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.”

 

 

 

 

Links Enbridge lobbying, Enbridge pipeline, Gateway hearings and more

Joint Review Panel refuses to consider possible Enbridge plans for a natural gas Northern Gateway

The Joint Review Panel has ruled that it doesn’t have to include possible plans by Enbridge to add a natural gas pipeline to to the Northern Gateway project in its consideration of the bitumen pipeline.

Since the JRP has no evidence at the moment to suggest that Enbridge has such a project “in sufficient planning stages to warrant inclusionwithin Northern Gateway’s cumulative effects assessment,” the Panel considers that it is inappropriate to consider a possible natural gas pipeline. If Enbridge did want to build a natural gas pipeline along the route, it would be subject to new and separate hearings.

Last fall there were reports in the media that Enbridge CEO Pat Daniel (who is now about to retire) wanted to join the natural gas rush to the Pacific coast by adding a natural gas pipeline to the Northern Gateway bitumen project (there was also some speculation that Enbridge might want to replace the bitumen pipeline with a natural gas pipeline).

One of the JRP intervenors, Dr. Josette Weir of Smithers filed a motion in December with the JRP asking that the Joint Review Panel:
.

a. order Northern Gateway Pipelines Limited Partnership (“NGPLP”) to confirm if it plans a gas pipeline in the same right-of-way as the tar sands and condensate proposed pipelines;
b. order NGPLP to confirm if such gas pipeline is planned to be constructed during the same time as the two proposed pipelines under review;

Weir also asked the JRP to include possible plans for a gas pipeline in its overall assessment of the cumulative affects of the Northern Gateway pipeline.

In response to the motion, Ken MacDonald Vice President, Law and Regulatory Northern Gateway Pipelines Limited Partnership replied that Gateway confirms that it is not currently proposing to construct a gas pipeline in the right-of-way that would be required for the construction of the Northern Gateway Project and, making a legal point, called an Enbridge natural gas pipeline along the same route as “hypothetical.”

However, the next sentence in MacDonald’s letter could be a problem for the existing Pacific Trails Pipelines plans for their own natural gas pipeline, which some in the region fear is paving the way for the Northern Gateway pipeline. The letter reads: “Northern Gateway
has been attempting to engage the proponents of the Pacific Trails Pipeline for an extended
period of time regarding collaboration on routing, construction and access management, and will
continue to do so in the future.”

Last fall, members of the Wet’suwet’en First Nation blockaded an Apache/Pacific Trails Pipeline survey crew and one reason for the blockade was the possible use of the Pacific Trail survey for the Northern Gateway. PTP and Apache, both in a report to the BC Environmental Assessment Office, and at a public meeting in Terrace on Thursday, March 1, say they continue to consult with the Wet’suwet’en houses and the Office of the Wet’suwet’en on the issue.

MacDonald’s letter to the JRP goes on to complain about the time it is taking for the review process

The project inclusion list for the Northern Gateway cumulative effects assessment was determined at the time of finalizing the Terms of Reference established for the Project’s environmental assessment. This was more than 2-years ago. Northern Gateway’s Application has been under review for over a year and a half with the information request phase of the proceeding on the Application having been completed. It would be impossible to ever complete an environmental assessment for a major project if the project proponent had to continually update its cumulative effects assessment for projects announced during the course of the review
proceedings on regulatory applications. In the case of the Northern Gateway Pipeline Project, it may end up taking four years to complete the regulatory approvals process. During such an extended period of time, new projects will inevitably be planned and announced. Northern Gateway cannot be expected to revise its cumulative effects assessment to take into account projects announced during the course of the current regulatory review.

Enbridge pointed to earlier legal rulings on “hypothetical projects”

with respect to other projects to consider in a cumulative environmental effects assessment, the NEB has ruled in the past that the other projects considered in a cumulative effects assessment cannot be hypothetical. The Courts have said that the decisions of RAs are not required to “consider fanciful projects by imagined parties producing purely hypothetical effects”. The Board is of the view that EBPC’s methods for identifying other projects for consideration in the cumulative effects assessment were appropriate.
Northern Gateway submits that, at this point, any natural gas pipelines beyond the Pacific Trails Pipeline are hypothetical. Requiring Northern Gateway to include such hypothetical projects in its cumulative environmental impact assessment would be inconsistent with previous practice and NEB decisions and would result in further delay to what has already become a protracted regulatory process.

The Joint Review Panel agreed, ruling

The Panel acknowledges the media statements by Enbridge that you noted in your motion. However, based on Northern Gateway’s comments and the fact that the Panel has no other evidence to indicate that such a project is in sufficient planning stages to warrant inclusion within Northern Gateway’s cumulative effects assessment, the Panel is of the view that it would not be appropriate to order Northern Gateway to do so. Further, the Panel notes that should Northern Gateway or any other proponent propose a gas pipeline to the west coast in the future,
that project would be subject at that time to the relevant environmental assessment and regulatory requirements.

Panel Commission Ruling on Enbridge natural gas pipeline

Northern Gateway Pipelines response to motion

More pipeline debate coming to the Northwest: Changes to the Pacific Trails natural gas Pipeline

Pacific Trail Pipelines map
The Pacific Trails Pipeline map as of Feb. 2012. (PTP/BCEAO)

Another pipeline debate is about to open in the northwest. This time for  changes to the Pacific Trails (natural gas) Pipeline, that will run from Summit Lake, just outside Prince George, to Kitimat.

Public information meetings will be held in Terrace, Houston, Burns Lake and Vanderhoof in the next couple of weeks.

The PTP runs entirely within British Columbia, and so comes under the jurisdiction of the Environmental Assessment Office of  British Columbia.   The application to build the PTP was filed in 2005 and approved in 2008 which means the process for the amendments will go much faster than the current Northern Gateway Joint Review hearings for the Enbridge twin bitumen/condenseate pipeline which are expected to last at least another eighteen months.

Pacific Trails is asking to

  • Change the location of the compressor station;
  • Establish two new temporary stockpile sites;
  • Make pipeline route modifications

The period for commenting on the Pacific Trails Pipeline amendments opens on February 27 and closes March 28. The public meeting on the changes to the compressor station were held in Summit Lake last September.

The documents filed with the BCEAO say that Pacific Trails Pipelines is in ongoing negotiations with First Nations where the PTP will cross their traditional territory.

