Haisla | Northwest Coast Energy News

Haisla aim to take on feds, Alberta over Gateway

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)

Kitimat to “fully participate” in Northern Gateway Joint Review procedural planning meeting: Council

The District of Kitimat will “fully participate” in the Northern Gateway Joint Review procedural planning meeting conference call on May 30, Councillor Rob Goffinet told Northwest Coast Energy News Wednesday, May 23.

Goffinet said the District had been aware of the problem of the JRP bypassing Kitimat for the questioning and final argument phases of the hearings and took steps to register for the planning meeting to be held in Calgary on May 30.

Goffinet, saying he was speaking on behalf of Mayor Joanne Monaghan and the entire council, said as many members as possible will attend, along with District staff, listening in to the conference call from a board room in the District offices in City Centre.

Both the Haisla Nation and the province of British Columbia have filed formal objections to the JRP’s plans to bypass Kitimat for the final sets of hearings.

District of Kitimat Participation at Procedural Conference of 30 May (pdf)

BC, Haisla, file objections to JRP bypassing of Kitimat; Enbridge likes venues, avoids the tanker problem

Both the province of British Columbia and the Haisla Nation have filed strong objections with the Northern Gateway Joint Review Panel about the panel’s plans to bypass Kitimat for the questioning and final argument phases of its examination of the controversial pipeline project.

At present, the Joint Review Panel plans to hold questioning hearings in Prince Rupert, Prince George and either Calgary or Edmonton and final arguments in Prince Rupert and Calgary/Edmonton.

And if Prime Minister Stephen Harper and Natural Resources Minister Joe Oliver wanted to speed up the hearings and therefore approval of the Northern Gateway project, filings from all sides indicate more time is needed than the two months allocated by the JRP.

The JRP secreteriat plan a meeting in Calgary on May 30 to consider the procedures. The three panel members will not attend. A large number of intervenors or government participants will be represented in person or take part in a conference call.

The lawyer for the Haisla Nation, Jennifer Griffiths, points out in her filing with the JPR, “Prince Rupert is not a logical location for any of the hearings.”

Updated: The District of Kitimat, which is registered as a “government intervenor” will participate in the conference call.

The law firm representing the Enbridge Northern Gateway, agrees with the JRP preliminary decision to hold the hearings in Prince Rupert, Prince George and Calgary or Edmonton. However, Enbridge’s lawyer Richard Neufeld, of Fraser, Milner, Casgrain, makes it clear that for those hearings they are not involved in the operation of tankers carrying the bitumen they sell to customers.

This includes a marine terminal at Kitimat. Northern Gateway recognizes the interest of the public, government, and First Nations in respect of the potential effects of ships calling on the proposed marine terminal, but it is important to bear in mind that Northern Gateway will not own or operate any marine vessels. No approvals are sought, or required, for such operations, as they are subject only to laws of general application which apply to all shipping into or out of Canadian ports.

The Ecojustice group, also known as the Sustainability Coalition, an alliance of the Living Oceans Society, Raincoast Conservation and ForestEthicsAdvocacy wants hearings in Vancouver. The Coastal First Nations also want the hearings in Vancouver.

The Wet’suwet’en want more hearing locations especially in the areas of the proposed route to address those most affected, telling the JRP:

The Office of the Wet’suwet’en (OW) is localized in Smithers, BC, our territory is 22,000 square kilometres and 170 kilometres is proposed to be crossed by NGP prior to crossing the coastal mountain range. The OW requests that hearings be held in Smithers or Burns Lake for full days rather than half days to reduce travel and accommodation costs for intervenors.

In the provincial filing, Christopher Jones, counsel for British Columbia says:

the Province submits that it is essential for a portion of the final hearings to take place in Kitimat. Kitimat is the proposed location of one terminus of the proposed pipeline, and of the proposed marine terminal. As a result, that locality has a particular interest in these proceedings. There are sufficient facilities and transport access to Kitimat to allow the hearings to take place there…..

The letter from Jones goes on to stay that BC believes “the Province would again submit that certain issues should be dealt with at Kitimat” rather than Prince Rupert.

Griffith, of the Vancouver law firm, Donavan and Company, filing on behalf of the Haisla Nation says:

The Haisla Nation questions why no final hearings are proposed for Kitimat. Given the significant new infrastructure associated with the project that is proposed to be located in the Kitimat area, Kitimat is a logical location for hearings. Kitimat is serviced by the Terrace airport, which is only 56 km away. Kitimat also has dock facilities for parties who may be travelling to the hearings by boat. Finally, there is ample accommodation in the Kitimat I Terrace area. Prince Rupert is not a logical location for any of the hearings. The proposed pipeline does not go near Prince Rupert, the terminal is far from Prince Rupert, the tankers would go through Douglas Channel, not past Prince Rupert. Prince Rupert is not accessible to the Haisla Nation by way of a direct flight.

Griffith also says the final arguments should be held either in Kitimat or Vancouver.

The Haisla Nation will have to participate in every aspect of the hearings. Yet the Panel is currently not proposing to hold any of the questioning phase or final hearings in Kitimat. As set out in the comments below, the Haisla Nation is of the view that the questioning and final hearing locations slated for the western terminus of the project should be held in Kitimat, not in Prince Rupert.

Enbridge, on the other hand, through its lawyer, Richard Neufeld, says:

Northern Gateway agrees with the Panel’s observations regarding the need to select hearing venues that are centrally located, have adequate facilities and reasonable transportation access for the large numbers of witnesses and back-up support personal required. Northern Gateway also agrees that Prince Rupert, Prince George and Calgary/Edmonton meet these criteria. Northern Gateway also agrees that if economic issues are to be dealt with in a single venue, it would be appropriate to do so in Calgary or Edmonton. Of the two, Calgary would be a more logical location given its convenience for those participating in that aspect of the proceeding.

Enbridge also has reservations about the process, while it wants the hearings “streamlined,” the company is concerned about the plan to split the hearings into various issues could be “prejudicial” to the project.

Northern Gateway expects that the Panel is considering an issues-based hearing in an effort to streamline the hearing process, and to make the process more accessible to those who want to participate only when specific issues or topics are under discussion. Both objectives are laudable.

However, an issues-based hearing format has the effect of forcing the Applicant to split its case into multiple parts. This is potentially prejudicial to the Applicant – especially if the issues identified for litigation do not correspond to the manner in which the Application has been structured.

The EcoJustice group wants hearings in Vancouver, largely because many of its members are there, with staff lawyer Barry Robinson, saying to the JRP:

The Coalition recommends that the Panel consider adding a fourth hearing location in Vancouver. The Coalition notes that, logistically, many of the witnesses and counsel that would appear in Prince Rupert would travel through Vancouver. If the vast majority of the witnesses and counsel to appear on any given issue will be required to travel from or through Vancouver, the Coalition recommends that the issue be heard in Vancouver to reduce travel costs and related greenhouse gas emissions.

