimat.

As well as attending the JRP hearings at Kitamaat Village, the NDP caucus plan to meet with local muncipal leaders in Kitimat as well as municipal officials and First Nations leaders from other communities.

“I’m really looking forward to key members of our Opposition caucus meeting with people who are directly affected by Enbridge,” Cullen said in his news release.

“Having taken part in dozens of Enbridge rallies and meetings over the years, I know there will be many very powerful moments. It’ll be pretty up front and personal.

“Megan and our caucus are here to stand in solidarity with residents of the Northwest in opposing a dangerous project that brings us so many risks and really only benefits Enbridge shareholders.”

In the evening after the JRP hearings, the NDP will then hold a public forum at the Best Western Inn in Terrace, starting about 6:30 p.m. (depending on the length of the afternoon JRP hearings)

Terrace mayor Dave Pernarowski and perhaps members of other local councils will make a welcoming statement, followed by an address from MEgan and then an information session with presentations from individuals & organizations, followed by a question and answer session and break-out groups for those interested.

With the June 27 JRP hearings now cancelled, there may be a second public meeting in Kitimat that afternoon starting at 12:30 p.m. but that is yet to be confirmed.

 

(Typo fixed, correcting day of rally from Monday to Sunday)

Coastal First Nations files motion with JRP to compel province of British Columbia to participate in Gateway hearings

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 Motion

5.
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 Sought

9.
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)

Province of BC won’t provide witnesses for Gateway Joint Review hearings

The province of British Columbia has told the Northern Gateway Joint Review that it will not provide witnesses for cross-examination during the questioning phase of the hearings.

That announcement came today, June 12, 2012, in a letter from Christopher Jones, lawyer for the province, saying that since the province “did not adduce evidence in this proceeding, it would not be presenting witnesses for cross-examination.”

The letter also suggests that those who have questions on the provincial role in the Enbridge Northern Gateway “to contact counsel for the JRP and Northern Gateway for clarification.”

The letter means that the province still has no input into the process concerning one of the largest industrial projects in BC history.

On May 10, 2012, in an story by Canadian Press reporter Dirk Meissner BC environment minister Terry Lake said the province would stay out:

B.C.’s environment minister acknowledges he’s feeling the pressure to take a stand on the proposed Northern Gateway pipeline project, but he says his government is determined to keep quiet until federal environmental reviews are completed.

Environment Minister Terry Lake said Thursday the province’s silence on the pipeline decision created a demand for clarity that the government was willing to withstand.

But he added: “We feel the pressure, of course we do, but it’s not responsible to take a position before all that evidence is before us and then we can make the best decision in the interests of all British Columbians.”

On Monday, Global TV’s Keith Baldry asked premier Christy Clark why the province is keeping out of the Joint Review Process. In her response, Clark repeated the provincial position that her government would not take a position on the pipeline and tanker project until the conclusion of the JRP. (Video of the item is not on the Global website).

In late May, the province told the Joint Review Panel it would not provide answers to questions from the Kitimat environment group Douglas Channel Watch about items that DCW felt was in provincial jurisdiction.

Province of BC Response to Procedural Conference Draft Report  (pdf)

 

Fishing report site calls on anglers to boycott towns, including Kitimat, that don’t stand against Enbridge

The Pacific Northwest Fishing Reports website is calling on anglers to boycott all communities, including Kitimat that haven’t taken an official stand opposing the Enbridge Northern Gateway pipeline.

The site run by someone called “Old Jake” covers DFO Region 6 and Region 7a “in an effort to give sport fishing enthusiasts more options when it comes to our wonderful sport.”

Its about page says:

What makes this website unique is that it is not run by professional fishing guides or anyone who profits directly from fishing, we are local sports fishing enthusiasts here simply because we love the sport. Why is this important to you? Because we don’t have to make a sale on our fishing reports.

The boycott notice was first posted by “Old Jake” on March 31, but only came to wider attention in the past weekend when the link was widely circulated among the angling and guiding community  and by environmentalists on social media in northwest BC, some of it in reaction to the oil spill in Sundre, Alberta.

In the post, “Old Jake” says in the introduction:

[T]he deck is really stacked against our pristine lakes and rivers.

Support our boycott on all business in communities which are not willing to protect our environment in hopes of getting a financial handout from Enbridge. Let us send a clear message to communities who don’t respect our environment enough to protect it.

Please do not boycott small fishing businesses that reside outside of any community boundary, because they are as much a victim of those who support oil for greed.

The letter says, in part:

Greetings fellow sport fishing enthusiasts, I am writing this to all of you, all over the world because we desperately need your help on two major fronts, both could permanently extinguish fishing as we know it for our generation and that of our children’s and possibly much longer.

The first and foremost problem is the Enbridge Northern Gateway Project which the Prime Minister of Canada appears to be declaring a project that will go ahead regardless of the National Energy Board Hearings.

The second is Fish Farming, and its unregulated ability to hide scientific facts, its attacks on free speech and attempts to silence those who dare to speak out against them.

First Nations have done their part, they stood up and spoke, all against Enbridge and Alberta’s need to cash in on the horrific oil sands that are killing the Athabasca River, and sending this toxic mess into the Arctic Ocean….