The natural gas project has general support in northwestern  BC, and the relations between First Nations and PTP, and Apache, the main backer of the Kitimat LNG project are much better than those with Enbridge. (The PTP would supply the liquified natural gas terminals in Kitimat)

Significantly, the documents show that the PTP is trying to enter separate negotiations with the Wet’suwet’en houses that are now objecting to the pipeline route through their traditional territory.

The filing says:

In addition, PTP is now consulting, or making all reasonable efforts to consult, with one of the 13 Wet’suwet’en Houses as a discrete entity. PTP was informed in February 2011 that Chief  Knedebeas’s House, the Dark House, was no longer part of the Office of the Wet’suwet’en  although the latter still maintains responsibility for the welfare of all Wet’suwet’en lands and  resources. Consultation that took place prior to this year with the Office of the Wet’suwet’en included consultation with the Dark House. PTP has been diligent in seeking to consult with  the Dark House since April 2011. The spokesperson for Chief Knedebeas of the Dark House, Freda Huson, states that she also represents a group called Unist’ot’en.

 

 

But it’s Enbridge that is the sticking point, and could bring controversy to this amendment request.  The Wet’suwet’en houses that blockaded a PTP survey crew last fall said they were worried that the Northern Gateway pipeline follows roughly the same route as the PTP. The PTP application was filed and approved long before the controversy over the Enbridge Northern Gateway began to heat up.

One reason is that original approval was for a pipeline to import natural gas before the shale gas boom changed the energy industry.  As PTP says in the application to change the compressor station.

When the original purpose of the PTP Project was to transport natural gas from an LNG import facility at Kitimat to the Spectra Energy Transmission pipeline facilities at Summit Lake, the design called for the installation of a mid-point compressor station to enable the required throughput of natural gas. This compressor station was sited at the hydraulic mid-point of the pipeline. The location of the compressor station in 2007 was south of Burns Lake and just east of Highway 35.

Now that the PTP Project is designed to move natural gas from Summit Lake to Kitimat, or east to west, a compressor station is required at Summit Lake rather than at the hydraulic mid-point of the pipeline. The new Summit Lake compressor station is required in order to increase the pressure of the natural gas from where it is sourced at the Spectra Energy Transmission pipeline facilities.

The EAO will hold open house meetings on the pipeline route changes from 4 pm to  8 pm at each location at

Monday, February 27, 2012
Nechako Senior Friendship Centre, 219
Victoria Street East
Vanderhoof, BC

Tuesday, February 28, 2012
Island Gospel Gymnasium
810 Highway #35
Burns Lake, BC

Wednesday, February 29, 2012
Houston Senior Centre
3250 – 14th Street W
Houston, BC

Thursday, March 1, 2012
Best Western Plus Terrace Inn
4553 Greig Avenue
Terrace, BC

The EAO says: Displays containing information on the proposed amendments will be available for public viewing. The EAO will be available to answer questions on the amendment process. The Proponent will be available to answer questions on the Project and proposed amendments.

The documents show there are route changes to the pipeline route along the Kitimat River, but those are considered “minor route adjustments” so no meetings are planned for Kitimat.

Documents

PTP meeting schedule

Complete filing documents from PTP are available on the BCEAO site here.

Pacific Trails Pipeline

The Cullen confrontation at the Joint Review hearings: Transcripts

The Member of  Parliament for Skeena Bulkley Valley,  Nathan Cullen had a fiery debate Friday, Feb. 17. 2012, in Prince Rupert with the Northern Gateway Joint Review panel over a subject that has been vexing the panel since the first day of hearings at Kitamaat Village, the exact definition of what constitutes personal or traditional knowledge in this round which the panel calls  “Community Hearings.”

This is an edited transcript of the proceedings where Cullen was testifying.

Chair Sheila Leggett repeated at the opening on Friday:

So as I’ve stated, we’re here today to listen to the oral evidence from
intervenors that have previously registered with the Panel. Oral evidence is only
that information which is relevant to the matters the Panel will be considering and
cannot be presented as written evidence.

In order to assist parties regarding the types of information that
intervenors may provide as oral evidence during the community hearings, the
Panel issued Procedural Direction Number 4.

Parties will not be able to provide information orally here that could be
provided in writing or at a later stage in the process. This would include
information such as technical information, questions to the Applicant, or
argument and opinion on the decisions you would like the Panel to make. This is
not what we are here to listen to today.

Sharing your traditional knowledge and your personal knowledge and
experiences on the impacts that the proposed project may have on you and your
community, and how any impacts could be eliminated or reduced, is of great help
to us. This is the type of information we’re here to listen to today. We appreciate

Nathan Cullen then began his testimony, with an acknowledgment that it was taking place  on the traditional territory of the Tsimshian Nation

Cullen. I think it does the entire process a level of respect that is actually quite
indicative of how we, in the Northwest, like to treat visitors, with respect and
understanding and an open heart. I also thank the Metlakatla Nation for allowing
me to switch times with them to make this available — I’m a little preoccup ied
with some other endeavors right now.

I think in the best tradition of Justice Berger, this Panel is attempting to
establish a balance between traditional knowledge, rights and title and the laws of
this land, and the importance of hearing oral testimony and oral evidence and
giving it the weight and circumstance that we do to technical briefings and to
other sources that upon which you will make your decision.

And let me say that I have no envy for you in the chairs that you are in.

This is an incredibly complicated matter. It weaves together many of the most
fundamental factors and decisions that exist within any nation and potentially has
an impact on many people, both here in the Northwest of British Columbia but
right across Canada and perhaps around the world.

I will also, as I’ve expressed to you privately, Panel, do my level best to
adhere to Procedural Direction Number 4 and follow in the guidelines that you’ve
set forth. It’s somewhat out of practice for serving politician to find themselves
restricted in particular ways when we are speaking but it’s good practice anyways.

Let me say that politics is my vocation, a calling, and politics ultimately at
its best is about story. It is about collecting the stories of people that we seek to
represent and then relaying those stories to a broader audience.

I see that my testimony here today is certainly on my behalf as an
independent Canadian citizen, as a resident of the Northwest, but also on behalf of
many people who either can’t speak or are intimidated by the process to be here,
who have relayed many of their concerns and thoughts and hopes through me to
you.