However, the Coalition is sensitive to the needs of local intervenors in the Prince Rupert area and would ask that the Panel use its discretion in allocating topics to be heard in Prince Rupert and Vancouver.

And later:

The Coalition recommends that the Panel consider hearing final argument in Vancouver as a third location. The Coalition is supportive of the Panel providing an option for remote participation.

Coastal First Nations have a similar proposal. Art Sterritt, Executive Director says:

the JRP should consider holding hearings on marine issues in Vancouver with video links to Prince Rupert and Kitimat as a way of reducing the costs to Intervenors (many experts and legal and technical representatives live in the lower mainland) and in recognition that Kitimat is the proposed site of the Marine Terminal and that there are many people in the lower mainland who use the area for recreational, commercial fishing and other uses.

It appears that there will soon be controversy over the time allotted both for questioning and final arguments. The Haisla, other First Nations and Ecojustice and even Northern Gateway appear to want more time for questioning and cross-examination, while, for example, the Canadian Association of Petroluem Producers, the industry representative says it:

is still considering the scope and extent of its participation in questioning during the final hearings. CAPP will work with other intervenors in order to minimize the overall time required for cross examination.

It is clear that Enbridge Northern Gateway is planning tough cross-examination of the intervenors and their evidence:

Northern Gateway intends to cross-examine each of the authors of reports prepared for Interveners opposing the Project, and filed as written evidence. In some cases, the evidence filed with the Panel does not identify authorship, which makes it impossible to specify who will be cross-examined. Materials filed by certain interveners also include information collected through means such as access to information requests, which also makes it impossible to identify who might speak to such evidence if it is allowed to remain on the record.

Northern Gateway’s review of the written evidence filed by interveners has identified approximately forty five detailed reports that have been prepared for this proceeding. Reports of a more basic variety, those that provide general information on traditional use matters and reports of marginal relevance need not be subject to extensive cross-examination by Northern Gateway (if at all). Although no final decision has been made, for planning purposes the Panel should allot approximately twenty hearing days for cross-examination by Northern Gateway. Once a decision has been made on hearing venues and format, we will provide a more definitive estimate to Panel counsel and to counsel for the interveners involved. Where Northern Gateway does not consider it necessary to cross-examine a particular author, we will advise others of that so as to avoid unnecessary expense and inconvenience.

The Coastal First Nations are also planning tough cross-examination:

Coastal First Nations intends to cross-examine NGP, Transport Canada, Canadian Coast Guard, DFO, CEAA (as crown consultation coordinator and expert on environmental assessment methodology) and possibly the Government of B.C. These cross examinations will focus on risk assessment, spill response, measures to prevent incidents, and reduce risk of spills, consequences of spills, and Aboriginal consultation. Naturally, until the JRP approves the government participants we wish to cross-examine, and NGP identifies the witnesses they will present, it is difficult to determine the amount of time needed for cross-examination. It would likely take several hours of cross-examination for each party.

The Hasila say:

The Haisla Nation does not have any input into the proposed general schedule as set out above, but does question the two-month period provisionally allotted for the questioning phase in accordance with the revised Hearing Order. The Haisla Nation anticipates that the questioning phase will require substantially more than two months.

The Wet’suwet’en also object to the short notice given for the May 30 procedural meeting:

The estab!ishment of this regulatory process is insufficient to afford meaningful consultation to the Wet’suwet’en. We are hard pressed to try and prepare our hereditary leaders and clan speakers in such short notice, especially with a long weekend within the timeframe, some of our leaders and speakers are out on the territories preparing themselves for their summer traditional food gathering, and cultural activities. There is insufficient time given to the Wet’suwet’en for this process.

The Wet’suwet’en say (and this likely applies to other BC First Nations) that hearings as proposed could make it difficult to consult with elders saying “discussions with hereditary leaders and elders must take place, as per our custom…”

All of this comes as Prime Minister Stephen Harper and Natural Resoures minister Joe Oliver and many in the right-wing media want the hearings sped up, which means the May 30 meeting may be heated and any decision politically charged.

JRP filings from

Province of British Columbia (pdf)

Haisla Nation (pdf)

Enbridge Northern Gateway Pipelines (pdf)

EcoJustice (Living Oceans Society, Raincoast Conservation Foundation, ForestEthics Advocacy Sustainability Coalition) (pdf)

CAPP (pdf)

Coastal First Nations Great Bear Initiative (pdf)

Office of the Wet’suwet’en (pdf)

Government of Canada (pdf)

Editorial: It’s time for the District of Kitimat to play hardball on Gateway

EDITORIAL

Who speaks for Kitimat?

Someone has to speak for Kitimat on the Northern Gateway project.

The District of Kitimat Council no longer has a choice. It’s time to play hardball with Ottawa and Enbridge on the Northern Gateway Pipeline.

You can’t negotiate from a position of weakness.

The game of pipelines changed forever in recent weeks, when the Conservative government introduced Bill C-38, the Budget Implementation Act.

Bill C-38, which passed Second Reading on May 14, 2012 is an affront to basic democratic principles, a 425 page omnibus monster that will not permit the kind of careful consideration of major changes in Canadian society that what was once normal in a free and democratic society. The omnibus bill not only concerns the federal budget but also repeals the environmental assessment process and guts fisheries protection for the smaller spawning streams where salmon are born. By giving the federal cabinet the power to overrule the National Energy Board, the decision on the pipeline rests with just one man, Prime Minister Stephen Harper, who has made no secret that he intends to push the project through no matter how fierce the opposition to the project.

This week has seen devastating cutbacks along the west coast, to environmental monitoring and pollution control, to Coast Guard protection. It is now clear that protection of the environment along the BC coast and the lives of the mariners who sail those waters are of little importance to Ottawa, and of no importance to the war room types counting votes in Alberta and suburban ridings outside Toronto and Vancouver.

The District of Kitimat Council has voted to wait to make a decision until after the report of the Joint Review Panel, when “all information” is available.

The news this week that the Joint Review Panel decided to bypass Kitimat, that the town that is to be the terminal of the proposed pipeline is irrelevant to the process, shows more than any other move what the JRP thinks of Kitimat. Not much.

The Joint Review Panel has lost all credibility. Even if the JRP does produce a fair and honest report with valid recommendations for conditions and restrictions, it is highly unlikely that those recommendations will be fully implemented, because the final decision will be made in the Prime Minster’s Office and that decision will be build, baby, build.

Media reports in recent months have shown that Enbridge has easy access to the senior levels of the Conservative government and Enbridge lobbying preceded the changes to the Fisheries Act in Bill C-38. Enbridge walks the halls of power in Ottawa. Kitimat, on the other hand, counts for little, as the JRP schedule clearly shows.

So, for example, even if the Joint Review Panel recommends strict conditions on the pipeline to insure the safety of Kitimat’s water supply, and if Enbridge doesn’t like those conditions, there is no guarantee that Harper and the cabinet will implement those recommendations. That would leave the District of Kitimat holding the water barrel for several years.