Here is where we have a problem, the cities, towns and villages appear to want it both ways, they want your tourist dollar, and they also any dirty Oil Dollar they can get as well.

We need you; the people of the world to write to the majors of each community and ask them why tourists could come to a community that won’t protect its natural resources. Why should tourists come and spend their money if the leaders of these communities don’t take a stand in protecting our lakes and rivers from the worst threat ever in the history of British Columbia.

Ask these majors (sic probably means mayors) how many people will come to visit if we end up with a mess like they did on the Kalamazoo River.

 

Here is the list, where the author equates opposing Enbridge with supporting the environment

Prince Rupert – Supports our Environment (Visit this great community)
Terrace – Supports our Environment (Visit this great community)
Kitimat – Does not support our environment. (Boycott)
Kitwanga – Supports our Environment (Visit this great community)
Hazelton – Does not support our environment. (Boycott)
Kispiox – Supports our Environment (Visit this great community)
Moricetown – Supports our Environment (Visit this great community)
Smithers – Supports our Environment (Visit this great community)
Telkwa – Does not support our environment. (Boycott)
Houston – Does not support our environment. (Boycott)
Granisle – Does not support our environment. (Boycott)
Burns Lake – Does not support our environment. (Boycott)
Fraser Lake – Does not support our environment. (Boycott)
Vanderhoof – Does not support our environment. (Boycott)
Prince George – Does not support our environment. (Boycott)

Editorial: Harper wants to cut off funding for JRP intervenors. Conservatives allow hate speech, while curbing green speech.

The Conservative Party of Canada are sickening hypocrites on free speech.

Hate speech is OK. Green speech is not.

Hate speech is permitted, for it is “free speech.”  “Green speech,” on the other hand, is under constant attack from the Conservatives and their followers. While not subject to legal curbs (for now), we are seeing increasing pressure on those who advocate for the environment to shut up.

The Conservatives  today repealed sections of the human rights act concerning “hate speech” delivered by telephone and the Internet.  There was a free vote,  the Conservative MPs supported the repeal by 153 to 136.  It was a private members bill from Alberta Conservative MP Brian Storseth that repealed Section 13 of the human rights code, which covered with complaints regarding “the communication of hate messages by telephone or on the Internet.”

On the same day, in SunMedia, that Prime Minister Stephen Harper says his government will no longer fund any organization that comes before the Northern Gateway Joint Review opposing the pipeline.

According to Sunmedia story Taxpayer Funding Oil-Sands Activitists

The taxpayer tap pouring cash into the coffers of oilsands opponents could be turned off.

“If it’s the case that we’re spending on organizations that are doing things contrary to government policy, I think that is an inappropriate use of taxpayer money and we will look to eliminate it,” said Prime Minister Stephen Harper in Paris on Thursday.

Harper was responding to reports by Sun News Network that the Canadian Environmental Assessment Agency has showered more than $435,000 on groups participating in the review of the Northern Gateway pipeline proposal, that would connect Alberta’s oilsands to a tanker port in northern B.C.

So there we have it, a prime minister who heads a government elected by just 30 per cent of the Canadian electorate, who now decides who can afford to come before a public quasi-judicial body, the Northern Gateway Joint Review Panel. Support the government and the bitumen sands, fine, we’ll give you taxpayers’ dollars, even if you don’t need it. Oppose the government, and you do  it on your own dime.

Transnational energy companies have millions to spend to support their views on the oils sands, whether before the JRP or in a multi-million PR campaign. A poor community that could be devastated by an oil spill off the BC Coast doesn’t count.

In the age of the web, Facebook, Twitter and other social media, all speech is hard to control, as despotic governments around the world are finding.   Hate speech on the Internet is impossible to control.  All someone has to do is  have a server in a country like the United States, where the First Amendment permits it. Green speech will continue to be free on the Internet. The difference is that Conservatives are making every effort to make green speech ineffective in the political and public spheres in Canada.

The change in the Canadian hate law means little in a practical sense. So why did the Conservatives change the law?  Like their efforts to crush “green speech,”  repealing those hate speech clauses has absolutely nothing to do with free speech. The repeal is all about ideological control, the very opposite of free speech.

Behind this vote is the fact that conservatives have made it clear over the years that they despise human rights codes. Today’s act of repeal is nothing more than part the Conservatives  wide-ranging plan to incrementally, millimetre by millimetre, (probably through other private member’s bills) to dismantle all the progress that has been made in this country over the past 70 years.

The right wing media loves to promote the far out wacko cases of people who use the human rights law process, stories the right-wing repeats again and again. There have been wackos who use other legal procedures, including the civil courts and other judicial and quasi-judicial bodies. But the conservatives and their media allies only emphasize the wacko cases before a human rights tribunal.

Of course, the majority of comfortable (and most of whom are, as far as we know, white, male and straight) conservatives are never going to have to use a human rights tribunal to redress a grievance.  They were never beaten up on the school yard, never denied a job or housing.  Most of the people who go before human rights tribunals are on the margins of society.