This is about telling our story. This proposal of a pipeline and the super
tankers that are connected to it asks us to ask questions of ourselves, as a people,
as region, and as a country. And I believe, fundamentally, if I attempt to
summarize where the concerns lay, it is a question of trust. And I will break that
down into four particular segments because I think there are elements in this
question that are important for you to consider.

First and foremost is trust of this particular company. They are the one
making the proposal through you to the Canadian Government and through you to
the people that I represent here in the Northwest. Can the company be trusted?
Has the company’s record in the past shown it to be worthy of trust? I think this
is also a technical question, although I won’t — I will refer away from the
technical aspects of trust of pipelines themselves and of the capacity to keep them
safe and of the tankers that are associated to this project in the particular area that
we are talking about, and can we trust that that will also be safe?

In some ways, this very process is the third area of trust. Can the people
that I represent trust what’s happening here? Is it as you said in your introduction,

Chairwoman — and I think it’s accurate — as established as an independent arm ofgovernment? Is it free in the way that we have designed it to come to a decision and is that decision going to be respected? That is a question that many of the people that I represent — that is a question that I ask.

And, lastly, and perhaps most fundamentally, the question of trust of the
Federal Government, the Government of Canada to honour the commitments that
they make in law and by statute, that will be actually be adhered to.

And I think as we watch the current government in action, there is a
certain amount of mistrust over the particular issue of energy and over the
particular industry of oil; that many of my constituents feel that there is not a level
playing in the conversation; that they feel that perhaps we are an afterthought to
the interests of the oil sector and that we should have a respect for a fundamental
idea as Canadians; that we live in a democratic society and that the government of
the day goes well beyond its mandate and its ethics to attempt to bully or silence
Canadians when they seek to raise their voice at Panels like this or anywhere else
across the country.

Let me start first with the companies and I will relate my personal
experience because I think that’s what you’re seeking.

It’s been a number of years since I’ve been dealing with Enbridge. This is
not new to me, this is a company that I have been dealing with for quite some
time and, upon their invitation, met them some years ago — Chairman, I think you
may have that —

Sheila Leggett interrupts and says:: Mr. Cullen, I just want to make sure that we
were going to be — you were going to be talking to us about your personal
knowledge and experience about the potential effects of the project.

Cullen: Absolutely.
Leggett. THE CHAIRPERSON: Terrific.
Cullen: Absolutely. Allow me to relate –
Leggett:  On you or your community.

Cullen That’s right.

Leggett: Thank you.
Cullen: So allow me to relate to this.  So my first personal interaction with the company outside of some emails and some telephone calls, was a meeting that was held in Vancouver talking about how the company would interact with my community and what the effects would be of that interaction.

And the first thing that the company wanted me to know was that they had
been able to successfully raise a $100 million in the effort to promote this project;
a $100 million that was received in $10 million allotments that was from
undeclared sources.

I asked who is behind that and they neglected to reveal that, which is fine.
Since that meeting a number of years ago, we do know now who some of those
companies are. The reason this is relevant is that we have been unable to
encounter any project in Canadian or U.S. history that has had that type of money
and support behind just the promotion and engagement of citizens. It’s an
extraordinary amount of money and that money bares influence and it can’t be
ignored.

I thought it was an extraordinary claim for them to make, to be the first
thing that I should know, and it led to the second conversation; this is relevant to
your intervention that I sought with Enbridge to conduct community forums to
inform people as to the risks and benefits as perceived by both the Proponent and
opponent of the project. I thought that was a worthwhile role for a Member of
Parliament to play to facilitate that engagement.

I had not taken any public stand on the project. I had not made any public
utterances and thought my best engagement is what you’re essentially attempting
to do right here, which is to find out the various views about moving raw bitumen
1,100 kilometres in a 36-inch pipe and a corresponding pipe coming from the
coast into the interior.

For more than 18 months that conversation went on and on and on, to the
point where I realized that it was never going to happen, that the company had notentered into good-faith negotiations with me and felt that by being in those negotiations I was unable to declare myself publicly one way or the other.

I now turn to my experience with the Gitxsan Nation —

After Cullen’s statement about the lack of good faith negotiations, Laura Estep,  one of the lawyers for the Enbridge Northern Gateway objected.

We would like to express an objection to this presentation. We believe that it is argument. It is argumentative. It is a political agenda. This is nothing more than a political speech and we object on that basis.

Mr. Cullen has been directed on numerous occasions, in writing and
otherwise, by the Panel as to what constitutes appropriate oral evidence. We’ve
been listening this morning and have yet to hear that.

I don’t think it’s appropriate to continue waiting for something appropriate
to be provided in terms of oral evidence. It’s not oral evidence what he’s been
giving so far.

At this point, the transcript dryly notes “Reaction from the public” and Leggett calls for order in the room, going on to say:

This is a serious proceeding and we need to be able to have it unfold in a way that shows the kind of respect that we’ve all gathered here to be a part of. So I’d ask the audience to please refrain from verbally expressing or by handclapping or anything like that your perspectives.

Legget then asks, Mr. Cullen, any comments in reply?

Cullen: I’m surprised it took 10 minutes.
(Laughter/Applause)

Leggett: Excuse me —

Cullen: The notion — Madam Chair, I think it’s your comments about the audience.

Leggett: No —

Cullen: I also referenced those questions and those opinions.
I think it is critical for us to show as much decorum and respect and I’ve
attempted to, in my comments, to show that respect.

I looked very carefully at this Procedural Direction Number 4 and what is
oral evidence; it’s in the second bullet:

“Personal knowledge and experience about the potential effects of
the project on you and your community.”

My initial intervention in this was to describe the approach that was taken
and is being taken by the company to engage with my communities in the
promotion of the project and to describe the merits from the company’s
perspective.

I then described my intervention with the company to attempt to have as
much public engagement and disclosure as possible around the project and was
denied that.

I think both of those references directly speak to how the company seeks
to engage the people that I represent, which speaks to my personal knowledge
about the potential effects on the project and the community. How a company
engages a community is also linked to how the project will be manifest.

I will seek to speak to the personal references that I have and the
experience that I have with this company, but it shows some umbrage from the
company who attempted to limit my ability to even speak here at all today to then
suggest that they have the interests of the Panel at heart when they intervene
within eight and a half minutes to attempt to limit my testimony further.

Legett: Mr. Cullen, this is not a political statement.

Cullen: Absolutely.