(One of the many reasons, it seems, that the JRP wants to have all the northwest hearings is in Prince Rupert is so the high-priced energy lawyers from Calgary can have comfortable accommodation. So, if any protests from the District and the Haisla Nation are successful and there actually are final hearings in Kitimat, perhaps the District could arrange for the lawyers to camp in Radley Park, so they can actually grasp the realities of living in Kitimat by the Kitimat River.)

The District of Kitimat Council has a duty to make sure that this region is protected.

So what does this mean?

“Armed neutrality”

It is now too late for the District Council to take a position for or against the pipeline. It no longer matters whether Mayor and Councillors support the pipeline, are sitting on the fence or oppose the pipeline. Bill C-38 has made the decision for the Council.

Council must assume that Stephen Harper will impose the pipeline on Kitimat and will impose conditions that could be determinable to the District in favour of Alberta and Enbridge.

From now on Council must unify and work to protect the District from Stephen Harper. The Council must make sure that the District is an aggressive force at any negotiating table or court battle.

That means Council should retain its position of neutrality, leaving opposition to the pipeline to others like Douglas Channel Watch. Given the growing witch hunt against the environmental movement, an official position of neutrality is negotiating from a position of strength and protects the District from any accusation that “radicals” are distorting the District’s position.

In international affairs, countries like Switzerland and Sweden are neutral, robustly neutral. Both Switzerland and Sweden practice what is called “armed neutrality.”

“Armed neutrality” means that Kitimat Council can no longer continue its current wishy-washy neutrality, arguing over the nuances of words in letters to the Joint Review Panel and Enbridge. To protect Kitimat, Council must adopt its own policy of “armed neutrality,” an aggressive stance that represents the entire community, both opponents and supporters of the pipeline.

So what now?

Professional advice

The announcement this week that Shell is planning to build a liquified natural gas facility in Kitimat, in combination with the KMLNG and BC LNG projects plus Enbridge, means it is vital for the District to have independent, professional advice on energy issues.

The District must immediately start paying much closer attention to the all the relevant documents that are filed with the Joint Review Panel. The District Council and staff must have their own independent advisers rather than juggling the views of Douglas Channel Watch and Enbridge and hoping for the best. That means hiring more professionals to supplement current staff that will understand the technicalities of both the Enbridge pipeline and the LNG projects; staff who can advise the senior administration and Council about how to proceed where the issues of the pipeline construction, terminal construction and management of the terminal come under municipal jurisdiction or could adversely affect the municipality.

That takes money, even though money is tight, Council must budget for that staff. When it comes to negotiating factors within the responsibility of the municipality, Kitimat must be at the table at full strength.

All the way to the Supreme Court

It is now certain that after Stephen Harper orders the pipeline to go ahead, disputes over the Northern Gateway Pipeline will end up in the courts. Lawyers are already talking about the constitutional necessity to consult First Nations, that pushing the pipeline across aboriginal traditional territory will violate Rights and Title.

First Nations across British Columbia are already represented by some of the best lawyers in Canada.

Vancouver is already looking at what powers a municipality has to make sure that city is fully protected in case of a catastrophic tanker accident from the Kinder Morgan pipeline and project.

Yes, the District is wary because of the long and bitter fight over power allocation, but that is in the past. Again Bill C-38 gives the District no choice but to prepare for new legal battles, probably all the way to the Supreme Court of Canada.

The District of Kitimat must immediately budget for, seek out, retain and instruct a law firm that can advise the District on its rights and responsibilities now and in the future once the Harper government imposes the pipeline on Kitimat. As we have seen from the Joint Review and other National Energy Board hearings, the energy industry hires the best lawyers money can buy.

If Kitimat has to face those lawyers, the District can’t act like a Junior B team facing the NHL All-Stars. That law firm should be able to advise Kitimat on the constitutional issues involved and what powers a municipality has to protect the community from unwanted and unwarranted aspects of pipeline and tanker development. That law firm must also be able to participate in hardball business negotiations.

Seeking Alliances

The District must build better bridges with the Haisla Nation and find where there is common ground in the Kitimat region as Stephen Harper imposes the pipeline on the northwest. They may be arguments before the courts or with Enbridge where both the Haisla and the District of Kitimat are allies in a fight.

Stephen Harper and his government are prepared to impose the pipeline, terminals and tanker traffic on northwestern British Columbia, again no matter what local municipalities and regions say. All the environmental and Coast Guard safeguards that might have brought acceptance of the Enbridge project are being cut to the bone. That means Kitimat must also forge alliances with those municipalities and regions, again to make sure that local rights and responsibilities are fully protected once the government decides to impose the pipeline on the northwest.

It is highly likely that the constitutional consultation and Rights and Title cases on the pipeline will end up at the Supreme Court of Canada. If there are other cases, perhaps raised by Vancouver or other Lower Mainland or northern communities or even the Province of British Columbia, it may be that the Supreme Court, as it has with some cases in the past, could consolidate all the pipeline cases into one. That means Kitimat will need to be a participant in any case on the pipeline before the Supreme Court.

Unless District of Kitimat Council starts playing hardball, Stephen Harper will drive a bulldozer down bank of the Kitimat River to Douglas Channel, ignoring the council standing and watching from the hill looking over the pipeline trench.

Shell, partners, plan giant liquified natural gas project at Kitimat, mayor sees town growing to 15,000 residents

Shell Canada has confirmed that, with three partners, it is developing a giant proposed liquified natural gas export facility at Kitimat.

The project could see up to 12 million tonnes of LNG exported from Kitimat each year. What the companies are now calling LNG Canada would be built in two “trains” or stages, with each producing six million tonnes. A news release from Shell says there is an option to expand the project beyond the 12 million tonne capacity.

The announcement made international news. The Chicago Tribune said Tuesday. “Kitimat… looks set to become a major supply hub for the Pacific Rim.”

Shell’s partners, Korea Gas Corporation, Mitsubishi Corporation, and PetroChina Company Limited will work to export natural gas, mostly from northeastern British Columbia, combining the “four companies’ extensive development experience, technical depth, financial strength and access to markets required to be the leading LNG developer in Canada.”

The four companies did not say how much money is involved in the project. Reports in the Japanese media said the project could cost as much as $12 billion US.

Shell holds a 40 per cent working interest. The partners KOGAS, Mitsubishi and PetroChina each hold a 20 per cent working interest.

“Our combined expertise, and our focus on technological innovation in delivering safe and environmentally sound LNG projects around the globe, ensures that our LNG Canada project would be well-suited to deliver long-term value for British Columbia and increase access to new export markets for Canada,” says Jose-Alberto Lima, Vice President LNG Americas, Shell Energy Resources Company in a news release.