At the same time, we see the ongoing campaign by conservatives to demonize “green speech,” speaking out for the environment. Conservatives, in politics and the media, are trying to curb the funding of foundations that support the environment, the government routinely calls environmentalists “radicals” and even “terrorists.” Now we have Harper saying, yet again, don’t you dare oppose government policy on the bitumen sands.

The right-wing media routinely heaps their scorn and yes, even hatred, for those who believe that life on this planet is threatened. Those right wing columnists will, of course, fight to death to protect their own free speech but most won’t even put in a single sentence of objection in their columns or reports about the conservative campaign against “green speech.”

Which brings us to the man, who while claiming to be a free speech advocate, is actually now the self-appointed head of Canada’s thought police, Ezra Levant of Ethical Oil. (Ethical Oil today triumphantly tweeted Harper’s statement  @EthicalOil Taxpayers funding anti-oilsands activists #EthicalOil #Cdnpoli… fb.me/V1AS7Tg2 )

Writing in the National Post, Jonathan Kay is full of praise for Levant:

a vigorous network of right-wing bloggers, led by Ezra Levant, began publicizing the worst abuses of human-rights mandarins…. In absolute numbers, the readership of their blogs was small at first. But their existence had the critical function of building up a sense of civil society among anti-speech-code activists, who gradually pulled the mainstream media along with them. In this sense, Mr. Levant deserves to be recognized as one of the most influential activists in modern Canadian history.

Influential activist, yes.  Free speech advocate? No. It is time the media stopped calling Levant a champion of free speech. He is not. Levant is a champion of causes he himself approves of,  especially the bitumen sands.  Free speech for anyone who opposes his agenda is subject at very least to attack and ridicule.

In his columns,  Levant advocated the curbing of the free speech of the thousands of  people of British Columbia who are defending their back yard from the energy industry. Levant is, of course, free to disagree with them, but don’t you dare oppose Ezra Levant or the bitumen sands,

Levant, rather than calling for more free speech in his columns, as his personal PR spin maintains,  advocated cutting off the people who live here in northwestern  British Columbia from the hearings of the Northern Gateway Joint Review panel, by saying too many people had signed up to testify.

Writing in SunMedia on December 10, 2011, Levant let off a broadside at the thousands of ordinary Canadians living and working along the route of the Northern Gateway pipeline who signed up to comment on the project, calling on Stephen Harper to fire chair Sheila Leggett for permitting too many people to speak at the hearings

[A]s of Friday, 4,453 people had typed in their names into Leggett’s website, signing up for the right to make a presentation.

[The JRP] allows anyone in the world — literally any person, any child, any foreign citizen — to simply type their name and address and get the right to testify before her panel.

It’s as trivial as clicking “like” on a Facebook page. That’s why Leggett needs another year. If another 40,000 people click on her website, will she delay things 10 years?

Skimming through the names is like reading petitions where wiseacres sign up as “I. P. Freely” or “John A. Macdonald.” Much of it is just junk, to jam up the system.

The website allows people to write a comment. Many of them are word-for-word replicas of each other. It’s a form letter campaign, arranged by professional environmental lobbyists. And it’s working. The only question is whether Leggett is naive, incompetent or biased against the pipeline.

Some of the forms have been faxed in. They helpfully have the fax signature stamp at the top of the page, showing which foreign-funded lobby group is working to gin up names. Like the Sierra Club, which received a $909,000 contract from the U.S. Tides Foundation and their Canadian affiliate to gin up opposition to the “tar sands.”

Those foreign billionaires are getting their money’s worth — they’ve managed to delay the hearings by a year before they’ve even started.

Levant was giving a completely inaccurate account of the Joint Review process. His column which echoes the ideological blindness of most his conservative columnist colleagues, speaks of foreign influence, repeating the big lie being propagated by the Conservative party,  started largely by blogger Vivian Krause, that there is an International California Conspiracy to undermine the Canadian energy industry.

Dealing with a pipeline coming through some of the most geologically unstable country on the planet is not “trivial.”  The threat of a major oil spill on the British Columbia coast is not “trivial.”

I’ve attended, listened to the remote webcast or read the transcripts of much of the hearings. None–none– of the testimony can remotely be considered: “Much of it is just junk, to jam up the system.”

A fair estimate would say that 95 per cent of people who registered to comment live along the pipeline route or the BC coast. At least a dozen or more letters of comment are posted on the JRP site every day, which means thousands since Levant wrote the diatribe,  and it is clear that they are written by individuals with valid concerns, and none in recent months are form letters. (I check them, I doubt if Levant does)

In that column, Levant goes on about JRP chair Sheila Leggett:

She’s Stephen Harper’s bureaucrat, but she’s taking direction from foreign meddlers. For “whatever time it takes.”

What a fool. No court would permit such a gong show. And Leggett has court-like powers.

Last month, when Barack Obama delayed the Keystone XL pipeline from the oilsands to the U.S., Harper was appalled.

But Leggett was appointed by Harper. And she just pulled an Obama on our own country.

Leggett must be fired. Her job is not to listen to everyone in the world with an Internet connection. It’s to make the best decision in Canada’s interest.

Her Oprah-style hearings are unacceptable, and Harper should make that clear by sacking her.

