In a two to one decision, the Federal Court of Appeal has overturned the Harper government’s approval of the Enbridge Northern Gateway Pipeline, finding that the federal government’s consultation process with First Nations on the BC coast that occurred after the NEB decision and the Joint Review Panel Report was inadequate, saying:
We conclude that Canada offered only a brief, hurried and inadequate opportunity in Phase IV—a critical part of Canada’s consultation framework—to exchange and discuss information and to dialogue. The inadequacies—more than just a handful and more than mere imperfections—left entire subjects of central interest to the affected First Nations, sometimes subjects affecting their subsistence and well-being, entirely ignored.
The dissenting judge found that the federal government under Stephen Harper had adequately consulted the First Nations. The split decision means that one of the parties, either the federal government, Enbridge Northern Gateway or the Canadian Association of Petroleum Producers may seek leave to appeal to the Supreme Court of Canada.
The Environmental Protection Division of BC’s Ministry of Environment is launching a major study of the water quality in the Kitimat valley, first on the Kitimat River and some of its tributaries and later on the Kitimat Arm of Douglas Channel.
There has been no regular sampling by the province in Kitimat since 1995 (while other organizations such as the District of Kitimat have been sampling).
Jessica Penno, from the regional operations branch in Smithers, held a meeting for stakeholders at Riverlodge on Monday night. Among those attending the meeting were representatives of the District of Kitimat, the Haisla Nation Council, LNG Canada, Kitimat LNG, Rio Tinto BC Operations, Douglas Channel Watch, Kitimat Valley Naturalists and the Steelhead Society.
As the project ramps up during the spring and summer, the ministry will be looking for volunteers to take water samples to assist the study. The volunteers will be trained to take the samples and monitored to insure “sample integrity.” Penno also asked the District, the Haisla and the industries in the valley to collect extra samples for the provincial study and to consider sharing historical data for the study.
With the growing possibility of new industrial development in the Kitimat valley, monitoring water quality is a “high priority” for the province, Penno told the meeting. However, so far, there is no money targeted specifically for the project, she said.
The purpose of the study is to make sure water in the Kitimat valley meet the provinces water quality objectives, which have the aim of watching for degradation of water quality, upgrade existing water quality or protect for designated uses such as drinking water, wildlife use, recreational use and industrial water supplies as well as protecting the most sensitive areas. It also provides a baseline for current and future environmental assessment. (In most cases, testing water quality for drinking water is the responsibility of the municipalities, Penno said. The province may warn a municipality if it detects potential problems, for example if a landslide increases metal content in a stream).
Under the BC Environment system, “water quality guidelines” are generic, while “water quality objectives” are site specific.
One of the aims is to compile all the studies done of the Kitimat River estuary by the various environmental impact studies done by industrial proponents.
The ministry would then create a monitoring program that could be effectively shared with all stakeholders.
At one point one member of the audience said he was “somewhat mystified” at the role of Fisheries and Oceans in any monitoring, noting that “when you phone them, nobody answers.”
“You mean, you too?” one of the BC officials quipped as the room laughed.
Water quality objectives
The last time water quality objectives were identified for the Kitimat River and arm were in the late 1980s, Penno told the meeting. The objectives were developed by the British Columbia government because of potential conflict between fisheries and industry at that time. The objectives were developed for the last ten kilometres of the Kitimat River and the immediate area around the estuary and the Kitimat Arm. “The Kitimat is one of the most heavily sport fished rivers in Canada,” she said.
However, the work at that time was only provisional and there was not enough water quality monitoring to create objectives that could be approved by the assistant deputy minister.
There has been no monitoring of the Kitimat River by BC Environment since 1995. “We’ve had a lot of changes in the Kitimat region, with the closure of Methanex and Eurocan, the modernization of Rio Tinto and potential LNG facilities.”
The main designated uses for the Kitimat River at that time were aquatic life, wildlife with secondary use for fishing and recreation.
She said she wants the stakeholders to identify areas that should be monitored at first on the river and the tributaries. Later in the summer, Environment BC will ask for suggestions for the estuaries of the Upper Kitimat Arm.
Participants expressed concern that the water supply to Kitamaat Village and the Kitimat LNG site at Bish Cove as well as Hirsch Creek and other tributaries should be included in the study. Penno replied that the purpose of the meeting was to identify “intimate local knowledge” to help the study proceed.
After a decade so of cuts, the government has “only so much capacity,” Penno said, which is why the study needs the help of both Kitimat residents and industry to both design the study and to do some of the sampling.
The original sampling station in the 1980s was at the Haisla Boulevard Bridge in Kitimat. A new sampling station has been added at the “orange” Kitimat River bridge on Highway 37. There is also regular sampling and monitoring at Hirsch Creek. The aim is to add new sampling points at both upstream and downstream from discharge points on the river.
The people at the meeting emphasized the program should take into consideration the Kitimat River and all its tributaries—if budget permits.
Last year, the team collected five samples in thirty days in during four weeks in May and the first week in June, “catching the rising river quite perfectly” at previously established locations, at the Haisla Bridge and upstream and downstream from the old Eurocan site as well as the new “orange bridge” on the Kitimat River.
The plan calls for five samples in thirty days during the spring freshette and the fall rain and monthly sampling in between.
The stakeholders in the meeting told the enviroment staff that the Kitimat Valley has two spring freshettes, the first in March during the valley melt and later in May during the high mountain melt.
The plan calls for continued discussions with the industry stakeholders, Kitimat residents and the Haisla Nation.
The staff also wants the industrial stakeholders to provide data to the province, some of it going back to the founding of Kitimat if a way can be found to make sure all the data is compatible. One of the industry representatives pointed out, however, that sometimes data is the hands of contractors and the hiring company may not have full control over that data.
There will be another public meeting in the summer, once plans for sampling in the Kitimat Arm are ready.
That’s one of the predictions from a new study from the University of British Columbia, looking at the future of the fishery on the coast.
The study concentrates on the First Nations fishery and warns that aboriginal people could face a catastrophic decline in the harvest of traditional species, especially salmon and herring roe on kelp over the next thirty years, a decline that will also have an equally devastating effect on commercial and recreational fishing.
The main cause of the decline is climate change and the warming of the coastal waters. The study projected “modest to severe declines in catch potential” for all current commercial fisheries along the coast.