News releases from both Shell and Petrochina both say:

The proposed LNG Canada project includes the design, construction and operation of a gas liquefaction plant and facilities for the storage and export of liquefied natural gas (LNG), including marine off-loading facilities and shipping. LNG Canada can create significant economic benefit for the province, First Nations, local communities and the region. Such a project can create thousands of jobs during construction and hundreds of full-time, permanent jobs during operations. Such a significant energy project can also bring indirect economic development opportunities to the region.

Shell and PetroChina say:

A decision to move this project into development would be taken after conducting necessary engineering, environmental and stakeholder engagement work with start up around the end of the decade, pending regulatory approvals and investment decisions.
The approval process will begin with a formal consultation process with First Nations and local community residents.

“This project will contribute to a further strengthening of trade relationships between China and Canada and will help China use clean burning natural gas to fuel its economic growth,” Bo Qiliang, Vice President, PetroChina, said in the release.

“We are sitting on the doorstep of a very fast-growing market that actually wants to come to Canada because they see it as long-term stability and a secure source of supply,” Shell Canada president Lorraine Mitchelmore said. “We are now, for the first time in the natural gas industry, very competitive with other countries like Australia.”

Kitimat Mayor Joanne Monaghan said her and the District Council have been working on the project for sometime. “Council have been aware of it and have rolled up their sleeves for almost a year and half to two years,” the mayor said.

Kitimat mayor Joanne Monagahn reads notes on the LNG Canada announcement, May 15, 2012. (Robin Rowland/Northwest Coast Energy News)

One aspect was making sure Kitimat is ready for the project, Monaghan said: “We had to make sure there were hospital facilities, rental facilities, that we had housing available. We were getting all our inventories together. Now we know and now we can go full blast ahead.”

Monaghan hopes that eventually Kitimat will return its population peak of between 10,000 and 15,000 residents. (Since the closure of the Eurocan craft paper mill in 2010, Kitimat’s population dropped to around 8,000 but that number has been growing with the LNG projects and the Rio Tinto Alcan Kitimat Modernization Project, even though the KMP project will eventually mean fewer jobs at the aluminum smelter).

“If they have the five to seven thousand construction workers they’re looking for, they will bring in workers from all over BC, probably all over Canada,” Monaghan said.

Shell purchased the former Methanex plant site and the related Kitimat port terminal last fall, raising worldwide speculation about the LNG project. The Methanex site is now used by Cenovus to transport bitumen condensate by rail from Kitimat to the Alberta oil sands. Much of the old Methanex plant has been decommissioned and is being shipped to a buyer in China.

Most of the natural gas supply will come from the booming Horn River and Montney shale gas formations in northeastern British Columbia.

Reports say that LNG Canada will work with a third party that would build and probably own a pipeline from the northeast to the coat.

The profit picture comes from the fact that LNG prices in Asia, based on a proportion of the world price of oil, are much higher than the price of natural gas in North America, where the shale gas boom has driven gas prices to a record low.

The price boom in Asia could be a windfall for British Columbia, which could receive up to $600 billion in natural gas royalties over the next 25 years.

There is also fierce international competition to send LNG to Asia. The major energy companies are investing heavily in projects in Australia, while traditional suppliers like Qatar and Russia are ramping up their marketing efforts to Asia.

The old Methanex site in Kitimat — The decommissioned Methanex site by the Kitimat River, now owned by Shell. (Robin Rowland/Northwest Coast Energy News)

As of this week, Japan began closing down the last of its nuclear electrical generation capacity. After the March 11, 2011 earthquake, that country became a major customer for current and future liquified natural gas projects.

Since the earthquake last year, two other projects in Kitimat have proceeded. The Kitimat LNG project, a partnership called KM LNG led by Apache Corporation, Encana Corp, and EOG Resources plan to start up a Kitimat LNG plant in 2015, at Bish Cove with an initial capacity of five million tonnes a year. That project has been approved by the National Energy Board but is still waiting for a final go ahead from the boards of the three corporations, expected now in the fourth quarter of 2012.

A second project, called BC LNG, owned by the Haisla Nation in partnership with Houston-based LNG Partners, will act as broker and exporter for other LNG companies, facilitating exports to Asia from a barge based facility at North Cove, with the first shipment expected in 2014 or 2015.

There are also reports that Malaysia’s Petronas in partnership with Calgary-based Progress Energy Resources Corp., which have major stakes in B.C. shale are also looking for a possible LNG terminal on the west coast. As well, Talisman Energy, Nexen and Imperial Oil are also looking at west coast projects.

Related Links

News release from BC Premier Christy Clark Premier Applauds Progress on Kitimat Project: LNG Canada

Mitsubishi news release

Cullen to Northern Gateway Joint Review panel, can you justify your existence?

Joint Review Panel at Kitimat — Members of the Northern Gateway Joint Review Panel and Haisla elders stand during the welcome ceremony for the panel at Kitamaat Village, Jan. 10, 2012. After the government announcement that it can overrule any recommendation from the panel, more people are questioning its credibility. (Robin Rowland/Northwest Coast Energy News)

The members of the Northern Gateway Joint Review must now justify their jobs and the existence of the panel, now that the government will likely overrule any recommendations they make about the controversial pipeline, Nathan Cullen, NDP House Leader and MP for Skeena Bulkley Valley said Friday, April 20.

Ever since the Joint Review hearings began in Kitimat in January, witnesses have repeatedly challenged the panel about the fairness of the proceedings, whether or not the panel is rigged in favour of the pipeline and whether or not the government will listen to the panel.

Chair Sheila Leggett has always ruled the questions out of order or cut off the witness.

Now that the government has said that it doesn’t have to abide by any decision or provisions from the Joint Review Panel, Cullen says that the panel members must make it clear where they stand.

“I think it’s a fair question. It was always there though. You’ve been to the hearings, people have been asking the question does any of this matter? Are you guys actually going to listen and is anyone going to listen to you, the panel, is the government going to listen?

“So the question has been out there and unfortunately it’s been confirmed in the negative. I don’t want dissuade people from showing up. Because it is about our voice, it’s about being able to express yourself publicly.”

Cullen said that he believes that people must continue to participate in the hearings, even if they are cut short by the government, because what the Conservatives really want is for people to abandon the political process.

Cullen was answering several questions from northwestern reporters during a regular conference call, where the reporters noted that many residents of the BC northwest are wondering if attending the hearings are worth it.

“This is a forum that we’re paying for, it’s apparently going to continue on. So when I sit in front of the panel, which I’m planning to still do, I’ll have a question for them, which is: ‘Did you know this was coming? And now that it’s happened do you feel that you’re even credible? Do you still exist, if your mandate has been ripped away from you?’

“If I was one of the panel members, those are answers I’d be wanting from the minister, [Minister of Natural Resources] who assigned them all, who appointed them all because they are great and smart people who should be making a decision, [Now] the government doesn’t think they’re so smart after all.

“It’s like ripping a judge off the bench half way through the trial. You must have a reason. Either you don’t like the evidence that was coming forward or you didn’t like the judge or you never believed in the process. I don’t know which one of those are true for the government, but one of them is.