Leggett was not fired. In fact, over the past six months, she has had a difficult time confining testimony to the narrow rules of evidence that do not permit someone to actually say they oppose the pipeline.  An intervenor had to testify “from personal knowledge” or if First Nations “from traditional knowledge.” So no hearings came close to being “a gong show.”

There hasn’t been a single “foreign meddler” testify in the past six months (although some intervenors, including the energy companies themselves, use experts from outside Canada).

In a later column, on January 7, 2012, the weekend before the hearings began here in Kitimat, Levant again toed the conservative party line in Pipeline review hearings allowing foreign input is ridiculous — we don’t need another country’s permission. It’s all Canada, Levant again repeated his big lie.

Those who testified at the Kitamaat Village hearings in the following days were from the Haisla Nation as well as Douglas Channel Watch and the Kitimat Valley Naturalists (both groups consist of mainly retired Kitimat residents).  There wasn’t a foreign billionaire in sight. Same with the hearings in the days and weeks that followed, First Nations, fishers, hunters, guides, birders, and yes environmental groups. (How dare those BC NIMBYs get in the way of an Alberta pipeline and its manifest destiny?)

In today’s SunMedia article, Environment Canada cautioned:

A spokesman for Environment Minister Peter Kent tells QMI Agency while that funding is often legally required, Kent wants to make sure “common sense prevails” in how it’s awarded.

With its majority, it is likely the Conservatives will change the rules, just as they are by abolishing DFO fisheries protection for salmon spawning streams. Again bottom line, if you support the government and you are rich, you can testify.  If you are poor, even if you are “directly affected,” tough luck.

The sad fact is that Levant has won, for now, his fight against free speech in BC, probably without knowing it.

More and more people are dropping out of the Joint Review Panel process, hearings scheduled for days now last just a day or an afternoon. That’s because given the position of Stephen Harper, Joe Oliver and Peter Kent, that the pipeline is going ahead no matter what, many of these people  who signed up to comment now see no reason to testify for 10 minutes on a subject that is a foregone conclusion. Here in the northwest, where long distance travel is concerned, it takes time and money to make the effort of participate. Why testify, if the government is going to ignore the concerns of the people who live here?

No wonder Ethical Oil sent out the celebratory tweet this afternoon.

The Conservatives have won a major in battle in their war on free speech in this country by making it not worth their while for many ordinary citizens, those who don’t have deep pockets for research and lawyers, to speak on the Northern Gateway Pipeline, at least before the Joint Review Panel. Now Harper government wants to cut off funds for the poorer intervenors.  If that happens, more opponents will drop out of the proceedings.

Kay, in his attack on the hate law calls it a  “system of administrative law that potentially made de facto criminals out of anyone with politically incorrect views about women, gays, or racial and religious minority groups.”

The National Post’s conservative friends (in its own newsroom and both in and out of Parliament)  are now looking for ways to make “defacto criminals out of anyone with the politically incorrect” view that the Northern Gateway Pipeline is not a new version of the “national dream.” After all,  Stephen Harper’s statement today means “that doing things contrary to government policy” is now politically incorrect.

Of course, if the pipeline breaches along the Kitimat River and the town is without a drinking water system for up to four years (in the worst case scenario), it will be Kitimat’s nightmare, not Canada’s. (In Don Mills, columnists will still be able to drink Toronto’s water or, perhaps, run to the corner store for a Perrier.)  If a bitumen tanker hits the rocky coast and sinks in the deep  cold-water fjords, it will largely be BC’s nightmare, and the BC taxpayers’ nightmare, not Edmonton’s or Toronto’s. If a pipeline buried under nine metres of west coast snow in a remote valley has a small–undetectable by computer– breach  in the darkest days of January and  the ongoing oil leak isn’t discovered for weeks or months, by that time it might also be “politically incorrect” for anyone Canada to object. (Of course, people in the region will object and strongly).

The fact is that these small c and large C conservative campaigns  against hate laws in terms of “free speech” are nothing more than the rankest hypocrisy. What most (not all) conservatives want is free speech for their ideas and only those ideas, especially if they want to shout their own hatred of certain groups from the rooftops or on the world wide web, while at the same time, many conservatives have been trying to shut down anyone with opposing views.

To a conservative, the freedom of speech and the freedom of religion that still drives too many numbers of gay teenagers to suicide, is always protected free speech, no matter the body count.

On the hand, to the same conservatives, free speech in Canada doesn’t include protecting the environment of the only planet we live on, especially if a small portion of the funding that speech comes from California. In conservative Canada, free speech belongs to American (that is foreign) oil billionaires like the Koch brothers. To conservatives, free speech does not apply to local BC groups, coalitions of often left-wing environmentalists and  often conservative anglers and hunters, trying to protect wild salmon.

Where’s George Orwell when we need him? In the Canada of Stephen Harper, the National Post and Sunmedia,  homophobic hatred is protected, preserving the planet is not protected.  In Canada in 2012 (or I should I say 1984+), the only acceptable political speech is support for the bitumen sands and the pipeline projects.

And you wonder why the public has such contempt for majority of politicians and most of the media?

Related links:

Editorial: Just asking: why didn’t anyone object to the Americans at the NEB LNG hearings in Kitimat?