The study says that for the First Nations the between $28 million to $36 million in revenue they got from fishing between 2001 and 2010 could fall by up to 90 per cent depending on how the climate changes.
One scenario calls for a decline of up to 40 per cent in chinook and pink salmon.
If there is any good news, if you can call it that, the decline will be not as bad in northern coastal waters as it will be the warmer waters near the Lower Mainland and southern Vancouver Island. The range of some species, including salmon, herring, halibut and possibly oolichan will move to farther north along the BC Coast and into Alaskan waters.
That means in time the warming waters will also encourage an increase in other species, including sardines and some clams.
The changing oceans mean that “an increase in the relative abundance of warmer-water species was projected to lead to new or increased opportunities for commercial harvests by 2050.”
The study is urging the First Nations and other stakeholders in the British Columbia fishery to start long term planning immediately to anticipate changes in the coming decades.
The team of scientists led by Lauren Weatherdon, a graduate student at UBC, noted that while previous studies have looked at the impact of climate change on large-scale commercial fisheries, “few efforts have been made to quantitatively project impacts on small-scale subsistence and commercial fisheries that are economically, socially and culturally important to many coastal communities.”
The study was conducted in cooperation with the BC First Nations Fisheries Council and looked its seven coastal administrative regions “forming a sample of groups with diverse marine resources, geographical locations, territorial sizes, and treaty statuses.”
Within those regions 16 First Nations participated in the study, some under their treaty councils, including the Council of the Haida Nation, the Tsimshian Nations Treaty Society (including the Gitga’at at Hartley Bay and the Kitselas and Kitsumkalum near Terrace) and the Maa-nulth First Nations. The Heiltsuk First Nation at Bella Bella participated as an independent group.
The FNFC’s administrative regions intersect with five distinct ecological regions: the North Coast, comprising the Hecate Strait and Dixon Entrance; Haida Gwaii, which includes the waters surrounding the islands; the Central Coast, including Queen Charlotte Sound, Queen Charlotte Strait, and the southern tip of Hecate Strait; the Strait of Georgia; and the west coast of Vancouver Island (WCVI) .
The study says First Nations are likely to be exposed to different climate-related impacts on fisheries due to the differing ecological and biogeographical characteristics of these regions and to differing traditional and commercial harvests.
The study used a “dynamic bioclimate envelope” computer model to look at the changes to the distribution and relative abundances of the BC coastal species under two climate change scenarios, a high greenhouse gas model where society can’t curb emissions and a low greenhouse gas emission scenarios, depending on how society is able to curb the increase.
The study looked at ocean properties—including sea surface temperature, sea bottom temperature, salinity, oxygen concentration, surface action, and net primary production—using data from the US National Ocean and Atmospheric Administrations’ climate-related earth system model.
Climate change will mean that current species on the BC coast will “shift polewards.”
The study showed that by 2050, there could be declines in 87 of the 98 species in the study.
Greater losses in what the study calls “species richness” is likely to occur towards the southern coast of British Columbia, falling primarily between 48°N and 51°N. But, overall, species richness along coastal BC will continue—only with different species.
Most significantly the study projects a decline in the overall salmon catch from 17.1 per cent to 29.2 per cent, depending on the region and climate.
All aspects of the herring fishery, including roe herring, spawn-on-kelp, and the food and bait fishery could decline between 28.1 per cent and 49.2 per cent depending on the region.
The future of the oolichan is the most uncertain. One of the models studied projected a further 37.1 per cent decline in the oolichan, while other models called for for a decline between 5 per cent and 6.8 per cent. That will depend on how well, the oolichan already threatened in most regions of British Columbia are able to adapt to warmer waters or find a way to move their range northward.
The study says white sturgeon and Pacific sardines were projected to increase in abundance under both climate change scenarios, while manila clams were projected to increase in abundance by 14.5 per cent in one of the models. The eight remaining species showed little change.
The study suggests that the southern territories (Tsawwassen, Tla’amin, and Maa-nulth First Nations) will likely see a reduction in catch potential between -15.2 per cent and -27.8 per cent depending on how the climate changes.
On the north coast. The Haida and Tsimshian First Nations and those situated along the central or north-eastern coasts of Vancouver Island (Heiltsuk and ‘Namgis First Nations) would likely see smaller reductions in relative catch for each territory, with estimates falling between -3.2 per cent and -8.2 per cent.
The study shows that for the First Nations along the North and Central Coasts of British Columbia (Gitga’at and Haida, and Heiltsuk and ‘Namgis) there will be neutral or positive shifts in catch potential for white sturgeon, kelp greenling, and two species of perch under both scenarios.
While varying regionally, both scenarios also suggested either a slight cumulative decline or negligible change in catch potential for clams, rockfish, lingcod, and sculpins across the North and Central Coast.
One potential problem the study suggests is that fishers in southern British Columbia may, in the future, try to move north to follow the harvest, leading to potential conflicts. The cost of travel, may, however, discourage that.
One of the recommendations from the study is that First Nations revive the traditional clam gardens.
Traditional clam beds serve as an ideal example of a method that could be applied to offset climatic impacts through internalized mechanisms, using local cultivation to generate increased productivity by enhancing native habitat rather than redirecting extraction efforts towards other regions or species. Clam gardens constructed in a manner akin to those situated near ancient settlements of the Northern Coast Salish and Laich-kwil-tach First Nations have been found to generate higher clam densities, biomass, and growth rates than non-walled beaches . These benefits were observed for Pacific littleneck clams and butter clams , two clams that are of cultural, economic, and ecological importance to the region Reinstating clam beds in First Nations’ territorial lands has been suggested as a means of simultaneously achieving local conservation and cultural objectives and may thereby provide a politically and ecologically viable option for mitigating climate-related impacts.
The most important recommendation is that the First Nations and other stakeholders start cooperating immediately to offset how the changing climate with affect the fishery:
Management of salmon and herring stocks has been highly contentious due to the myriad of stakeholders who depend upon them, which include First Nations, recreational fisheries, and commercial fisheries….
Aside from fulfilling societal needs, salmon serve as key ecological components of the Pacific Northwest Coast, functioning as the mechanisms by which nutrients are transferred from the ocean to freshwater and terrestrial ecosystems
It says the projections show that a “redistribution of fishing effort” will not “fully offset declines in salmon and herring”
attaining a state of collaboration between First Nations, DFO, and other sectors has the potential to yield beneficial ecological and political results, if implemented correctly. Parallels exist between First Nations’ traditional fisheries management approaches and “modern” approaches (e.g., spatial management, mariculture, selective fishing, fishing closures), with differences arising primarily due to diverging worldviews.