“Things have changed, normally you wouldn’t have a judge asking questions about a judge’s mandate because it is obvious that the judge has authority.

“Well, the judge’s authority just got absolutely stripped away. So is that a question for the judge? I think so.

“I don’t really expect them to answer, they’re going to have to say something to somebody about why they’re still there. Why are we still spending this money if the government is going to listen to science or to the opinions of the people who are impacted?

“The public still has a right to speak , despite what this government thinks. I’ve always said that the people impacted by this project should be the ones making the final decision, and not a prime minister from Calgary,” Cullen said.

“In terms of our voices, I don’t know if it’s in the hearing or in the general discourse of our country, that’s what they want you to do, they want young people to turn away, they want people to say that none of this matters, it’s all very cynical. I am committed to not allow myself to feel that cynicism and just double down in our efforts. It’s about a pipeline, but it’s about so much more. It’s about whether we get to participate in the way our country functions. And we do and we will despite the Conservative view of the world might be.

“It’s a question that everyone who wants to participate will answer for themselves. I think the nature of the forum will change, [now] it’s a way to connect with neighbour with neighbour.”

BC approves Pacific Trails Pipeline amendments

: A couple from Vancouver, who refused to give their names, unfurl an anti-Pacific Trails Pipeline banner at the British Columbia legislature in Victoria, Sunday, April 15, 2012. The man said he against all pipelines and that he was supporting the Wet’suwet’en First Nation. About 1,000 people marched through downtown Victoria to oppose the Enbridge Northern Gateway pipeline and coastal tanker traffic. (Robin Rowland/Northwest Coast Energy News)

The BC Environmental Assessment Office has approved an application to increase the capacity of the proposed 463 kilometre Pacific Trails Pipeline from the Summit Creek natural gas hub near Prince George to Kitimat.

The $1 billion pipeline project is crucial to the success of the KM LNG liquified natural gas export terminal at Kitimat, a partnership of Apache Corp., Ecana and EOG Resources.

The main thrust of the application was to increase the capacity of the pipeline to 1066.8 mm (42 inch) from the originally proposed 914 mm (36 inch). Pacific Trails will change the location of pump stations since the original proposal was for an import pipeline while now it is for export. There are also minor changes.

The proposal was generally considered pro forma since the main environmental review was completed under the original application approval in 2008 and the BC government was only considering the changes proposed by PTP.

The government report says officials were convinced that Pacific Trails would be able to handle problems with increased traffic and any potential risk involved in drilling under watercourses.

The Haisla submitted a number of technical questions about the impact of the larger pipes. While the BC Assessment office noted in its report that the Pacific Trails Pipeline is generally outside Haisla traditional territory, it is clear from the documentation that one of the Haisla concerns are any impacts on the Kitimat River watershed, as the questions concern the Stuart and Endako Rivers, the Morice and Gosnell Creeks and Weedene and Little Wedeene Rivers. The EAO ruled that the Haisla questions were outside the scope of the amendment or should be addressed in the “permitting process.”

Some Wet’suwet’en houses have been vocal in their opposition to the Pacific Trails Pipeline crossing their traditional territory, The Office of the Wet’suwet’en filed a strong objection to certain parts of the plan.

Given that the Minister of Natural Resources Joe Oliver and the federal government are now working to fast tracking all major resource projects, a comment from David de Wit, Wet’suwet’en natural resources manager is significant:

Fast tracking projects may result in overlooking important details [that] can have detrimental consequences. It is important to point out that the diligence required post-certification to ensure that impacts and effects on important resources are prevented or avoided is not satisfactory. This leaves the burden and legacy of any impacts to be borne by the Wet’suwet’en.

The letter goes on

We have invested considerable time and resources in the BC EAO review only to find that the level of detail required pre-certification leaves far too many unanswered questions critical for ensuring environmental effects and identification of potential infringements to our Title and associated rights from the project are avoided or minimized.

The EAO responded by saying the issues were covered by the original assessment and through the Oil and Gas Commission permit process. The letter from the Wet’suwet’en was, however, passed on to the Executive Director for further consideration

The Pacific Trials Pipeline, also known as the the Summit-to Kitimat pipeline will supply the Kitimat LNG project, a venture of the KM LNG partners, Apache Corp., Encana Corp., Apache Canada and EOG Resources. The $4.5-billion LNG terminal and facility will likely be operational by 2015, depending on how long it takes for the partners to line up Asian buyers.

Documents

BC Environmental Assessment office ruling on Pacific Trails Pipeline (pdf)

Wet’suwet’en submission to the BC EAO (pdf)

Kitimat Modernization will create competitive contractors for future energy projects: RTA CEO

Jacynthe Côté, CEO Rio Tinto Alcan — Jacynthe Côté,the CEO of Rio Tinto Alcan, briefs reporters on the progress of the Kitimat Modernization Project,March 8, 2011(Robin Rowland/Northwest Coast Energy News)

The Kitimat Modernization Project, the $3.3 billion upgrade of the Kitimat aluminum smelter will create capable and competitive contractors that can go on to work at the future energy developments in the region, Rio Tinto Alcan CEO Jacynthe Côté said Thursday, March 8.

Côté was in Kitimat to tour the region, a trip that was postponed in December, at the time of the “Notice to Proceed” on the modernization project, when her aircraft was diverted to Prince Rupert by a snow and sleet storm the day of the announcement.

During a dinner on Wednesday night, Côté met with leading contractors, the leaders of the Haisla First Nation, Mayor Joanne Monaghan and members of the District of Kitimat Council.

The prospect of future energy projects, three liquified natural gas terminals to be built by the KM LNG partners, by the BC LNG partnership and by Shell was one factor in Rio Tinto Alcan giving the go ahead for the modernization project, she told local reporters.

“We have seen the critical mass in other parts of the world, “she said. “One of the reason to do full speed in December was to aim that we will be ramping down as the others are ramping up. Of course, I cannot say for the other projects that will be their decision.” Given the current schedules, she said, “we should be out of the way when others pick up.” (Another key reason for the go ahead, according to RTA primary metal vice president Jean Simon, speaking at the launch last December was the growing market for aluminum in Asia)

Côté added that the contractors now have “great abilities that could be redeployed.”

Michel Lamarre, Director of KMP said that despite some delays due to the harsh winter, RTA is still aiming for first concrete at the new potlines on June 1. First new metal is scheduled for the second quarter of 2014. Peak employment, about 2,500 people, is expected to be in the first quarter of 2013.

“We have the ambition to make the project a real showcase, for us, for British Columbia, for Canada,” Côté said. “So we’re pretty proud that 62 per cent of the work done so far has been done by the community in the area., 95 per cent of them in British Columbia, which is absolutely spectacular for a project of that complexity and magnitude.

“It requires a lot of skills, a lot of organization.”