Joint Review media analysis Part one: Calgary Herald columnist advocates curbing free speech on the Northern Gateway Pipeline hearings

(Deborah Yedlin of the Calgary Herald was another columnist who advocated limiting the number of people appearing before the Joint Review Panel. Perhaps this is another case of free speech for Albertans, but not people in BC?)

 

DFO report to JRP says Northern Gateway pipeline will cross “high-risk” streams but releases only two examples on Kitimat watershed

A Department of Fisheries and Oceans report filed Wednesday, June 6, 2012, with Joint Review Panel says the department has identified streams on the Northern Gateway Pipeline route that Enbridge identified as “low risk” but which DFO considers “high risk.” However, in the filing, DFO says it can’t release a comprehensive list of the high risk streams, preferring instead to give two examples on the Kitimat River watershed.

The DFO report comes at a time when the Conservative government is about to pass Bill C-38, which will severely cut back DFO’s monitoring of the majority of streams. It appears that the anonymous DFO officials who wrote the report acknowledge that they may soon have much less monitoring power because the report says:

Under the current regulatory regime, DFO will ensure that prior to any regulatory approvals, the appropriate mitigation measures to protect fish and fish habitat will be based on the final risk assessment rating that will be determined by DFO.

Note the phrase “under the current regulatory regime.”

The report also identifies possible threats to humpback whales from tanker traffic.

In the report, DFO notes that Northern Gateway’s “risk management framework” is based on DFO’s own Habitat Risk Management Framework, and DFO, notes “the approach appears to be suitable for most pipeline crossings.”

However, DFO further remarks that it has identified

some examples where crossings of important anadromous fish habitat have received a lower risk rating using Northern Gateway’s framework than DFO would have assigned. In addition, DFO has identified some instances where the proposed crossing method could be reconsidered to better reflect the risk rating.

In bureaucratic language, the Department says “DFO reviews impacts to fish and fish habitat and proposed mitigation measures through the lens of its legislative and policy framework” again a strong hint that the legislative and policy framework is about to change.

It goes on to say:

The appropriate approach to managing risks to fish and fish habitat is based on the risk categorization. For example, where high risks are anticipated DFO may prefer that the Proponent use a method that avoids or reduces the risk such as directional drilling beneath a watercourse to install the pipeline. If low risks are anticipated other methods such as open-cut trenching across the watercourse may be appropriate.

While DFO is “generally satisfied” with Northern Gateway’s proposed approach, it says “DFO has identified some crossings where we may categorize the risk higher than Northern Gateway’s assessment.”

DFO then gives Enbridge the benefit of the doubt because:

Northern Gateway continues to refine the pipeline route and we anticipate that assessment of risk will be an iterative process and, if the project is approved and moves to the regulatory permitting phase, DFO will continue to work with Northern Gateway to determine the appropriate method and mitigation for each watercourse crossing. In DFO’s view, Northern Gateway’s approach is flexible enough to be updated if new information becomes available.

DFO then says it

has not conducted a complete review of all proposed crossings, we are unable to submit a comprehensive list as requested; however, this work will continue and, should the project be approved, our review will continue into the regulatory permitting phase. While there may be differences in opinion regarding the risk categorization for some proposed watercourse crossings, DFO will continue to work with Northern Gateway to determine the appropriate risk rating and level of mitigation required.

Here is where DFO points to current, not future policy, when it says:

DFO is of the view that the risk posed by the project to fish and fish habitat can be managed through appropriate mitigation and compensation measures. Under the current regulatory regime, DFO will ensure that prior to any regulatory approvals, the appropriate mitigation measures to protect fish and fish habitat will be based on the final risk assessment rating that will be determined by DFO.

The report then gives two examples of high risk streams both in the Kitimat River watershed

 

Example 1) Tributary to the Kitimat River, KP 1158.4 (Rev R), Site 1269

Northern Gateway Rating: RMF: Low Risk

DFO Rating: RMF: Medium to High Risk

Rationale: This is a coastal coho salmon spawning stream that is quite short in length. It has several historic culverts in poor repair which are already impacting the reported run of approximately 100 spawning salmon. Works can be completed in the dry as this stream dries up during the summer. DFO is of the opinion that the risk rating is higher than that proposed by Northern Gateway due to the sensitivity of incubating eggs and juveniles of coho salmon to sediment and the importance of riparian vegetation for this type of habitat.

 

Example 2) Tributary to the Kitimat River, KP 1111.795 (Rev R), Site 1207

Northern Gateway Rating: RMF: Medium Low Risk

DFO Rating: RMF: Medium to High Risk

Rationale: In DFO’s view the risk rating for this watercourse is higher than that proposed by Northern Gateway because this stream is high value off-river rearing habitat for juvenile salmon such as coho salmon. This type of fish habitat is vulnerable to effects of sedimentation and loss of riparian vegetation.

 

Humpback Whales

The Joint Review Panel also asked DFO for a comment on the status of the humpback whale, especially in the shipping area in the Confined Channel Assessment Area Between Wright Sound and Caamaño Sound.