It recommends local application of First Nations’ traditional management strategies to “provide opportunities to collaboratively engage in adaptive ecosystem-based management and to coordinate efforts to attain conservation objectives.”
They give an example of how the Nisga’a Nation have ensured their equal partnership in management by employing traditional fish wheel technology to monitor and assess stocks and by leveraging traditional ecosystem-based management practices that could be applied to plan long-term objectives and management approaches.
It concludes by saying that joint-management will not only work to reduce the impact of climate change but also head off potential conflict.
Through such joint-management regimes, traditional fisheries management strategies could be applied to advance localized research directives and to reduce impacts on stocks under unprecedented environmental change. Moreover, the risk of conflict over declining resources underlines the need to establish common and equitable ground to ensure successful joint management of fisheries, and to leverage collective expertise.
The B.C. government acted improperly and “breached the honour of the crown” when it signed away a provincial review and gave the federal Joint Review Panel for responsibility for assessing the environmental impact of the proposed Northern Gateway pipeline, Madam Justice Marvyn Koenigsberg of the Supreme Court of B.C. ruled Wednesday.
In a largely technical decision, Justice Koenigsberg ruled that British Columbia must come to its own decision on Northern Gateway. That’s because what is called the “equivalency agreement” that handed the decision over to the federal agency was not “was reasonable or correct for the Province to exercise its discretion.”
She ruled the equivalency agreement “is invalid” and said the project cannot begin until a provincial environmental assessment certificate has been issued.
“The province is required to consult with the Gitga’at about the potential impacts of the project on areas of provincial jurisdiction and about how those impacts may affect the Gitga’at’s aboriginal rights, and how those impacts are to be addressed in a manner consistent with the honour of the Crown and reconciliation,” Koenigsberg ruled.
That may be the final nail in the Northern Gateway’s coffin. The province opposed the project at the JRP because the Northern Gateway had not met the five conditions for heavy oil transport that was set down by the government.
The court ruling comes shortly after British Columbia told the National Energy Board that it also opposed the $6.8-billion Kinder Morgan TransMountain pipeline because, at this point, that project cannot meet BC’s five conditions.
B.C. Justice Minister Suzanne Anton said the province is reviewing the Supreme Court decision.
There are 19 more court challenges to the Northern Gateway and to the Joint Review process, most before the Federal Court of Canada.
The Gitga’at First Nation and Coastal First Nations which brought the suit in January 2015 say that the ruling means Enbridge pipeline must now face provincial environmental assessment decision, which includes consultation with First Nations across the province.
Northern Gateway says the federal decision stands, and its still working to meet the 209 conditions set out by the NEB, along with the B.C. government’s conditions.
“Northern Gateway and the project proponents, including Aboriginal Equity Partners, remain committed to this essential Canadian infrastructure,” Giesbrecht told the CBC.
But among the 209 conditions attached to the approval by the Joint Review Panel Condition 2 said that construction must begin before December 31, 2016. Under Conditions 20 and 21, Enbridge must have secured commitments for at least 60 per cent of the pipeline’s capacity at least six months before starting construction.
Enbridge still doesn’t have any customers and with the world price of oil below $40 US a barrel, the chances of getting customers are slim. In its most recent NEB filing on December 21, 2015, Enbridge stated, “Further to its filing of June 29, 2015, Northern Gateway has not executed firm [transportation service agreements] with its prospective shippers.”
Koenigsberg ‘s ruling doesn’t official stop the Northern Gateway as some are celebrating. Rather the decision means that British Columbia must set up its own review process and then come to a decision. That decision could, in theory, approve Northern Gateway with conditions just as the Joint Review Panel did.
The ruling, which is a major victory for the Gitga’at First Nation, means the equivalency agreement is invalid, that the government must now make its own environmental assessment decision regarding the Enbridge Northern Gateway pipeline, and that it must consult with and accommodate First Nations along the pipeline route about potential impacts to their Aboriginal rights and title.
“This is a huge victory that affirms the provincial government’s duty to consult with and accommodate First Nations and to exercise its decision-making power on major pipeline projects,” said Arnold Clifton, Chief Councillor of the Gitga’at First Nation.
“This ruling is an important victory for our communities and presents another hurdle to the Enbridge Northern Gateway pipeline,” said Chief Marilyn Slett, President of the Coastal First Nations. “It means the province must now sit down with First Nation communities across BC and find ways to address the severe and irreversible impacts of this project.”
The constitutional challenge was brought by the Gitga’at First Nation and the Coastal First Nations, and was argued by Joseph Arvay, Q.C., (and his colleagues Catherine Boies Parker and Tim Dickson at Farris LLP ) one of Canada’s pre-eminent constitutional lawyers and an expert in Aboriginal and administrative law.
“The province has been talking a lot about its opposition to oil pipelines in recent days,” said Art Sterritt, a member of the Gitga’at First Nation. “Now it must put its money where its mouth is and apply the same rigorous standards it advocated for during the Joint Review Panel process, while consulting with every single First Nation who would be affected by this project. We’ve said it before: The Enbridge Northern Gateway pipeline is dead.”
The ruling means that, until the province makes a decision on the Enbridge Northern Gateway pipeline and issues an Environmental Assessment Certificate, none of the approximately 60 permits, licenses and authorizations necessary for the project to proceed can be issued.
The British Columbia Environmental Appeal Board has upheld Rio Tinto’s plans for sulphur dioxide emissions in the Kitimat airshed and dismissed the appeal from residents Emily Toews and Elisabeth Stannus.
The 113 page decision was released by the EAB late on December 23. It contains a series of recommendations for further studies and monitoring of the health of Kitimat residents. In effect, the EAB is asking the province (which is all it can do) to spend money and create a new bureaucracy at a time when Kitimat’s medical community is already short staffed and under stress.
By December 31, 2016…. engage with Ministry executive to secure their support for, and action to encourage, a provincially-led Kitimat region health study, based on the development of a feasibility assessment for such a study.
On December 24, Gaby Poirier, General manager – BC Operations
Rio Tinto, Aluminium Products Group released a statement saying:
Based on the evidence and submissions made by each of the parties, the EAB confirmed our permit amendment.