Legett: And you’ve recognized as a politician it’s difficult from that aspect of it. I would ask you to please talk to us about your personal knowledge and experiences on the potential effects of the project.

Cullen: Absolutely.

 

Leggett: So if we could get straight to that point.

 Cullen: Absolutely.
Leggett So if we could get straight to that point.

 Cullen: Sure.
Leggett The Panel doesn’t need to hear the preamble and the setup of that. We’re interested in just getting straight to your personal knowledge and experiences about the potential effects.There are other stages in the process for argument —

Cullen: Sure.

Leggett —as you’re well aware, and as an intervenor you’ll have that opportunity at the appropriate place. But the concept of the oral evidence is to hear directly from you on yourpersonal knowledge and experiences on the potential effects of the project.

Cullen: So may I ask a procedural question then?

Leggett Go ahead.

Cullen: The point I was getting to before being interrupted was
my experience with the Gitxsan Nation and spending time with people in the
Hazeltons immediately following the impacts of a deal that had been publicly
reported to be signed between the Gitxsan Nation and the Enbridge company and
the local community effects.

I think it may be overly restrictive to suggest that only once a pipeline in
the ground and the effects of a potential spill are the only impacts. I would argue,
and respectfully argue to the Panel, that the engagement with the communities
that I represent is also an impact of the project, that the First Nations’
engagement, the engagement at the community level is part and parcel of what this project is.

To suggest that it’s only an engineering question full stop seems like it
would limit the ability of people presenting, as I am, to relate who this company is
and what they seek to do through the course of the implementation of this project.

The way a company conducts itself with a community in advance of a
project is also indicative of maybe how they will conduct themselves with a
community after the project is in the ground, if you follow my line of reasoning.

Leggett Again, I would remind you that we’re not here to hear argument.

 Cullen: I understand.

 Leggett We’re not here to hear the case from that perspective. And so I would ask you to continue to bear in mind that I will interrupt you —

 Cullen: Of course.

Leggett —and we need to hear your personal knowledge and your experiences about the potential effects of the project.

Cullen: Yeah.

Leggett And so within that context, I’d ask you to
proceed so that we don’t end up spending your time on this. I know you have 45
minutes —

 Cullen: Sure. So —
Leggett — and I know you probably have a busy schedule, so let’s listen to you again and see how this works.

Cullen: Let me try this and you’ll interrupt again if I’m offline. Inherent in the project is the ability to have agreements with First Nations. That is in the Application. That is in the nature and design of the project.

In my personal experiences, particularly in dealing with the Elders andHereditary Chiefs of Gitxsan, the project has been, to this point — in the attempt to sign a negotiated agreement to enable the project, the impact has been incredibly negative on the people within that nation.

I met with Enbridge some weeks ago in Ottawa, asked the company representatives if they would take responsibility for any of those upfront impacts of the way they were treating the First Nations people that I represent. I was told “No”. I think that’s wrong.

I think we cannot simply say that the impacts are only in the prospective
idea of a pipeline breaking upon the land or a super tanker running into an island
and leaking into the ocean. I think those are real. Those are perceived and
accurate.

But I think in the nature of the communities that we represent — that I
represent and that you will be visiting, it is also inherent in the way that we have
relationship. We started today off with relationship. We talked about respect.
You thanked the people who came in for their honouring of today. That is what
we are in fact also talking about.

I don’t know if I’m within the bounds of Procedural Direction Number 4,
but it feels to me that the two cannot be separated, that the way the company
conducts itself within the local communities and the First Nations is inherent to
the way the company will conduct themselves in the engineering and the cleanups
if there is an accident. Those two things seem to me indivisible.

Before I continue, I want to seek if I’m at all on the right track.

At this point the three members of the panel confer among themselves.

Leggett Mr. Cullen, you started your presentation by saying that you had stories to tell.

Cullen: That’s right.

Leggett And the stories that you are hopefully going to tell us about the land and the history of the land; that’s what oral evidence is about.

As far as potentially discussing what you believe is the credibility of the
company and those types of things is not within the framework of oral evidence.

As I said before, there is a different time in the proceeding for argument,
to present your views, to present the thoughts on how you think things have
unfolded, but the oral evidence is particularly to — as we’ve mentioned time and
time again, the Aboriginal traditional knowledge is a good indication of —

Cullen: Sure.

Leggett –what oral evidence is. So if you could constrain yourself to the stories, for example, of the land, of the history of the land, that would be the information that would be mosthelpful to us at this point.

 Cullen: I appreciate the Panel’s comment.  I was going to impugn that on the question of credibility. If the company has none, I won’t approach it in my testimony today.

Leggett Mr. Cullen, please, that’s not appropriate. Could you please proceed if you have stories about land use and the history of the land?

Cullen: So —

Leggett: If you don’t have –

Cullen: Absolutely.

Leggett —that, then I’m afraid it won’t be a good time
for us to listen to you.

Cullen: The history of the land is implicitly connected to the people who live here. The history of the land, the traditional knowledge that has been accumulated of this land, we have an expression here that says “The land makes the people. The people don’t make the land”.

— (Applause/Applaudissements)

Cullen: And it seems —

Leggett Excuse me, for people listening in over the
internet and also for the Panel, it’s very difficult when tthere continue to be
interruptions from the audience.

So could I ask you for your cooperation in helping us be able to proceed
here in a way that we can all hear and appreciate the oral evidence that’s being
provided?

Thank you.

Cullen: It’s tough. These are emotional and powerful issues for
people, and they — it’s tough to tell folks in the North to restrain themselves
emotionally sometimes. We are a passionate people, particularly when it comes
to the land.

The history of this land is connected to the people. The stewards of this
land have been the First Nations people for millennia.

The impact that I have seen to this point on the stewards of the land, by
even just the proposal of this project, has been to — so discord and a great division
within some of the communities that I represent. This is at a very personal level.

You asked for personal stories in which Elders have felt that expressing
their opinions one way or the other on a project has exposed them to abuse and
criticism, that it has divided communities, some of whom are very small and
intimate places to live.

The question that we have before us is: What impacts will this project
have on the land and the people which it sustains?