Côté said she stressed RTA’s safety priorities when she met with the local contractors (a point the company made both at the Notice to Proceed gathering in December and at a local meeting for contractors last month). The contractors are very enthusiastic, Côté said. “I’ve seen in other regions as contractor and employees moved to that level of safety performance, it becomes a competitive edge, there’s going to be other projects coming in the region, there’s a lot of discussion around LNG, and it will be an advantage for contractors who have demonstrated superior performance and safety. We’re here to support that. I think they’re going to be more compelling and competitive, I mean it’s good business.”

She says that RTA is spending $3.1 million each day on the modernization project.

Asked about both the prospective LNG projects and the fact that accommodation in Kitimat is now at a premium, she said that “crowding” was a significant part of her discussions with both the Haisla and the District of Kitimat.

Rio Tinto has worked on what she called “disproportionately big” projects at sites compared to local communities around the world. “So we adjust, my message was we adjust.[There are] Different formulas in different parts of the world, depending on the conditions. The model is to bring in as many people from the community as we can.”

Ecojustice challenges fairness of JRP, PMO responds with another attack on “foreign radicals”

Just who is interfering with the fairness of the Northern Gateway Joint Review panel hearings?

Almost every day since the hearings began in Kitamaat Village, intervenors have raised questions about the fairness of the hearings, especially after Prime Minister Stephen Harper and Natural Resources Minister Joe Oliver began attacking what they called “foreign radicals,” the government say are “hijacking” the hearings.

Perhaps the most dramatic moment in the hearings, so far, came in Smithers, on January 16, 2012 (without the national media present) when the leaders of the Wet’suwet’en First Nation brought up the question of political interference in the hearings.

Chief Alphonse Gagnon, of the Laksamshu clan, summed it up this way.

Before this Panel started, we had Prime Minister Harper make a comment about how he agreed with this proposed pipeline and also the Minister in charge agreeing with the pipeline.

The Minister in charge talked about the effects if the pipeline don’t go through, the financial effects on the government and the financial effects on industry itself, on jobs that would be created.

This is the stuff that happened just before we got into this. This is the stuff that was coming onto the news last week.

Now, that’s them talking about the fact that this — what will happen if the pipeline don’t go through. My question is the other way around; what will happen if the pipeline goes through?

The same day, Chief George Williams of the Tsayu clan, said to the Joint Review panel:

Wakoos; somebody should tell Stephen Harper of what wakoos meant.
Wakoos means respect. It is our job, Tsayu, Laksilyu, Gilseyhu, Laksamshu, to
protect our territories. Our language, our culture comes from the territories. Harper should show wakoos, respect, and come to our territory and put on a feast and let us know what his plans are.

The first day of the hearings weren’t as dramatic, but on that day, on the first morning, Haisla chief Henry Amos said:

I have nothing against the Panel but I’m concerned. I’m concerned about the decision making of this project; that Ms. [Sheila] Leggett and Mr. [Kenneth] Bateman both work for the National Energy Board, one as a Vice-Chair and the other one as a Chair of the Regulatory Policy Committee, I believe — correct me if I’m wrong — and Mr. [Hans] Matthews, First Nation from the Eastern Province of Ontario.

When I think about it — and this is my own personal opinion — we, the Haisla are already at a disadvantage. We have no representation from the Province of British Columbia.

I realize your tasks. I also know that you’re an independent body, which is good in a way, but what bothers me the most is that you’re appointed, I think from your information it was from the Minister of Environment and the National Energy Board. You’re appointed by the Federal Government and it’s the same government
that is telling the world that this project should go ahead. That is my biggest concern.

Chair Sheila Leggett then cut off any discussion of the fairness of the hearings, as she would from then on, by saying:

Chief Amos, we’re here today to listen to your oral evidence that wouldn’t be able to be put in writing, and the example we’ve been using in the Hearing Order and the information we’ve been publishing is that it would be traditional knowledge.

So I’m hoping that your comments will be along those lines because that
is what we’re here to listen to today.

Just a few hours later, Haisla chief counsellor Ellis Ross wrapped up the first day of hearings by saying: “I came into this meeting today thinking I was going to rant and rave about the comments made by Harper and Oliver and then I found myself basically trusting you guys to assess everything we said here and take it into consideration.”

Ecojustice motion

After three weeks of hearings, on Friday, January 27, the Vancouver environmental umbrella group, Ecojustice, a coalition of the Raincoast Conservation Foundation, the Living Oceans Society and Forest Ethics, filed a motion with the Joint Review Panel calling into question the fairness of the hearings.

The motion asks the panel to

determine if recent statements by the Prime Minister or by the Minister
of Natural Resources who is responsible for the National Energy Board constitute an
attempt by those Ministers to undermine or have had the effect of undermining the
Panel hearing process or the credibility of any intervenor or any person appearing
before the Panel resulting in unfairness in the hearing process, and if so, that the Panel identify the steps it will take to correct such unfairness.

It also calls on the panel to

determine if recent statements by the Prime Minister or by the Minister
of Natural Resources have contributed to an appearance that the outcome of the Panel’s proceedings has been predetermined, undermining the Parties’ and public confidence in the independence of the Panel.

It wants the panel to issue a statement confirming that is independent of and not influenced by statements of the Prime Minister, the Minister of Natural Resources or other Ministers of the Crown.

As well, Ecojustice wants the panel

to confirm that the credibility of Parties and witnesses will be tested only through information requests and cross examination and will not be influenced by statements of the Prime Minister, the Minister of Natural Resources or other Ministers of the Crown.

It calls on the panel to confirm

that the Panel will be guided only by the principles of environmental
assessment and the requirements of the National Energy Board Act and the
Canadian Environmental Assessment Act.

Ecojustice also wants the panel to hold hearings with witnesses to determine whether or not the hearings are fair.

Joint Review Panel spokeswoman Annie Roy told the media that Ecojustice motion will be considered and ruled on “at a later date.” Roy’s e-mail to the media also said:
“The joint review panel for the Enbridge Northern Gateway project is an independent body that was established jointly by the federal minister of the environment and the chairman of the National Energy Board.”

PMO response

Within hours of the Ecojustice filing, the Prime Minister’s Office issued an “InfoAlert,” saying that it was Ecojustice who was interfering with the fairness of the Joint Review Hearings

Foreign radicals threaten further delays

Today, Ecojustice attacked the independence of the Northern Gateway Joint Review Panel. ForestEthics, Living Oceans Society and Raincoast Conservation Foundation joined them in their attack on the Joint Review Panel.

Here are the facts:

The Northern Gateway is currently going through a careful and comprehensive review process to ensure the proposal is safe and environmentally sound.

Radical groups are trying to clog and hijack the process, rather than letting the panel do its job independently, expeditiously, and efficiently.

Our government has asked that the review process be conducted efficiently and without excessive delays. We believe reviews for major projects can be accomplished in a quicker and more streamlined fashion.