Although it is welcome news for Rio Tinto that the MOE Director’s decision was upheld, and the rigor and cautious approach of the science were confirmed by the EAB, we also recognize that there is more work to do to address community concerns regarding air quality in the Kitimat Valley.
In providing their confirmation, the EAB included a series of recommendations. Over the coming months, we will be working to fully assess them and we will continue to involve the local community including residents, stakeholders and our employees as we do so, noting that some of the recommendations have already started to be implemented.
I would like to take this opportunity to thank the residents of Kitimat, our valued stakeholders and our employees for their support during this process. At Rio Tinto, we are committed to protecting the health and well-being of our employees, the community, and the environment as we modernize our BC Operations.
The Haisla Nation celebrated the signing of an incremental treaty agreement with the British Columbia government Tuesday at the Haisla Recreation Centre in Kitamaat Village. The treaty will see the return of Haisla lands on the shore of Douglas Channel of Lots 305 and 306 south of the Kitamaat Village, designated Indian Reserve #2 and Indian Reserve #3, also known as the Walsh Reserve, thus connecting the two reserves.
In a news release, the BC Ministry of Aboriginal Relations and Reconciliation said that under the agreement, approximately 120 hectares of Crown land will be transferred to the Haisla Nation.
The land lies in the heart of the Haisla Nation territory and will support the community’s goal of expanding housing, commercial and public space for its members, and opening new business opportunities.
The release went on to say, “The agreement continues the productive relationship between the Haisla Nation and B.C., which is furthering economic development opportunities and improving social conditions.”
It took decades for the land to be returned to the Haisla.
At the ceremony, Allan Donovan, the Haisla’s lawyer said, “We are here to celebrate the achievement of something that should have happened when the Haisla reserves were set aside in 1889. At that point, the reseve commissioner noted the Haisla reserves were the smallest and least desirable in the whole nation.
“But he left it at that, but in the years and decades afterward, the Haisla sought to extend their reserve holdings and their lands and have done so with an increasing degree of success.
“The actual negotiations to see the lands returned actually started over 60 years ago with limited success. But the Haisla are always persistent when it comes to issues of land, when it comes to issues of justice.
“In the 25 years since then there have been a number of attempts over the years This time with Haisla leadership and cooperation from the government of British Columbia, that dream has become a reality. The land has been returned to the rightful owners, joining up these two reserves.
The ministry said the British Columbia introduced incremental treaty agreements “to help speed up the treaty process by building goodwill among parties and bringing the benefits of treaty faster to First Nations. These agreements also provide increased certainty on the land base and with natural resource development.”
At the ceremony, John Rustad, the Minister of Aboriginal Relations and Reconciliation said that so far the province has signed 18 incremental treaty agreements with various BC First Nations.
“This is a relationship building step between the Haisla Nation and the province, to lay foundations for things we can continue to do in the future,” Rustad said, “Over the past number of years now the Haisla and the province have made great strides and have a very good relationship (at least I believe a very good relationship, … As we move forward in developing our relationship.”
Rustad noted that representatives of the Shell-led LNG Canada project, Chevron and AltaGas were at the Recreation Centre to witness the ceremony.
“It’s about embracing those opportunities and ways to find a balance between environment and economics. No one has been better than the Haisla in being able to do that, working with the companies working with the province, working with their neighbors to create opportunity.
“It is through hard work and through partnerships that is truly a path forward toward building a prosperous future.
“We are very proud as a province to be working with the Haisla as a partner,” Rustad said. “We have our difference, we have things we may not agree on but I also believe very strongly that as we work together the steps to ensure prosperity for all of British Columbia but also especially for the prosperity of the Haisla nation This agreement between the Haisla and the province is an example of some of the things we can do right and we can try to correct the situations that have existed for such a long period of time, to find a way to build a prosperous future.”
Stop dwelling on the past
Ellis Ross, the Haisla elected Chief Counsellor told the Haisla and their guests. “It’s time to stop dwelling on the past and start building the future. All the pieces are there Everybody wants to help us get to a better place. Our partners from LNG Canada are here.Chevron is here. It’s everyone working together for the future, to bring the pieces of the puzzle to ensure our future generations.
“We don’t have to beg to be part of the BC agenda. We should be equal particpants.in everything in our territory. That’s what we should be focused on Stop getting distracted with the minor little differences, where infighting stopped us from the promises that have been promsed us for the past forty or fifty years.”
He said the Haisla started working with the Christy Clark government in 2009.
“We both took different approaches to our relationship We both agreed there is a common goal to be achieved if we just put aside our differences. I am not sure how many people know this but the provincial government actually helped us acquire the hospital lands (the site of the old “pink lady” hospital across from the City Centre mall)
“In terms of the water lot that the Haisla own, we’re the only First Nation in Canada that owns water lots and that ‘s because of the provinical government support for us.”
He also thanked the province for helping the Haisla lease land with an option to purchase near Bish Cove (Beese in traditional Haisla terminology) and worked with the federal government so that the Minette Bay lands could also be added to the reserve lands. He said Haisla staff consult on a regular basis with provincial officials.
“Our staff are working on permits for the benefit of the Haisla as well as everybody else. I think the Haisla are a working definition of what reconciliation actually means and it matters to the average Haisla citizen…
“There are different definitions out there about what reconciliation means. Everyone has a different definition Right how BC and the Haisla are proving that reconciliation is possible without getting into politics.
“It’s agreements like this what we’re talking about today that truly set the stage for the future of the Haisla people.
“We’re not going to be around in a hundred years but in a hundred years the future if Haislas are still talking about the same issues they talked about 50 years ago, we as leaders failed today.
“This is only one of the many agreements that we sign with the provincial govt and with LNG Canada and with Chevron and everybody else that’s willing to sit down and work out some sort of agreement with us.
“In fifty, a hundred years I am sure our descendants won’t be talking about poverty, they won’t be talking about unemployment, they wont be talking about extra land so we can build more houses. they’ll be talking about issues we can’t even understand yet but they won’t be dealing with the issues we’re trying to deal with today.
“What is the next agreement? The only thing that makes this possible is two parties sitting down and saying ‘let’s get an agreement for the betterment of all.’”
– Quick Facts:
Haisla Nation has approximately 1,840 members, with 700 people living in Kitamaat Village, at the head of Douglas Channel, about 10 kilometres south of Kitimat.