The proposal that a 36-inch pipeline carrying 525,000 litres of oil -barrelsof oil per day across some of the most rugged and difficult land to traverse, and the inherent risk that is associated to such an endeavour has affected people at their core because unlike some places in this world, the connection of people to that land is implicit, is inherent, and is in fact defended by the very Supreme Court of this country, that when a project comes along under the lawsand guise that are developed here in Canada, the law is not on our side. And so the impact on people at a personal level, the impact on people’s ability to imagine a viable economy, to remain stewards of both the ocean and the land is what is being put at risk.

Before we started our hearings today, I spent some time looking out at the
ocean and wondering, are there any decisions — is there anything that we are
doing here today to put that at risk? And that is true.

It is impossible for me, as somebody who represents 300,000 square
kilometres of north-western B.C. to suggest that the imminent threat of super
tankers, bigger than the Empire State Building, ploughing some of the most
difficult waters to plough does not have implicit threat to the people I represent.

When I visit the communities of Hartley Bay and Bella Coola, Metlakatla,
Lax Kw’alaams, the connection people have to the ocean environment is second
to none. It may be in fact difficult for some Canadians to understand that don’t
live in such communities.

You have the great fortune of visiting some of these places. You will eat
the food that they will generously provide for you. There’s an expression that
says, “When the tide goes out, the table is set”. And the people that I represent
and the impacts upon their very way of life cannot be measured only in dollars
and cents but in the very cultural fabric that holds people together.

You asked me for my personal experiences and what the potential impacts
of this project are. Before even a shovel has hit the ground the impacts have been
felt. I understand you don’t want that kind of testimony today. You want
something more implicit to the proposed actual building of the pipeline, but if
something starts off so badly at a human level, at a community level, how can we
expect it to turn out well in the end?

Ms. Estep: Madam Chair, I’m sorry to interrupt — interject again, but Icontinue to — Northern Gateway continues to maintain its objection that this is argument, not oral evidence.

The views he’s providing are argument, and we will be hearing directly
from the Metlakatla and the Gitxsan. Those parties can speak for themselves as to
the cultural impacts and their oral traditional knowledge. They’ll provide that
directly to the Panel.

Leggett Mr. Cullen, again, if we could get you to focus
in on the stories that —

 Cullen: Sure.

Leggett —you’re bringing today to us about the history of the land and the land, and to stay away — I mean, it’s not that we don’t want to hear your argument.

Cullen: I understand.

Leggett But it’s just not the right place.

Cullen: I understand.

Leggett And it’s the oral evidence piece that we’re here to hear from you today. So again, I would direct you to come back to that aspect.

Cullen: M’hm.

Leggett If you would like a little bit of time, we’d be happy to take a bit of a break for you to rethink where you want to talk to the Panel today or, you know, just proceed on that basis, but —

Cullen: I think best while talking, so I’ll keep on talking.

Leggett But while you talk, would you please contain yourself to the oral evidence, please?

Cullen: Yeah, absolutely. If I come, Madam Chair, to the point of objection that was raised, I take some significant umbrage with the idea that is suggested by the company that Ihave ever at this point, or any point in my political career —

Leggett Mr. Cullen —

Cullen: — attempted to speak on behalf of — Madam Chair, you
have to allow — there’s been — when interjections like this come there’s a certain
impugning of reputation that happens. To not be able to address the point of order
that is being raised by Enbridge seems to leave me at a certain disadvantage, that I
am only being accused of certain things and not being able to defend myself of
those accusations, and that, to me, seems somehow unfair.

Leggett Mr. Cullen, the objection that’s been raised is in
terms of the content of the material that you’re presenting —

Cullen: That’s right.

Leggett — in terms of oral evidence.  The Panel is continuing to remind you and ask you, please, to go to the personal knowledge and experience about the potential effects.

Cullen: So —

Leggett If you can’t do that —

Cullen: Okay. Allow me to —

Leggett — then we will have to —

Cullen: Let me try this.

Leggett — we’ll have to tell you that, you know, we’ll look forward to your argument at the right time, but the oral evidence piece will be finished for today.

Cullen: Let me try this. I met with a company, one of the leading companies globally who deals with spills from tankers. They’re the best of the best. I asked them for what the recovery rate was considered a success on a marine accident. I was told that in ideal conditions, anywhere approaching 10 per cent recovery of the total spill was considered successful.

I have lived by these waters. I represent the people who depend on these
waters. That knowledge and the potential impacts of a spill within the marine
environment and the inability to clean those up is a personal experience and a
knowledge — we cannot forbade the idea that we have to have actually sat in an
oil spill in order to comment on what the effects are going to be to the coastal
environment here.

We have knowledge at our hands in terms of what these impacts can be. The communities I represent are deeply concerned about this. My experience with them has been, in the past, when there have been accidents, the Queen of the North, for example, that the promises that have been made by both government and the private sector alike are only made when the cameras are rolling, but when the attention disappears the cleanup isn’t there.

And that is real and important in terms of the experience that we have had in the North Coast in dealing with government and in dealing with the private sector when commitments are made in the proposal of an idea that are not followed up in the actual implication and implementation of that idea. That is real experience; that is knowledge.

Leggett And, Mr. Cullen, you’re again referring to
technical information and scientific information, and again that’s a piece that will
come forward —

Cullen: Okay.

Leggett –in the cross-examination phase. I would still –

Cullen: Sure.

 Leggett –ask you to focus on the stories that you told you were bringing us today —

Cullen: Sure.

Leggett — about your personal knowledge and experiences about the potential effects of the project on you and your community.

You’ve — you and I are having this discussion on a regular basis now. If
the information you’re bringing just doesn’t fit within that scope today, then I
would — you may be asked to stop and we’ll hear from you at the appropriate time
when —

Cullen: So, may I ask a question before I proceed?

Leggett If you would proceed with your evidence that would be helpful and we will continue to go from there.  Mr. Cullen, this is a very important process and —

Cullen: I absolutely understand, Madam Chair.

Leggett –it’s very important that we deal with the aspects that are in front of us, and right now we’re in the oral evidence collection phase.

Cullen: That’s right.

Leggett: And as we’ve said many times, a good reference
point for that is the Aboriginal traditional knowledge. That’s the aspect of oral
evidence that is pertinent to this point of the review.

 Cullen: As has also been declared, the personal knowledge and
experience about the potential effects of the project on you and your community.

Leggett: Correct.

Cullen: I’m simply trying —

Leggett: That’s absolutely correct.

Cullen: — to follow the rules that you’ve been given out to the
witnesses. I find — I hold this Panel in respect. I attempt in every angle and word to adhere to the guidance that you’ve given me, the personal knowledge and experience about the potential impacts/effects of the project on me and my community.