DFO responds

Four areas of critical habitat were proposed for humpback whales in coastal British Columbia in the Draft Recovery Strategy released in 2010, including the Confined Channel Assessment Area from Wright Sound to Caamaño Sound. However, humpback whales have recently been re-assessed by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) and were redesignated ‘Special Concern’ but remain ‘Threatened’ under the Species at Risk Act (SARA). A draft recovery strategy for the humpback whale has been prepared.
It is unclear if humpback whales are still protected as a Schedule 1 status species under the SARA and whether a recovery strategy has been finalized.

Fisheries and Oceans Canada Response to the JRPs IR Request  (pdf)

TransCanada to build Shell’s “Coastal Gaslink” natural gas pipeline to Kitimat

Trans Canada logoShell Canada and its Asian partners have chosen TransCanada Corporation to design, build, own and operate the proposed natural gas pipline to Kitimat, now called the Coastal GasLink project.

The estimated $4-billion pipeline will transport natural gas from the Montney gas-producing region near Dawson Creek, in northeastern British Columbia to the proposed natural gas export facility at Kitimat, BC.

The LNG Canada project is a joint venture led by Shell, with partners Korea Gas Corporation, Mitsubishi Corporation and PetroChina Company Limited.

A news release from TransCanada says “Shell and TransCanada are working toward the execution of definitive agreements on the Coastal GasLink project.”

In the release, Russ Girling, TransCanada president and CEO says:

Our team has the expertise to design, build and safely operate pipeline systems. We look forward to having open and meaningful discussions with Aboriginal communities and key stakeholder groups, including local residents, elected officials and the Government of British Columbia, where we will listen to feedback, build on the positive and seek to address any potential concerns. Coastal GasLink will add value to British Columbians, particularly Aboriginals and communities along the conceptual route, by creating real jobs, making direct investments in communities during construction and providing economic value for years to come.

TransCanada says the company has approximately 24,000 kilometres of pipelines in operation in western Canada including 240 kilometres of pipelines in service in northeast BC. Another 125 kilometres of proposed additions either already having received regulatory approval or currently undergoing regulatory review. These pipelines form an integral and growing part of TransCanada’s NOVA Gas Transmission Ltd. (NGTL) System, which brings natural gas from Alberta to British Columbia to a hub near Vanderhoof.

Girling said in the release:

TransCanada is a leading energy infrastructure company in North America, with a 60-year history of safe, efficient and reliable operation of our assets and a respect for the communities and environments where we operate. We appreciate the confidence that Shell and its partners have placed in us to build, own and operate this natural gas pipeline in British Columbia. We will work collaboratively with them, Aboriginals and other stakeholders as we launch into the initial phases of consultation and regulatory review.

LNG Canada logo

Project parameters

 

In it’s release TransCanada describes the potential Coastal GasLink pipeline project this way:

  • Receipt point: Near Dawson Creek, BC
  • Delivery point: Proposed LNG Canada facility near Kitimat, BC
  • Product: Natural gas from BC’s abundant Montney, Horn River and Cordova basins and elsewhere from the Western Canada Sedimentary Basin
  • Length of route: Approximately 700 kilometres of large diameter pipe
  • Initial pipeline capacity: In excess of 1.7 billion cubic feet of gas per day
  • Anticipated jobs: Estimated 2000-2500 direct construction jobs over a 2- during construction 3 year construction period
    Estimated cost: Detailed cost information will be developed following completion of project scoping and planning. The current estimate is approximately $4 billion
  • Regulatory process: Applications for required regulatory approvals are expected to be made through applicable BC provincial and Canadian federal processes
  • Estimated in-service date: Toward the end of the decade, subject to regulatory and corporate approvals

Pipeline route

TransCanada says: “The final pipeline route will take into consideration Aboriginal and stakeholder input, the environment, archaeological and cultural values, land use compatibility, safety, constructability and economics.:

Pacific Trails Pipeline
The Pacific Trails Pipeline would go cross country to Kitimat. (PTP)

At this point there are two possible routes for the pipeline west of Vanderhoof. One route would be to follow the existing Pacific Northern Gas route that roughly parallels Highway 16. The second possibility is a cross-country route, which may lead to controversy. The Pacific Trails Pipeline, which would feed the KM LNG partners (Apache, Encana and EOG) goes across the mountains from Smithers. While the PTP project has the approval of most First Nations in the regions, Apache and PTP are still in negotiations with some Wet’suwet’en houses over portions where the pipeline would cross the traditional territory of the houses. The much more controversial Enbridge Northern Gateway pipeline follows a similar cross-country route and faces much stiffer opposition than the Pacific Trails Pipeline, due to the content of that pipeline, mainly diluted bitumen and because, critics say, Pacific Trails managed to secure the most geologically stable cross country route earlier in this decade when the pipeline was originally planned to import, not export, natural gas.

TransCanada says the Coast Gaslink pipeline will also have an interconnection with the existing Nova Gas (NGTL System and the liquid NIT) trading hub operated by TransCanada.  The company says:

A proposed contractual extension of TransCanada’s NGTL System using capacity on the Coastal GasLink pipeline, to a point near the community of Vanderhoof, BC, will allow NGTL to offer delivery service to its shippers interested in gas transmission service to interconnecting natural gas pipelines serving the West Coast. NGTL expects to elicit interest in and commitments for such service through an open season process in late 2012.