We do not want projects that are safe, generate thousands of new jobs and open up new export markets to die in the approval phase due to unnecessary delays.

Our Government’s top priority remains the economy and creating jobs.

Canada is on the edge of a historic choice – to diversify our energy markets away from our traditional trading partner in the United States or to continue with the status quo.

The one problem with the statement from the Prime Minister’s Office is that it appears to confirm the fears about the fairness of the hearings. That’s because the PMO release pre-judges the hearings, which are will be ongoing for a year or more by saying that the Northern Gateway is one of the “projects that are safe, [will] generate thousands of new jobs and open up new export markets.”

It is the Joint Review Panel’s decision whether or not the pipeline is safe, and will generate thousands of jobs. It is the Joint Review Panel’s task to decide whether or not the Northern Gateway pipeline is in the national interest.

In its news release, Ecojustice says

The proposed pipeline project is one of the most significant, and controversial, public interest issues in recent memory. The decision around whether or not to build this pipeline is going to affect our country — both the people who live here and the environment — for a long time to come…

This review process is rooted in facts and science — not politics — and it is the most comprehensive and transparent way to fairly weigh the project’s environmental consequences against its economic merits. Given the impact this project would have on our country, it’s absolutely critical that this process is objective, representative of all interests and conducted with integrity and fairness.
This isn’t just an ethical issue – it’s about the principles of fairness and due process.
We filed this motion because Ecojustice believes those participating in the process — and all Canadians — need to hear from the JRP that its process has not been compromised by recent political controversy.

This month, the Prime Minister and Natural Resource Minister Joe Oliver singled out “environmental and other radical groups” for threatening to “hijack” the regulatory system to achieve a “radical ideological agenda” and undermine Canada’s national economic interest.

Minister Oliver has gone so far as to say that he expects the JRP to rule in favour of the project.

The news release points specifically to documents obtained the Climate Action Network and released by Greenpeace, which includes lists of “supporters” and “adversaries” of the bitumen sands.

Adversaries list

According to Greenpeace, the March 2011 “Pan-European Oil Sands Advocacy Strategy” was prepared by by federal bureaucrats to help undermine support in the European Union for cleaner fuels legislation by targetting national and European level politicians

The strategy documents says the government’s “adversaries” as Canadian NGOs and environmental organizations, Aboriginal groups, competing industries. It also singles out the media in Europe, although identification of the media is blacked out.

Most important the document lists the National Energy Board as a government ally, even though it is supposed to be,under the law, an independent quasi-judicial body.

According to the document, government allies include Shell and BP and European industry associations as well as the Canadian Association of Petroleum Producers, federal government departments, Alberta, business associations and unidentified NGOs.

Controversial ally

The Oil Sands Advocacy document mentions the Royal Bank of Scotland as a supporter of the Canadian oil sands that has faced anti-oilsands protests. The Royal Bank of Scotland is currently the centre of a huge controversy in the United Kingdom over an almost one million pound bonus payment to the company CEO, Stephen Hester. Reuters reports, RBS chief’s £1 million bonus sparks anger. The conservative UK media are coming down as hard on the bonus, Daily Telegraph, MPs may summon RBS pay chief after Hester bonus as the left-leaning Guardian, which reports Anger grows over RBS chief’s £900,000 bonus. The Guardian also exposes the fact that the Royal Bank of Scotland is spent £2.5 million in UK taxpayer’s bailout money on Washington lobbyists in Bailed-out RBS spends millions on Washington lobbyists. (Again it seems foreign interference by big corporations is different than foreign interference by NGOs and environmental groups).

Despite what the Prime Minister’s Office news release has said, so far, not one foreign radical has appeared before the Joint Review Panel to question the fairness of the hearings, rather it has been intervenors, First Nations leaders or local residents.

On the second day of the hearings at Kitamaat Village, Cheryl Brown of Douglas Channel Watch described how the small group at first paid the expenses out of its own pocket.

We paid the expenses from our own pockets and from local donations. We sent out leaflets to make sure that everyone, warning people of the looming deadline. And we sent those out to make sure that everyone in Kitimat was aware of the deadline so they could sign up to speak at the hearings.

At that time, I was very willing to pay for the printing and distribution costs, and I actually had it on my credit card intending to pay it, but I was pleasantly surprised to be reimbursed by Friends of Wild Salmon. We are truly a grass roots organization, and I don’t like the untruths that are being told to discredit groups such as ours.

Personally — personally, not speaking on behalf of Douglas Channel Watch because maybe they wouldn’t want to accept help from the Mafia; I don’t know. But personally, I would welcome any support, financial or otherwise, from any organization, any institution, any country that will help us protect our land and water from oil spills.

Unless polluted by crude oil, our productive, beautiful environment will be around long after the oil has been depleted. The Enbridge project is not worth the
risk. Please do the honourable thing and say no to this dangerous project.

In Burns Lake, on January 17, 2012, on the second day of testimony from the Wet’suwet’en, Chief Ron Austin, Laksilyu Clan, from the House of Ginehglaiyex, the House of Many Eyes, said.

And to talk a little about the federal and the provincial government, they have to respect our title and rights. Creatures and things of our environment are also involved in our title and rights, how we maintain them.

Government has to live up to the honour of the Crown and deal in good faith. Prime Minister Harper says that it will be a Canadian process that decides whether this project goes through. He should concentrate on respecting our title and rights before any project is slated for our territories.

The Wet’suwet’ens, Nat’oot’ens, Gitxsans of this area all respect our territory, respect living things in our territories, from the smallest creature to the biggest creature.

Another excuse is energy security for Canadians is the reasoning for Harper’s allowing Gateway Project to proceed. Energy security is not enough for destroying the beautiful, pristine environment of northern British Columbia.

Respect

Each time in the hearings, when someone brings up the question of fairness, or asks whether or not the outcome has already been predetermined, wonders if the Joint Review Panel is rigged in favour of the government, chair Sheila Leggett repeats the same words.

In Burns Lake, after the welcoming ceremony, Leggett said:

I was particularly struck with some of the opening comments. This is a tremendous opportunity of learning, certainly for this Panel, of a variety of cultural ways and one of the things that struck me was the explanation, which I appreciated, about the rattle cry and how that signifies straight talk and serious business.

The other thing that I’ve heard over the days that we’ve been in the community hearings to date is the use of the word “respect”. That word “respect” has come up at all of the community hearings that we’ve had.

I wanted to just take a moment before we get into more of the process to
talk about where we’re at at the process at this point. The purpose for the Panel being here at this point is to gather oral evidence. This is the — what we’ve — as cited as examples is the Oral Traditional Knowledge. That’s the information that we’re after at this point.

This process will unfold as we’ve outlined in some of our information and
there will be a point, later on during Final Argument, for all parties to present and bring forward their positions on the Application that’s in front of this Panel.