The incremental treaty agreement provides for the early transfer land to Haisla Nation, ahead of a final agreement with the Haisla.
The Province and Haisla Nation have collaborated on a number of initiatives, including facilitating negotiations for the Haisla to purchase former District of Kitimat hospital lands; the purchase of MK Bay Marina; and transfer of foreshore lots in the Douglas Channel
In 2012, Haisla Nation and the Province signed the Haisla Framework Agreement allowing for the purchase or lease of approximately 800 hectares of land adjacent to Indian Reserve No. 6, intended for LNG development. The framework agreement also commits the parties to land-use planning around the Douglas Channel, helping to create certainty and allowing other projects in the area to proceed.
Haisla is a member of the First Nations Limited Partnership, a group 16 First Nations with pipeline benefits agreements with the Province for the Pacific Trail Pipeline. Haisla and the Province also have a forestry revenue sharing agreement and a reconciliation agreement.
Haisla Nation is a member of Marine Planning Partnership for the North Pacific Coast, which provides recommendations on stewardship and sustainable economic development of the coastal marine environment.
Over the past decade, the Haisla Nation has engaged in 17 joint ventures with industries seeking to support economic activity for the region
(Source Ministry of Aboriginal Relations and Reconciliation)
Ninety-seven years ago, long before the townsite was founded in the 1950s, Kitimat was to play a short, now forgotten and unlucky role in the First World War with the launch of a vessel in New Westminster called the War Kitimat as one of the many emergency new ships commissioned by the British government to replace vessels lost to Germany’s unrestricted submarine warfare that was sinking convoys taking vital supplies across the Atlantic.
(Note: The ship may not have been the Valley’s only role in the First World War. I have been told by Haisla members that it is believed that a couple of men from the Haisla Nation may have served in the armed forces during WWI. However, no one I have contacted, so far, has been able to confirm that information. If anyone can confirm, this story will be updated).
During the First World War, over nine million gross tons of British ships were lost due to enemy action, both submarines and surface raiders. The worst losses came in the three months ending June 1917 when over 1.4 million gross tons were sunk.
In December, 1916, the Prime Minister David Lloyd George’s British Government appointed a “shipping controller” to manage a worldwide shipbuilding program to replace the lost vessels, to be built quickly, efficiently and to a series of standard designs. Although the vessels were often different, they were called “standard ships.” It was the Great War’s equivalent of the Liberty Ships built during the Second World War.
Many of the orders were placed with Canadian companies, others with the Japanese shipyards and British owned or controlled shipyards in Hong Kong and Shanghai. Canada created or contracted 19 emergency shipbuilders which built 137 cargo ships and 15 trawler/minesweepers. Some of these yards were purpose-built, others were repair yards that were converted to construction yards; seven were in BC, nine were in Ontario and Quebec, and three were in the Maritimes.
Orders were also placed with shipyards in the United States, but when the Americans entered the war in 1917, those ships were requisitioned by the U.S. Government.
All the ships’ names were given the prefix “War” no matter where they were built in the world.
The Canadians built both steel hulled and wooden hulled cargo vessels, including the War Kitimat, as well as yachts and sailing yachts (which likely became the war time “trawlers”). The British built 12 different types of “dry cargo” vessels, five types of “coasters” plus tankers. The United States also built wooden hulled cargo vessels (slightly larger than the Canadian versions) and various types of steel hull cargo ships.
The government of France also contracted Canadian shipyards for its own vessel building program.
In Canada, the BC Marine Railway Company was one of the prime contractors, and the job of building four ships was awarded to the New Westminster Shipbuilding & Engineering on Poplar Island, which can be seen today from New West’s Esplanade at Westminster Quay.
The First Nations of the area had used the island for generations and in 1871 the island was designated an Indian Reserve. During the small pox epidemic of 1889, with many members of the Vancouver area First Nations struck down by the disease, a hospital was built on the island. It is believed that many of those who died of smallpox were buried there. Because of the association with disease and death the island was abandoned until 1917, when the war time necessity meant a shipyard was built on the island.
New Westminster Shipbuilding had the job of constructing four “war” class wooden hulled freighters, 2300 gross tonnes, 3300 dead weight tonnes, 250 feet long with a beam of 43.5 feet, with 322 nominal horse power triple reciprocating steam engines powered by two water tube boilers, turning a single screw capable of ten knots.
The company built four ships, the War Comox, War Edensaw, War Kitimat and War Ewen. The War Comox was first launched in April, 1918, but completion was held up as the shipyard waited for equipment from suppliers. That led to pressure to build, launch and complete the War Edensaw, which was launched in June 1918, and the War Kitimat, which was launched on Sunday, August 18, 1918.
The War Kitimat immediately ran into trouble. According to the Times Colonist, right after launch the War Kitimat ran aground off New Westminster and had to be lifted off the Fraser river bed by using jacks until was raised enough so that tugs could attach lines and tow it to deep water. About a week later, the War Kitimat was towed to Victoria for repairs and further fitting out (possibly to the Foundation Company shipyard which was also building five of the war class vessels. Foundation is now Seaspan’s Point Hope Marine)
The War Kitimat did make at least one voyage to Great Britain, but by the time it arrived, the war was coming to a close. After the Armistice on November 11, 1918, the ships were no longer needed and the British government sold most of them to shipping companies. (All the ships were UK registry, not Canadian)
In 1919, the War Kitimat was sold to the Lloyd Royal Belge S.A. line of Antwerp, Belgium and renamed the Serbier.
How the ship came to be named War Kitimat isn’t certain. It was probably named after the Kitimat River since other vessels in the War category were named Skeena, Stikine, Babine, Niagara, Ottawa (others were named for cities like Halifax or Toronto).
The Belgian shipping company did not give up on the name Serbier. It purchased another US-built War cargo ship, first named the War Hound by the British. After the US entered WWI in 1917 and took over the building there it became the Lake Huron, a US Navy Transportation Service mine carrier. From later in 1920, Royal Belge operated the new Serbier until 1924, when it passed through French, Norwegian, Danish and then as the Advance, Finnish ownership. The Advance was seized in Panama by the United States in 1941 and renamed the Trojan. After the Second World War, the US returned the ship to Finland. It sailed as the Advance until it was sold a Greek shipping company in 1965 and scrapped at Piraeus in 1966.