I feel at this point somewhat disheartened that, in effect, the interpretation
of the guidelines being allowed and permitted at this stage so encumber the ability
of someone from the north, someone who represents people to actually present
what my experience has been with this company and what my experience has
been with the people that I represent and the implications of this project on those
people and on me and my family.

I find that through whatever course of angle I take the words that you gave
me and I seek to apply them to my evidence and I feel that it’s near to impossible
— near to impossible in the restrictions that have been offered and the
interpretation of that one line, that one sentence, that in fact you’re looking for
something entirely different.

Leggett: What we’re looking for is your evidence not
your argument.

Cullen: The evidence that I have is that, in fact, this process
suffers under a certain amount of intimidation from the Prime Minister of this
country.

Ms. Estep: Madam Chair, we continue to object. This is completely
inappropriate.

You’ve reminded Mr. Cullen numerous times now and he quite clearly has
a very different interpretation of what personal experience and oral evidence is.
And that just simply is not within the scope of what we are trying to do here
today, as you have pointed out numerous times.

Leggett: Mr. Cullen, at this point I’m going to suggest that we take a 10-minute break and —

Cullen: Five is good, if you don’t want to waste your time.

Leggett: I beg your pardon?

Cullen: Five is okay?

Leggett: Five is just great. Thank you.

Cullen: Good.

 Leggett: And again I want to make sure that you understand that it’s not that we don’t want to hear from you —

Cullen: I understand.

Leggett: — it’s just the time and place and the content, and so final argument would be the place for the type of information that you’ve been providing to the Panel today.

Cullen: Absolutely.

Leggett: And if you do have other information that relates to evidence as far as your personal experiences and knowledge, that’s what we’d like to hear about today. At a different point, which is the final argument, that’s where we’ll want to hear further in terms of the way you’re speaking today.

Cullen: Absolutely. So five minutes?

Leggett: Thank you.  Five minutes.

— Upon recessing at 10:01 a.m.
— Upon resuming at 10:08 a.m.

 Leggett: We’d like to get underway, please.

UNIDENTIFIED SPEAKER: Attention.

Leggett: Thank you for your help. That’s terrific. So
we’ll get back underway.

I just wanted to start off by saying, from the perspective of the Panel it’s an interpretation aspect. Your interpretation of what oral evidence is falls within our expectations of what argument is. And so I want to be clear that the stage and place for that is at a later time. And the oral evidence piece that we’re here to talk about is as you started to talk earlier on about your stories about the land and the historical land use. And so with that we’ll turn it back over to you.Thank you.

Cullen: You’re inviting me back for later, is what you’re saying.

Leggett: You’re an intervenor in the process, Mr. Cullen;we welcome you at all the appropriate times.

Cullen: Just keeping it friendly. Let me allow this; I wasn’t born here, I was born in Ontario and I chose to live here. I can remember coming off the ferry here in Prince Rupert with a beat-up ’86 Tercel and driving across the northwest to what I thought was an eight-month experience to do a contract in Smithers B.C. I had no expectations that this would become my home. I had no expectations that this would become my family.

I think the experience that I had driving across the north that day — it was a beautiful morning, going over the rivers and by the lakes and seeing the mountains — the most clear thought I had that day was if we mess this up there’s not much hope for us because everything’s here.

I’ve lived around the world. I’ve worked in countries that do not have the fortune that we have. And I realized that while this place is incredibly powerful -and I’m sure you share those feelings, having spent some time here — it will only continue with us if we respect the land.

The interconnectivity that I’ve seen between people and the land — my interconnectivity has increased enormously since living here. When I attend the feast halls of various nations across the north from Haida Gwaii to Fort St. James all the way to the Taku River Tlingit in the far north down to the Bella Bella and Bella Bella Coola people in the south, all of which is contained within this one federal riding.

It has been one consistent factor, and that is the land supports us and we must defend the land. That my ability, not just as a representative but as a citizen and resident of this place, to speak up when necessary in defence of this place is my responsibility and it will not be curtailed or shut down by anything. I think it is incumbent upon all of us when we live here.

I took a trip with some friends, who are also elected representatives, down the Douglas Channel two summers ago — and I hope this bears relevance to what we’re talking here today — and it was in a fishing boat. We like to fish up here. And it was not a big boat, 30, 35 feet. And I wanted to take the actual route that is being proposed by the Proponent. I wanted to see the waters. I wanted to see the channels. I wanted to understand what the challenge was in moving these incredibly large vessels through these particular waters.

And it was a beautiful day, it was a sunny day, it was summertime, and I was most struck coming out of the Douglas Channel going towards the ocean by the incredible sharpness of the turns that are required and having done at least a little bit of research on what the capacities and capabilities of super tankers are to manoeuver and to move.

I was asked this question that over the course of this project there will be approximately 15,000 sailings through that route, and I have to ask myself, and I ask this Panel, what the perspective is of perfection when humans are involved; that can we sail that narrow channel 15,000 times through all kinds of weather, all kinds of circumstances, both human and environmental, with never having made a mistake once, because we can’t make a mistake once.

When I stay in Hartley Bay people who this country celebrated as heroes,
as you’ll remember, after the sinking of the Queen of the North, they risked their
own lives to go out and save people.

And when I’m in Hartley Bay you have to hit the day right in order to see anybody because if it’s a day when you can go out and collect food, if it’s a good day for getting clams or sea urchin,  you’re not going to find anybody around.

11018. And in my vocation as a politician what I’m trying to do when I visit a community is see people, but I don’t despair when I end up Hartley Bay or Bella Coola and everybody’s gone, and they’re out fishing and they’re out collecting, and they’re out sustaining themselves and sustaining the land. And I’m reminded of that inherent connection every time.

And so when the Panel seeks to understand what’s being put at risk here, it’s not simply a meal, it’s not even just a job, but it’s an entire culture and way of live.

We sometimes say we are a salmon people, and you live here long enough you understand the inherent connection of that one species to our vitality as people. And we cannot survive without it.

So in your deliberations and your understanding of what the merits and the implications are of this particular project, you have to understand what the implications are for us. And it’s everything, it’s everything.

You’ll spend some time looking at this project. Maybe it seems like a long time to you but it’s very short for us. And you’ll move on and you’ll do other things.