That means that the Asian customers will not be just dependent on natural gas from northeast British Columbia.  Instead the “molecules” of natural gas from Alberta will join the stream heading to Kitimat. “Open season” in the energy industry is an auction where potential customers or transporters bid for use the pipeline.

In the release Girling says:

The potential Coastal GasLink pipeline project will allow British Columbians, and all Canadians, to benefit from the responsible development of valuable natural gas resources and will provide access to new markets for that gas. The project will also create substantial employment opportunities for local, skilled labourers and businesses as part of our construction team,” concluded Girling. “We know the value and benefits that strong relationships in British Columbia can bring to this project and we look forward to deepening those ties as our extensive pipeline network grows to meet market and customer needs.

TransCanada Corp. is no stranger to controversy, the company is the main proponent of the Keystone XL pipeline from Alberta to the US Gulf Coast. Portions of that pipeline were put on hold by President Barack Obama pending further review and Keystone has become a hot issue in the current American presidential election.

Haisla aim to take on feds, Alberta over Gateway

Haisla Nation

The Haisla Nation have filed papers with the Northern Gateway Joint Review Panel asking permission to question both the federal and Alberta governments during the questioning phase of the hearings.

 

A letter from the Haisla’s lawyer, Jennifer Griffith of the law firm Donavan & Company explains:

The Haisla Nation intends to question federal government participants on the following aspects of the proposed project:

1. The federal government’s evidence;

2. The adequacy and completeness of the information provided by the proponent;

3. The potential impacts of the proposed project;

4. The proponent’s proposed approaches to mitigation;

5. The regulatory role of the federal government with respect to the proposed project.

Griffith says the Haisla Nation want information “about potential environmental effects of the proposed project and the suitability of the proposed mitigation” and to find out if the controversial pipeline project “will result in significant adverse effects that cannot be mitigated, and on potential impacts to the Haisla Nation’s aboriginal rights, including aboriginal title.”

Griffith adds that the federal government plays a significant role in the proposed project approval, permitting and in regulatory oversight.

In addition, various federal government departments are charged with administering legislation applicable to the project that is designed to protect the environment or species at risk. The federal government’s assessment of the proposed project is therefore required in order to have a full understanding of the potential project effects.

The federal government has participated in the information requests to the proponent phase, and has filed evidence. Fairness requires that the Haisla Nation have the opportunity to test the evidence submitted by the federal government, and to explore the role of the federal government in the regulations of the proposed project.

On Alberta, Griffth says The Haisla Nation intends to question the Government of Alberta on the Wood Mackenzie Netback Analysis (a study commissioned by the Calgary Chamber of Commerce on ways of exporting oil from Alberta and the transportation corridors needed to get the oil to markets in Asia), adding

Information about potential economic benefits anticipated to result from the proposed project is relevant to the Canadian public interest assessment required for the proposed project.

Haisla Nation questioning Federal Government   (pdf)

Haisla Nation questioning Government of Alberta  (pdf)

Joint Review Panel Submission Calgary Chamber of Commerce  (pdf)

BC refuses to answer questions from Douglas Channel Watch, because province hasn’t filed Gateway evidence

Updated with comment from Douglas Channel Watch and DCW questions to province.

The province of British Columbia is refusing to answer questions from the Kitimat group Douglas Channel Watch about the Northern Gateway pipeline project  because, the province’s lawyer says, BC hasn’t filed any evidence and so doesn’t have answer questions through the Joint Review Process.

In a filing on May 28, Christopher Jones, counsel for BC before the JRP says:

the province of British Columbia wishes to advise that it will not be responding to this information request as the Province has not filed evidence in this proceeding.

In the letter  Jones invites Douglas Channel Watch to contact him so the group can ask questions from the “appropriate offiicial.”

The fact that the province is brushing off Douglas Channel Watch raises an even larger question, why hasn’t the province filed any evidence in one of the biggest environmental, economic and political stories in provincial history?

The filing from Douglas Channel Watch was an attempt to find out who would be financially responsible for any oil spill resulting from a pipeline breach near Kitimat that could threaten the District’s water supply, a major issue with the Kitimat based environmental group.

In an early filing with the Joint Review Panel Enbridge said.

Regardless of whether or not insurance covers losses and liabilities of Northern Gateway and/or third parties, Northern  Gateway would make good the damages which it has caused. Recovery ofthese costs under Northern Gateway’s procured insurance programs would be governed by the general laws of insurance, the terms and conditions of the insurance policies and Northern Gateway’s obligations to its insurers regarding the reporting, investigation and adjustment of its incurred costs in making good the damages.

Enbridge then goes on to list the standard exclusions from insurance policies.

      • Criminal intent
      • Wilful misconduct or intent
      • Deliberate destruction
      • Intentional violation of any statute, rule, ordinance or regulation
      • Non-compliance with reporting and notification requirements
      • Breach of contract
      • Unfair trade, competition or deceptive acts
      • Nuclear liability
      • War, terrorism, rebellions, civil war or civil strife

 

In their questions to the province, Douglas Channel Watch emphasized the phrase that Enbridge would “make good the damages which it has caused.” Douglas Channel Watch then emphasized the insurance exclusion for war, terrorism or civil strife.