Of the ships under British control, 821 ships were ordered by the UK shipping board and 416 were completed. Fourteen were lost to enemy action. The remaining orders were cancelled but often completed by the shipyards.
Many of the “war” or “standard” ships passed through various owners.
During the Second World War many played their original role and took part in the convoys that crossed the Atlantic. Many were sunk during those crossings. Others, sold to growing Japanese shipping interests in the 1920s and 1930s, were sunk by US destroyers and submarines. Others like the War Hound /Serbier survived to the 1950s and 1960s.
Of the War Kitimat’s sister ships built in New Westminster, the War Comox was sold to an Italian company, renamed the Guidatta and scrapped at Genoa in 1925, The War Ewen was sold to a German company, renamed the Etienne Marcel and scrapped in Germany in 1925. The War Edensaw, under the original name, was carrying Admiralty stores from Constantinople to Malta, when it caught fire on June 25, 1919 and sank 94 nautical miles east of the St. Elmo Lighthouse on Malta.
As for Poplar Island, it was zoned for industrial use but no one could come up with ideas for how to use the island. New Westminster sold the island to Rayonier Canada in 1945, where it became an anchorage for log booms on the Fraser River. The successor company, Western Forest Products sold it back to New Westminster in 1995, The island is still a wilderness area in the middle of urban Vancouver and subject to treaty and land claims negotiations with the area’s First Nations.
Editor’s Note: Up until now Kitimat has not had a reason, unlike other communities, to mark Canada’s role in the First World War. We suggest that should the District of Kitimat choose to do so either this year or in the next three years, August 18, the date of the launch of the War Kitimat might be an appropriate date, in addition to Remembrance Day on November 11.
Gaby Poirier, BC operations manager for the Rio Tinto Aluminum metals group called it a shining moment as the first ingots from the new modernized potlines were wheeled into the also new Henning Hall at the Kitimat smelter on Tuesday, July 7. Referring to the nearly complete Kitimat Modernization Project (KMP), Poirier said, “It’s now like these ingots, our time to shine. Let’s all shine together and become the best aluminum smelter in the world.”
The Kitimat Modernization Project increases aluminum production capacity by 48 per cent. “I have no doubt that KMP will help secure the future for Rio Tinto in British Columbia as a supplier of high quality, low carbon footprint aluminium for the Pacific Rim customer,” Poirier told employee and guests at the First Metal ceremony. (The company held similar ceremonies later in the week for employees unable to attend the first event).
“As we move to ramp to full production sometime in 2016, the transition is still at an early stage. Now more than ever we have to keep the focus to have a safe, sustainable ramp up. When we reach our full capacity of 420,000 tonnes sooner than you think… we’ will have been here 60 years. We’re aiming for another 60 years now.
“It’s more than a ramp up for us; it’s our journey to be the best aluminium smelter in the world. And yes the best, nothing less. Everything starts with a dream. So today we’ve got about 10 pots started, there are still 374 to go. And all this ramp up will be done to a scheduled drum beat, with a safe and sustainable. So today’s a well-deserved celebration for first hot metal and we are now preparing our first metal shipment but there are still significant challenges among us that we’ll go through together. One team one goal. That’s the only way we’ll be successful by working together.”
The modernized smelter, which was delivered in line with the revised schedule and budget, is powered exclusively by Rio Tinto’s wholly owned hydro power facility [at Kemano] and uses the company’s proprietary AP40 smelting technology which will effectively halve the smelter’s overall emissions, Rio Tinto said in a news release.
Michel Charron, KMP Project Director with Rio Tinto’s Technology Group, told reporters that the project did come in at the revised budget of $4.8 billion up from the original estimate of $3.3 billion, discounting reports in some media that the costs had reached as high as $5.5 billion. ‘”They gave me 4.8 and I finished at 4.8,” Charron said.
Charron compared what’s left to do with someone moving into a new house. “There’s a bit of asphalt to be put in, there’s a bit of construction on the last part of the potline…. there’s three months to finish up everything, the little things, the painting, so we’re going to be doing that.”
As of July 7, KMP employed 1024 people, Charron said. As the construction finishes, he said, “The work force will be going down quite rapidly at the end of July and through August and September,”
The newly constructed Henning Hall cafeteria, meeting hall and change facility, named in honour of Paul Henning, now Vice President of Strategic Projects, was packed as Charron, Poirier, Henning, Phil Newsome, KMP Project Director for Bechtel, Sean O’Driscoll, Unifor 2301 president, Mayor Phil Germuth and Haisla Nation Deputy Chief Councillor Taylor Cross brought in the two ingots which were actually poured on June 29.
“As we focus on getting a brand new and somewhat very complex facility up to speed, I urge you to remember that safety remains our top priority, ” Poirier said. “If we get this right the start-up and ramp up will be right too. And this is the only way we can be successful in delivering that world class project. So now in a few words, it is now the time to show what four generations of aluminum producers can do,” Poirier said.
Poirier then turned to Haisla Nation hereditary chief Sammy Robinson. Robinson and his wife Rose unveiled a totem pole commissioned by Rio Tinto for Henning Hall.
The pole tells the story of a time when there were a lot eagles in the Kitimat region. One young man was told “to listen to your elders, listen to your mother, not to laugh at handicapped people, not to laugh at old people for they are good in their own way,” Robinson said. Another thing that this young man was told was never to pick up anything shiny, but he didn’t listen and tried to capture a fur seal that has shiny fur. Unfortunately, for the young man, at that moment a giant eel was swallowing the fur seal and dragging them both down to the bottom of the sea. The eagles, however, got together and lifted the seal and the young man from sea and he safely returned to the beach.
Taylor Cross, Deputy Chief Counsellor for the Haisla, said “It’s a great feeling that big companies like this are doing their best to protect the environment we all live in. Every last one of us enjoys this beautiful country we live in. Myself I’m on my boat almost every weekend, down the Channel. I want to that to continue that for the rest of my life and for my kids’ lives. I want to pass that knowledge on that I’m getting. This project created employment opportunities for us, contracting opportunities for the Haisla Nation and training that we would have never gotten.
“Our unemployment rate when from about 60 to 65 per cent down to may be five or eight per cent. Every Haisla Nation member who wanted to work was working. It was a great achievement, it gave them skills, training, anything they wanted to be. And getting ready for the next project that’s going to come through Kitimat.” Cross warned that with KMP ending, unemployment among the Haisla will be going up again. The legacy agreement signed between Rio Tinto and the Haisla will ensure that members of the First Nation will continue to be trained and be part of running the smelter. A Haisla joint venture runs catering for the cafeteria.