I hope you’re impacted, as I have been by the people, because I know we’re supposed to talk about the rivers and the oceans and the trees, and all those things are important, but it’s the people that I think of when I’m here today.

And when I’m in the feast hall and we celebrate, we celebrate culture, we celebrate the bounty of this land, we celebrate coming together and forming nation. And I think what wealth we have and how generous people are here in sharing that wealth.

Thank you for your time.

— (Applause/Applaudisement)

Leggett Thank you, Mr. Cullen. The Panel has no questions.

— (Applause/Applaudisement)

Leggett: Thank you, Mr. Cullen. You’ve left the table now, but the Panel has no questions of clarification

 

Cullen files objection to Enbridge request for time limit on JRP speakers

Nathan Cullen
MP Nathan Cullen speaks at a meeting of halibut fishing guides in this April 1, 2011 file photo. (Robin Rowland/Northwest Coast Energy News)

Nathan Cullen, MP for Skeena Bulkley Valley, and a candidate for the leadership of the New Democratic Party, has filed a formal objection with the Northern Gateway Joint Review panel to Enbridge’s request that non-aboriginal speakers be limited to just ten minutes, saying he is “shocked at such attempts to change the rules mid-hearings.”

If granted, the time limit would apply beginning at the hearings in Prince Rupert this weekend.

The village of Old Massett on Haida Gwaii also filed a letter of comment objecting to Enbridge’s stance, calling Enbridge’s request “a mockery of the whole [JRP] process.” A number of people who also filed letters of comment on their own behalf objecting to the Enbridge motion.

In his letter, Cullen says:

It is my duty, and right, as Member of Parliament for Skeena-Bulkley Valley to express and defend the views and interests of my constituents. I have spoken with constituents across Northwest British Columbia and most residents in the riding have expressed concerns regarding the Enbridge Northern Gateway Pipeline. It is for this reason that I decided to participate in the review process.

When assessing how best to participate, I chose to act as an intervenor, in part, because it offered more than 10 minutes to address the Panel. I am sure the Panel can appreciate that Skeena-Bulkley Valley is one of the largest federal ridings in Canada with diverse communities. Sharing my personal knowledge and breadth of experiences from over seven years representing and working with these communities cannot be done in 10 minutes or in writing. I therefore requested, and was granted, 45 minutes for oral evidence.

It was with grave concern that I read the letter submitted February 13, 2012 – a mere five days before I will speak to the Panel – requesting that non-Aboriginal participants giving oral evidence have their time limited to 10 minutes. I am shocked at such attempts to change the rules mid-hearings.

Cullen says the letter from Ken MacDonald, Vice President Law and Regulatory for Enbridge Northern Gateway covers two seperate issues. The first is that non-Aboriginal participants presenting oral evidence not stray from the guidelines to speak about traditional or personal knowledge. Cullen says “this directive is a fair request.”

He then adds, “limiting speaking time neither guarantees nor is necessary to ensure
that presenters follow the guidelines. I can therefore only read this request as an effort to silence, among others, elected officials.”

Although Cullen says “presenters must diligently ensure that their oral evidence is within the realms established by all Procedural Directions” and adds “ The Panel has its set of tools that it can use to ensure that speakers do not stray from those directives and it should remain
in the hands of the Panel to make such judgments,” experience at the hearings shows that whether the witness is aboriginal or non-aboriginal, there is usually a grey line between recounting traditional or personal knowledge and expressing fears based on that knowledge. The panel permits the former but tries to cut off “arguments” when the witness crosses that grey line.

Cullen concludes, “I can assure you I have prepared my evidence with this in mind.”

John Disney, Economic Development Officer for Old Massett, filed a comment on behalf of the village council:

This office on behalf of the community of Old Massett wish to strongly object to the above quoted letter submitted by Enbridge Northern Gateway Pipelines (ENGP) to the JRP pertaining to the Prince Rupert hearing schedule. It is preposterous that the proponent of this entire project is now trying to influence the process that is purported to be separate and at arms length from themselves.

ENGP should not and must not have any influence on the process. They have made their application and should now be patient and await the outcome of the process. Anything less is a flagrant violation of the democratic process and for them to think they can now step in and ‘change the rules’ is arrogant at the least and violates all democratic principles at the worst.

This office therefore strongly recommends that this request be denied and the process be allowed to continue. The non-aboriginal interveners and their representatives have a strong and very relevant message to present to the JRP. To curtail this message would make a mockery of the entire process.

Nathan Cullen’s response to Northern Gateway Pipelines request to limit time (pdf)

Old Massett Village Council Letter of Comment pdf

Enbridge asks JRP to limit Cullen, Suzuki Foundation, other non-aboriginals speaking at Prince Rupert hearings

Enbridge today filed a motion with the Northern Gateway Joint Review hearings asking that the Member of Parliament for Skeena Bulkley Valley, Nathan Cullen, also a candidate for the NDP leadership, local MLA Gary Coons and others, including the T. Buck Suzuki Foundation, be barred from speaking more than 10 minutes before the hearings in Prince Rupert scheduled for Friday and Saturday of this week.
Related: Coons says Enbridge is trying to “silence voices of the north coast”

It also appears from the motion filed by Enbridge that it seeks to limit the time before the panel both at Prince Rupert and in the future by any intervenor who is not aboriginal to just 10 minutes.

Enbridge’s letter to the JRP says:

The Joint Review Panel (“Panel”) has Community Hearings scheduled in Prince Rupert, British Columbia on Friday, February 17 and Saturday, February 18, 2012. Northern Gateway anticipates that several individuals and organizations will appear, including: Mr. Gary Coons (MLA North Coast), Mr. Nathan Cullen (MP Skeena-Bulkley Valley), the Métis Nation of British Columbia, Metlakatla First Nation, T. Buck Suzuki Environmental Foundation, and the United Fisherman and Allied Workers Union.

In the Community Hearings to date, in Northern Gateway’s opinion, the majority of the oral evidence from non-Aboriginal participants has not met the criteria set out by the Panel in Procedural Direction #4. Many of the submissions have been in the nature of argument, or have addressed matters that were properly the subject of written evidence. There will be an opportunity to provide argument to the Panel in due course.

In addition to the written directions the Panel has already issued, Northern Gateway appreciates that the Panel continues to provide directions to intervenors regarding the nature of evidence that will assist the Panel in its opening remarks at each Community Hearing.