The group was then asking the province what its responsibility would be, especially when a pipeline goes through forested areas, which come under the jurisdiction of the Ministry of Lands and Forests.

Douglas Channel Watch is specifically concerned that

In the upper Kitimat River and Hoult Creek valleys there are very large logging clear cuts on steep slopes. The proponent intends to locate its pipelines near the bottom of these clear cuts

The main question to the province from Douglas Channel Watch is that if a landslide results from a clear cut in a geologically unstable area, and that landslide breaches the pipeline, who is responsible for the cleanup, asking these questions, which the province refused to answer:

  • Could this allow the proponent to avoid paying for third party damages and clean up costs if an avalanche and/or debris slide which initiates in a logging clear cut… for example, a 2,000,000 litre full bore diluted bitumen pipeline rupture into Hoult Creek or the Kitimat River?
  • Would not those damages to third parties and clean up costs then be paid by the party responsible ?
  • Would the responsible party be the Government of BC for allowing the pipelines to be located in areas which violate safe logging practices where linear infrastructure may be impacted?
  • If the Government of Canada imposes a decision to allow the proponents project over the objections of the Government of BC or the recommendation of the Joint Review Panel, would the Government of Canada then be the responsible party?

 

Murray Minchin of Douglas Channel Watch responded by noting. “It may be true the Prov of BC hasn’t submitted evidence, but they have been involved in the JRP process”  by filing questions to Enbridge.

Meanwhile, Douglas Channel Watch is organizing a public forum called North Coast Reality Check at the Kitimat Riverlodge Recreation Centre on June 8 from  7 pm to  9 pm.

In a news release, Minchin, says presentations will be given by DCW members highlighting many serious issues Enbridge prefers not to talk about, such as geological and marine hazards, corrosion in double hull tankers, and socio-economic impacts of the Northern Gateway proposal.

Response from BC to IR from Douglas Channel Watch   (PDF)

Douglas Channel Watch Information Request to Government of BC  (PDF)

BC Government questions to Enbridge

Province of BC Information question No 1 Northern Gateway project (PDF)

Province of BC Information Request 2  (PDF)

 

 

 

 

Anti-Enbridge group adopts Quebec students’ “red square” campaign

An anonymous group opposing the Enbridge Northern Gateway pipeline is calling for a demonstration at the site of an oil and gas export conference in Vancouver on May 30 and 31 and asking participants to wear the red square that has become symbolic of the Quebec student protests first against tuition fee hikes and later against Bill 78 aimed at controlling demonstrations in the province.

A notice posted on the website Infoshop News, which describes itself as an anarchist news service, calls for the demonstration at the Four Seasons hotel in Vancouver, site of the Canada Oil and Gas Export Summit. The notice is being widely circulated on Twitter.

The notice adds: “Don’t forget your red squares. Let’s bring the Maple Spring to BC and join Quebec students in opposing the 1% agenda of austerity and environmental destruction.”

Calling the demonstration, “Green Jobs, Not Oil Spills,” the notice says:  “On May 30th/31st the 1% are meeting at the Four Seasons hotel for a two day conference to plot their strategy for Exporting raw tar sands bitumen across BC and overseas to China via pipelines and super tankers.”

The website for the Canadian Oil and Gas Export Summit,  says “The oil and gas industry is at a critical crossroads and now is the time to take a hard look to alternative outlets for Canadian oil and gas,” meaning alternative markets to the United States.  The energy companies are worried about the future of  their American market share due to the effect of political gridlock on the US economy and the growing exploitation of American shale gas deposits which are cutting into Canadian export markets.

The site says the conference highlights include:

  • The latest updates on opening new market opportunities – Moving Canada oil and
    gas exports beyond U.S. markets
  • The impact of the U.S. pipeline decision on the Canadian oil and gas sector
  • The benefits for Canadian producers to tap into Asian markets and
    addressing the perceptions of the two markets
  • The most cost effective strategies of getting to market in light of opposition
  • Infrastructure requirements necessary for accessing Canada’s East and West Coast
  • The legal and regulatory issues surrounding west coast energy corridors, terminals and
    shipping in British Columbia

The conference speakers will tackle a large number of hot button issues in BC, from the energy industry point of view: Paul Fisher, vice present, Commercial, Western Access for Enbridge Pipelines speaks on “Exploring Canada’s Ability to Compete in a Global Marketplace.” Gordon Houlden, Director of the China Institute at the University of Alberta, has a talk touching on “Balancing the complexities of unresolved land claims, environmental and infrastructure issues and the economic development of Western Canada.” Tracy Robinson, Vice President Marketing & Sales, Canadian Pacific Railway, speaks on exporting crude by rail. Douglas Ford, of Communica Public Affairs Inc. handles a large number of issues from the PR point of view, including “the regulatory processes related to British Columbia coastal development,” “the complexity of project development in BC vis a vis First Nations,” with advice on “How to effectively engage community, NGOs, and aboriginal stakeholders.” Van Zorbas of Deloitte Canada speaks about the problems from the current labour shortage.