Paul Henning, who had pushed the modernization project for years was greeted by a sustained round of applause. He opened his talk by saying how he told Sean O’Driscoll about the intent to modernize the plant. “He was the kind of guy like Gabby is striving and thriving and pushing and pulling. Nothing was a barrier, nothing was too high to climb to get this project and this guy said ‘hey just cool it these mega projects can take a decade.’ Well boy did we show him. Boy did we show him Boy did we show him, we did in it nine years,” as the guests laughed.
“Of course we have a wonderful platform. The platform not only being Kemano…the Douglas Channel and of course the site that… we have here in BC. The modernized smelter we know well. It is world class we have adopted the best technology we can apply in this location coupled to the lowest cost energy supply to a smelter anywhere in the world with access to global markets particularly the Asian Pacific Rim
“Sounds like a factor of success to me. If you’re going to build it, you build it right here.
“Even though the economic climate was difficult during the journey we’ve been through, I always felt that I had support at every level. We continued to get funding, even if it at sometimes it was smaller than we wanted. We got funding to keep this project alive. We engaged at different levels the creativity in construction… to help us get over that threshold and that hurdle to allow us to be here today. to be able to celebrate this fantastic milestone.
“I truly believe that KMP is a catalyst for megaprojects in the northwest. I am fortunate to be involved in other projects that are looking to come to Kitimat and they’re going to come to Kitimat because of its location but what I think you’ve also demonstrated as a community that they’re coming to Kitimat because of its people, As a host community you’ve demonstrated that you can live alongside and support three and half thousand construction professionals at any given time,
“I’m delighted that we’re through. I’m delighted that the team has got through before the next wave comes.
“I hope that legacy of the learning is two things, It’s enabled the community to be ready and be better prepared for the next one, also for those companies to learn from some of the opportunities and challenges we’ve been through and overcome.
“It was built in Kitimat BC by Canadians… I think at one point I think we had a hundred international workers. So the [labour agreement] allowed the ebb and flow of workers here form a Canadian base. I think that is also a true success factor.”
“For myself each milestone that we go through is a pinch. My goodness we actually pulled this off. We actually pulled this off. So my challenge, you know have the tools. you know have the equipment. You have the people, I was never worried about the people, smelting is in our DNA, three perhaps four generations of smelter experts in Kitimat. Now is your time to show what the best smelter in the world can do.”
Haisla Nation Chief Counsellor spoke at Mt. Elizabeth Theatre on June 9, 2015, introducing David Suzuki who was on a speaking tour. This is a lightly edited report on his remarks that outline some of the dilemmas facing the Haisla and the Kitimat valley in an age that needs development but faces climate change.
Among chiefs, I am elected, not hereditary, you are born into that position, I wasn’t born into it.
I am basically a regular commoner just like you guys with a high school education and one year of college and a lot of experience outside my community that I bring back.
These topics about climate change locally, provincially, nationally and worldwide, they’re complicated topics.
There’s no one true fix for all of it. The problem is that the Haisla have been thrust into the middle of it and we have to answer it, which is very unfair.
So when we’re talking about what really is a Haisla value, a west coast, a British Columbia value. I must tell you I value the Haisla people, my people, that land, the territory, I think about the Haisla people because I don’t think anyone has given the Haisla people a priority in the last 40 to 50 years.
All the decisions that were made about Haisla territory, that affected out people, were made without us.
The result was that we ended up with 80 per cent unemployment, historically over the last 40 years we have ended up with cancer and we can’t get rid of it.
Poverty, people couldn’t get enough money to fix their bathrooms when the floor was rotting out.
The saying is that you can always tell when the reserve starts is when the pavement ends is true. Unless there’s a political agenda to actually pave the road to the village. The environmental questions that have been raised over the past ten years are not new to the Haisla.
In the 70s it was the Haisla alone who tried to battle emissions when nobody even knew what emissions meant. They tried to stop the effluent dumping into the river that killed off the river they tried to stop the diking of the river so parts of the land could be protected, parks.
When the Haisla knew that the oolichan that was estimated to be hundreds of thousands of tons, were dying off quickly in the span of five years. Nobody listened.
Now the DFO and Canada is realizing that the demise of the oolichan is a signal that something is wrong with the ecosystem.
I would love that someone would come around to the idea of thanking the Haisla people for all the work that they did and went and unheard even in meetings like this today.
And we’re not even talking about salmon.
In all this time, I’ve read all the documents, all the speeches and listened to all the promises of a better tomorrow for all the people but nobody delivered it.
Countless academic papers have been written about Indian poverty.
Nothing was done.
Non-profit organizations used the Haisla to further their cause and left town when they had achieved what they had achieved.
At the same time all the decisions continued to be made without us. And everybody benefited except us.
What happened in the end and the corporations made their billions and made enough money to pay off the mortgage and move down south, the Haisla were left with the mess to clean up. Today we’re still battling to get some of these sites cleaned up and we’re still not getting help.
I don’t blame anyone for this. Whether you’re am environmental organization, a government or a corporation or a non-profit organization, I don’t blame you for this because you have a mandate, you have a special interest. That’s what you’re trying to achieve.
I have a mandate. I do have an organization now that is fully equipped to look at every single permit that comes from the provincial government and the federal government and try to mitigate it given our capacity and our lack of funding.
But some of that benefit has to flow to the Haisla people. It’s our territory.
When you think about what has happened to us, the Haisla, we think about residential schools and I’ve been reading the debate on whether or not it’s genocide or not and I think people are missing the point.
Residential schools were only 10 per cent of a larger program to get rid of the Indian.
The ninety per cent was what was stolen from us as well. The land was taken away and we were put on a chunk of land across the Channel, that was described by the Indian Agent as worthless, it’s not even good for agriculture so give it to the Indians. We had to get permission from the federal government to leave that reserve. We had to get a piece of paper that said he’s allowed to leave the reserve and go pick berries.
We also have had no help other than some academic programs and some sort of study to deal with our suicides. I’m not just talking Haisla here. I really thought that one suicide every five years was really a bad thing. But finding out that my neighbors down the road from here to Prince George are dealing with ten suicides in the first quarter of this year.
It breaks my heart.