To further assist the parties and the efficiency of the process, Northern Gateway requests that the Panel consider limiting the time for oral evidence that is allocated to non-Aboriginal participants  to 10 minutes each, unless the intervenor is able to justify additional time in accordance with  Procedural Direction #4. Northern Gateway believes that this would allow the hearing in Prince Rupert to conclude on Friday, February 17th, while still enabling intervenors to provide oral evidence.

 

The January ruling that in the first round that panel would hold “Community Hearings” has caused anger and confusion ever since the hearings began in Kitimat on January 10. The panel concentrates hearing “traditional knowledge” from aboriginal participants and “local knowledge” from non-aboriginal, but cut off all witnesses whenever they stray into what the panel considers arguments, saying they will have an opportunity to make those arguments at some unspecified time in the future set aside for final arguments.

(more to come)

Northern Gateway Pipelines Letter to_the JRP Prince Ruper Hearing

 

A84 Panel Commission Letter to all Parties_-Clarification of Oral Evidence and Questioning at the Community Hearings

The No To Tankers Rally, Prince Rupert, BC, Feb. 4, 2012

Audio slideshow: No To Tankers Rally, Prince Rupert, Feb. 4, 2012No To Tankers Rally
The Gitga'at First Nation led the No To Tankers Rally in Prince Rupert, BC, February 4, 2012.

 

Click on this link to launch audio slideshow

A crowd estimated by the media at high of more than 2,000 to a low of about 600, marched through the streets of Prince Rupert on Saturday, February 4, to protest against Enbridge’s $5.5-billion Northern Gateway bitumen pipeline and the associated super tanker traffic.

The protest was organized by the Gitga’at First Nation, of Hartley Bay, at the mouth of Douglas Channel . Nearby Wright Sound, known for its tricky currents and winds in bad weather would be the passageway for most of the tanker.

The Tsimshian First Nation, the hosts, welcomed the Gitga’at and protestors from other First Nations and reisdents of northwestern BC, before the the march began at Pacific Marinter’s Memorial Park.

It ended at the Jim Ciccone Civic Centre, where, iin the afternoon, speakers spoke about environmental concerns, followed by a dancing and concert in the evening.

Gitga’at boats from Hartley Bay rescued passengers after the sinking of the ferry Queen of the North in 2006.

The Gitga’at say oil still leaks from the Queen of the North, affecting some shellfish beds in the area.

Northern Gateway Joint Review moves major hearings to Kitkatla, other coastal towns

The Northern Gateway Joint Review panel has made major changes to the hearing schedule.

Originally the schedule called for ten days of hearings in Prince Rupert. There are now seven days of hearings at Kitkatla, but not on consecutive dates.

A new schedule released this morning shows new emphasis on the towns along the coast. Prince Rupert is now down to two days.

Second update Feb. 1, 2012  The hearings at Bella Bella  Feb. 3 and on Feb. 4, have been rescheduled to April 2 and 3, 2012. The Heiltsuk say the request to reschedule the hearings was made because key individuals important to the oral evidence were out of town on other commitments on the original February dates.

The hearings at Hartley Bay will take place on March 3 and 4 at a location to be confirmed.

At Kitkala, the hearings will be held on March 9. 12, 13, 14, 15, 16 and 19 at Lach Klan School William Shaw Memorial Gymnasium.

RTA returns lands to Cheslatta Carrier Nation

Rio Tinto Alcan transfered  sixty three district lots totalling just over 11,000 acres or 4,4500 hectares  of land to the Cheslatta Carrier Nation in British Columbia on Monday, Jan. 30. 2012.

The transfer took place at a ceremony at the community hall at Grassy Plains, BC, near Burns Lake.

A news release from Rio Tinto Alcan quotes  Jean Simon, president and chief executive officer, Primary Metal, Rio Tinto Alcan, as saying.  “This important event is the culmination of over ten years of discussions between us and the community to return these traditional lands to the Cheslatta Carrier Nation. Today is an important milestone and represents how we can move forward cooperatively,”

“I am honoured to be the one, on behalf of our company, to bring this long standing issue to conclusion for the benefit of the Cheslatta Carrier  Nation people.”

The release quotes Cheslatta Chief Richard Peters: “Today we get back what we lost 60 years ago. Land is the backbone of any community and this land is truly the foundation for our future.  We are most grateful for the hard work and dedication of former Cheslatta leaders and we also thank Rio Tinto Alcan for being a modern and progressive corporation that understands the significance of the land to the Cheslatta people. We are fully committed to continue working together.”

The RTA release also quotes  Paul Henning, vice president, Strategic Projects, Western Canada for Rio Tinto Alcan a saying: “I am proud of the respectful and effective relationship that we have developed with the Cheslatta Carrier Nation. I am also proud that both parties demonstrated great patience, support and commitment to this process that allows us to recognize the past while opening a new door to a brighter future.”

The Cheslatta Nation says the land will be held as fee simple, private property. It will not be an Indian reservation, and not subject to the Indian Act. The Cheslatta have no immediate plans for the 64 lots sitting on the Cheslatta and Ootsa Lakes. The Cheslatta also presented a 40-acre, 17 hectare, parcel of shoreline property on Ootsa Lake to several non-native residents of the area, with hopes that a recreation complex might be established there one day.

How Alcan obtained the traditional Cheslatta territory when the company was building the Kenney Dam in preparation for the Kitimat project has been controversial ever since the events began 60 years ago in 1952.

According to John Kendrick’s history, People of the Snow, the History of Kitimat, Alcan worked through the then Department of Indian Affairs at the time the company built a temporary dam on Murray Lake.   Building that dam flooded the then Cheslatta reserve and traditional hunting, fishing and logging lands in the Ootsa Lake area.

According to Kendrick, Indian Affairs gave the Cheslatta Nation just one week to move from the existing reserve to the current location at Grassy Plains.  The history says that while many members of the Cheslatta Nation were out on traplines, those remaining in the settlement were pressured by Indian Affairs to vote in favour of “surrender” of the land. Due to misunderstandings, Kendrick says, what the Cheslatta Nation thought was compensation for just the move was actually the “surrender payment” and the new settlement had to be paid for out of that money. There was no compensation for loss of other traditional lands or traplines.

The Cheslatta did reach a settlement with Alcan in the late 1980s.