With the motion from Ecojustice, Leggett’s attempts to put off the continuing question of the fairness of the hearings until the final argument stage more than a year from now are facing a new and formal challenge. At some point soon, the Joint Review Panel will have to rule on whether the hearings themselves are fair and respect Canadians. If the panel doesn’t rule expeditiously, there will likely be a court challenge.

The bigger question is whether or not Stephen Harper and Joe Oliver, as Chief Williams asked, have wakoos, respect, not just respect for the First Nations of British Columbia, but respect for Canadian democracy.

Documents

EcoJustice Motion before JRP on fairness (pdf)

ATIP_Oil Sands Advocacy Strategy (pdf)

Kitimat voices at Northern Gateway: Kitimat Valley Naturalists

Northwest Coast Energy News will use selected testimony from the Joint Review hearings, where that testimony can easily turned into a web post. Testimony referring to documents, diagrams or photographs will usually not be posted if such references are required. Depending on workload, testimony may be posted sometime after it originally occurred. Posting will be on the sole editorial judgment of the editor.

By April MacLeod, Walter Thorne and Dennis Horwood

We would first like to thank the Haisla Nation

hosting this hearing. We recognize we are guests on Haisla land and that we are also on Haisla territory. We would also like to thank the JRP for this opportunity to make the oral presentation.
Who is the Kitimat Valley Naturalists? We are an independent Kitimat organization. We’re open to the entire community and we are an active member of B.C. nature. Our goal as a group is to pursue outdoor nature-oriented recreation.

As a group, we have 40 years of bird and mammal records and research papers. We have been involved as stream keepers, working closely with Department of Fisheries and Oceans. And we are also considered by the birding community to be citizen scientists.

We believe we have little to gain and much to lose from an oil pipeline, terminus and tanker traffic, and the purpose of this presentation is to show what we believe we have to — we stand to lose.

The focus of this whole presentation is the Kitimat River estuary and it is one of the five largest estuaries on our northern B.C. Coast. It is ranked by Ducks Unlimited as one of B.C.’s most important estuaries. And to back that up, a technical report showed it was the top three in total biological and social values.

And so everyone is clear, scientists define an estuary as much more than just mudflats and meadows. The Kitimat River estuary in fact extends many kilometres past the inner tidal areas and well into Douglas Channel.

The estuary foreshore is a relatively flat area, and at a distance, its beauty and importance are difficult to see. Up close, however, things change.

The Kitimat River estuary is 1,230 hectares, and in perspective, that’s three times larger than Vancouver’s Stanley Park. It is covered in sitka spruce, western hemlock and deciduous trees, interspersed with lush meadows, slews, ponds and rivulets.

Rich, organic soils, packed with nutrients, help create immense fertile meadows. These meadows and land support the growth of many native species.

In the spring and summer, it is a wildlife — wildflower and wildlife heaven. In early times, the root of the chocolate lily, seen in the insert, was used by the Haisla and early pioneers as a food source.

Shooting stars are just one of the many wildflowers found in the meadows of the estuary. Many people, like me, a local native, native natural photographer, I like to walk around the estuary purely for the floral opportunity of — floral photographic opportunities.

The same nutrients that allow flowers to flourish also support a major outdoor activity, fishing.

Fishers from B.C., Alberta and the world come here to fish. Why? Because Kitimat is really a fishing Mecca.

Kitimat’s river — the Kitimat River brood stock is amongst the best in the world. Where else on this planet can you catch a 27-pound steelhead or a 76-pound Chinook salmon. Elite fly-in fishing lodges located throughout the Douglas Channel target Kitimat River fish.

The B.C. sports fishing industry yields annual returns in the billions of dollars. Kitimat’s share in a year is in the millions.

Kitimat is a 10 out of 10 fishing destination. And if you don’t like our fish, try our prawns. Even celebrities know about this area and come here to fish. When the Vancouver Canucks arrive, they keep it very secret.

The Kitimat and Douglas Channel river systems have attracted recreational anglers for decades, starting in the 1950s, as you can see. Some have an extremely high profile: The Right Honourable Prime Minister John Diefenbaker, Kevin Costner, the actor, and Carey Price, a B.C. boy, our goalie for the Montreal Canadiens.

Hunters as well as fishers depend on the Kitimat River estuary. Birds, like fish, are attracted to estuaries. The Kitimat River estuary is a stopover during both the spring and fall migration. Trumpeter swans that nest in Alaska fly here and stay for the winter.

One of the major groups of migrants are waders, long-legged birds that generally feed in the shallow waters and mudflats. Over 20 species of this group of birds use our estuary as a fast-food outlet. They stop, stay for a day or two, then fly on to as far away as South America.
Twenty years ago, great blue herons were a rare bird at any time of the year in the Kitimat Valley. This blue-listed bird, meaning an indigenous species considered vulnerable, has made the Kitimat River estuary its winter refuge. Now these birds are regularly reported on Christmas bird counts.

Snow geese used to be a rare bird here as well. We now record them regularly during spring and fall migrations and in flocks sometimes exceeding 500 individuals. This estuary has become a vital link along their migration route.

Typically, many birds desert the estuary during the summer months, but we still have many species that rely on the estuary trees, meadows and waterways to raise their young.
One of the most mysterious birds in the world lives here. The marbled murrelet, a robin-sized seabird thrives in the Douglas Channel system. These birds feed by day in the rich channel waters, but at nightfall they fly inland to old-growth trees and locate their saucer-sized nest in complete darkness. No scientist, or anyone for that matter, knows how they do this.

The estuary and Douglas Channel have immense recreational values. Sailboats, kayaks and power craft all ply the local waterways. Alaska-bound yachts often divert into Douglas Channel. Why do they come here? They come here for solitude, pristine wilderness, private beaches that urbanites from all over Canada can only dream about.

Author John Kimantas predicts Douglas Channel will evolve into a world- class kayaking destination. He is considered to be the Pacific Coast authority on kayaking.

We are blessed with a network of Haisla cabins that all visitors are welcome to use. These two kayakers visit here every year from Alberta. They keep coming back. Why? They want that wilderness experience.

Within the shelter of Minette Bay, a major part of the estuary, local recreational events such as dragon boat racing and training take place. We have several non-commercial hot springs. Anyone can use them at any time of the year. They’re free.

Ecotourism on the estuary and throughout the Douglas Channel system is second to none. It is simply world class. Where else on the same day can you see three different looking bears on the same day? Lots of places have black bears, but we have Kermode bears and grizzlies a plenty. They love our salmon and we enjoy watching them fish.

Orcas regularly visit here in spring but can be seen at any time. Sea lions come and go with the fish and tides. Seals are always present in the channel, estuary and even the river. They add character and enjoyment for visitors and locals alike.

But nothing — absolutely nothing — beats the sight of a sounding humpback whale. If we lose our whales, we know we will have lost much more.

So in conclusion, the Kitimat Valley Naturalists believe we need to strike harmony and balance in our ecosystem here and, as such, we believe the Northern Gateway is not an acceptable risk. We simply have too much to lose.