Who is responsible for that? If it’s not the government, if it’s not the non-profits, if it’s not corporations, who is it?
I stepped up and said I’ll take full responsibility for this but that means I have a hard message to deliver and I will deliver it on behalf of the Haisla people.
When it comes to climate change, we are living at a very unfortunate time, because finally we’re accepted at the provincial table, at the federal table, the corporate table.
We’re being included but unfortunately, we have to look at climate change as well. It’s a very tough position to be in when you’ve got a Grade 12 education from 1984 and one year of college education in 1985.
It’s a very tough topic, I can tell you. I’ve been to China, I’ve been to Korea and no matter what you say about the emissions there, Canada and BC have no problems with emissions here until you visit China.
They’re not going to get off crude oil, they’re not going to get off diesel fuel, they’re not going to give up coal because a billion people there want the same standard of living that you have in Canada. And I’m talking about India as well. They want the same standard. They want good houses; they want to own a car. They are not going to stop their thirst for energy.
I don’t have the answers.
I still believe that natural gas is a lot cleaner than coal and even if you put a small dent in it, it’s not enough to get these guys off nuclear power.
And the solar power you’re talking about, they do it for show but that’s not going to meet the energy needs of China. We’re not even talking about India; we’re not even talking about Korea.
You say can you help get China off dirty fuel, but all their pollution keeps getting dumped on South Korea.
I represent 1700 people, how am I going to do that?
We’re being asked to do a near impossible task while I’m trying to dig my people out of poverty. At the same time, when we get this opportunity we’re giving our members very mixed messages, including our young people which is heart breaking for me.
Because we’re telling them get an education, don’t be a burden on society, get a job, but by the way there are no jobs here, there’s no way to get into existing industries so you better go to the oil fields of Alberta to get a job. A lot of our people head over there or to Vancouver.
I’ve been following this debate on climate change for quite a while now, for over six years. I’ve been listening to everybody, I’ve been listening to corporations, being listening to governments, been listening to non-profits, but on behalf of the Haisla Nation Council, I’m here to tell you, that when it comes to the future of the Haisla I have very little patience with this. I don’t want to see another essay about what to do about Indian suicides.
I believe that our people are being sick and tired of being left out and left behind, while everyone else is moving on with their lives. I do want to what’s best for the region I do want to do what’s best for the province and Canada and the world. But I will not do it at the expense of the Haisla people. We’ve been at the dirty end of the tick for the last 40 years. It’s going to stop. Thank you very much and enjoy your evening.
In a news release this afternoon, Pacific Northwest LNG announced that the company has given a positive, but conditional, Final Investment Decision, to build an LNG facility on the environmentally sensitive Lelu Island at Port Edward. BC.
Pacific NorthWest LNG (PNW LNG) announced today that the required technical and commercial components of the project have been satisfied. Consequently, PNW LNG has resolved to move forward with a positive Final Investment Decision, subject to two conditions.
The Final Investment Decision will be confirmed by the partners of PNW LNG once two outstanding foundational conditions have been resolved. The first condition is approval of the Project Development Agreement by the Legislative Assembly of British Columbia, and the second is a positive regulatory decision on Pacific NorthWest LNG’s environmental assessment by the Government of Canada.
“In parallel with work to support the Final Investment Decision, Pacific NorthWest LNG will continue constructive engagement with area First Nations, local communities, stakeholders and regulators,” said Michael Culbert, President of Pacific NorthWest LNG. “The integrated project is poised to create thousands of construction and operational careers in the midst of the current energy sector slowdown.”
Progress Energy Canada and the North Montney Joint Venture partners will continue to invest in its North Montney natural gas resources. The investment to date has proved and probable natural gas reserves of over 20 trillion cubic feet (tcf) with $2 billion-plus invested annually, representing approximately 4,000 sustainable jobs in northeast British Columbia.
“A Final Investment Decision is a crucial step to ensure that the project stays on track to service contracted LNG customers,” Culbert continued. “Pacific NorthWest LNG is poised to make a substantial investment that will benefit Canada for generations to come.”
Although Pacific Northwest LNG is first off the mark with a positive, if conditional, Final Investment Decision, putting a shovel in the ground is not guaranteed. Of all the proposed liquified natural gas projects for northwestern BC, the location on Lelu Island, right at the mouth of the Skeena River, is probably the most environmentally sensitive. Even if the Canadian Environmental Assessment Agency does give its approval, probably with a long list of conditions, it is highly likely the decision will be challenged in court by First Nations and environmental groups.
The environmental process was put on hold in early June after the agency asked Pacific Northwest to provide more information about building the terminal. The island sits near Flora Bank, where young salmon shelter in eel grass after coming down the Skeena, taking time to grow before venturing out into the Pacific. Flora Bank has been called the “nursery” for one of the world’s most important salmon runs.
The fact that Pacific Northwest LNG has to supply more studies means that any final environmental assessment decision will come after October’s federal election.
After initial proposals to dredge the area where met with loud and sustained opposition, Pacific Northwest proposed a suspension bridge and trestle which means the LNG tankers would tie up well off the island in Chatham Sound.
Lelu Island is on the traditional territory of the Lax Kw’alaams First Nation. Members of the First Nation recently voted overwhelmingly against accepting a billion dollars over the life of the project from Pacific Northwest.
Pacific NorthWest LNG filed a report, prepared by engineering and environmental company Stantec Inc., that said there would little or no environmental impact impact from building the $11.4-billion LNG terminal. Stantec’s report, however, is unlikely to reassure many people in the northwest because of Stantec’s close to ties to the energy industry. Stantec did major studies for the controversial Enbridge Northern Gateway project, studies that were challenged by other environmental studies opposing that pipeline project.
Petronas holds 62-per-cent of Pacific NorthWest LNG.
Partners are China’s Sinopec, which holds 10 per cent, Indian Oil Corp. Ltd. which holds 10 per cent, Japan Petroleum Exploration, 10 per cent, China Huadian Corp., 5 per cent and Petroleum Brunei, 3 per cent.
As well some First Nations and environmental groups in the northwest of British Columbia, in the northeast, Blueberry River First Nations who live in the North Montey natural gas region have said they are worried about increased drilling in their traditional territory are concerned about increased drilling by Progress Energy for natural gas within their traditional territory.
The Blueberry River group says it plans request judicial review of the B.C. Natural Gas Development Ministry’s decision to sign the 23-year royalty agreement for the region.