First Nations | Northwest Coast Energy News

The Supreme Court decision on Tsilhqot’in Rights and Title is a shot across the bow of the Alberta bound National Energy Board

The response to the Joint Review Panel decision on the Northern Gateway, beginning in December and continuing until this Canada Day, both in the public and in the media is sharply divided by the Rocky Mountains.

A lof of Albertans, most of the energy companies and many in the media, especially the Toronto-based business press, keep telling Canadians that the NEB is an independent, quasi-judicial body, that carefully weighs the scientific and other evidence before coming to a conclusion.

Prime Minister Stephen Harper stands up in Question Period and from his prepared script also claims the JRP and NEB are independent bodies.

Most of those writing about the attitude of the National Energy Board have never attended a single hearing, As for the Joint Review,. those from the major media who did attend were only there for the opening and closing sessions.

Members of the Joint Review panel make notes at Kitamaat Village (Robin Rowland) — Members of the Northern Gateway Joint Review Panel, left to right, Kenneth Bateman, chair Sheila Leggett and Hans Matthews make notes at the June 25, 2012 hearings at the Haisla Recreation Centre, Kitamaat Village. A map of Douglas Channel can be seen behind the panel. (Robin Rowland/Northwest Coast Energy News)

In British Columbia, those attended the Northern Gateway Joint Review sessions saw a strange and arcane bureaucratic system with rules of evidence and procedure often tilted toward a proponent in the energy sector.

Those rules of evidence were created for the cosy club atmosphere of the NEB in Calgary where mostly there are friendly hearings attended only by the proponents and energy sector lawyers. Those same rules were infuriating to those in northwest British Columbia trying and failing to persuade the JRP to take seriously many of the concerns of the region. The rules of evidence and procedure were baffling to lawyers practicing in BC; even the highly experienced lawyers from the BC Department of Justice were chewed out by the JRP in Prince George for not following proper procedures.

Most egregious was the JRP’s refusal to consider the late evidence on the growing number of humpback whales in Douglas Channel.

Humpback whale in Douglas Channel — The tail fins of a humpback whale are seen in Douglas Channel near Bish Cove, as a fishing boat speeds toward Kitimat harbour in a rain storm on Aug. 21, 2013. (Robin Rowland/Northwest Coast Energy News)

The JRP seemed to believe that time stopped at the evidentiary deadline, and although it acknowledged that Northern Gateway was a 50 year project, the panel didn’t need to know anything new.

A careful reading of the two volumes of the Joint Review Panel report and decision clearly shows that JRP finding was not, as one columnist called it, a triumph of science over emotion, but a proceeding that was biased from the outset to find in favour of Enbridge. It is clear that even though the Joint Review Panel did impose 209 conditions on Northern Gateway, reading those almost 500 pages one sees time and time again that Northern Gateway’s evidence and assurances were accepted at face value, while the panel treated the evidence and testimony from opponents with a much higher level of skepticism.

Moving to Calgary

One of my sources once told me that the “NEB is nothing more than an extension of the Petroleum Club.” In the 1991 budget, then Prime Minister Brian Mulroney moved the NEB headquarters from Ottawa to Calgary as a political gift to Alberta.

At that time the move was also seen as practical, Alberta was still complaining no one in Ottawa was listening to it. So if the Conservative government moved the NEB to Calgary, it would be there listening to the oil patch. NEB offices were scattered across the country, consolidating them in Calgary seemed, at the time, to be a way of saving taxpayers’ money and enhancing internal communications.

Seen now, about 25 years later, it’s clear the NEB move from its Ottawa headquarters and regional offices to Calgary was a disaster waiting to happen. Over the past quarter century, despite its claims of independence, the NEB and its staff have become so embedded in the oil patch energy culture of Calgary that (probably subconsciously) the NEB has shown that it is largely incapable of really taking seriously the culture of British Columbia on issues such as the Northern Gateway and Kinder Morgan projects. The NEB Calgary culture is also colliding,with the concerns and culture of other parts of the country as diluted bitumen pipelines head eastward.

That embedding in Alberta isn’t going to change. It might have been a good idea to move the NEB headquarters back to Ottawa but it’s too late for that. The NEB this week is moving to new quarters in Calgary at a cost to taxpayers of a staggering $21 million.

The Conservative omnibus bills that gutted environmental protection and speed up the review process has made things much worse–at least until this week.

Now the Supreme Court has sent a shot across the bow of the full steam ahead National Energy Board, compelling the board to put much more weight on the concerns of First Nations.

The decision upholding the Tsilhqot’in claim to its traditional territory means the NEB and any future joint review panel (whether involving multiple federal agencies or federal agencies and a province) are going to have to take the concerns of First Nations and indeed all Canadians a lot more seriously—and the future of the planet as well, as described in the first part of this analysis. Chief Justice Beverly McLaughlin wrote that on First Nations` traditional territory:

that it is collective title held not only for the present generation but for all succeeding generations. This means it cannot be alienated except to the Crown or encumbered in ways that would prevent future generations of the group from using and enjoying it.

“Future generations” is the key phrase.

Future generations could undermine that whole world view of the Joint Review Panel, since the panel so casually dismissed the fears of a major disaster on the coast, saying it was “unlikely” and could be “mitigated.”

The JRP basically had a so-what attitude to British Columbia, arguing that since parts of the British Columbia environment had already been degraded any future environmental problems would be minimal and could be “mitigated.”

Public interest

While in the introduction to its definition of the Public Interest, the JRP says

If approved and built, the Enbridge Northern Gateway Project could operate for 50 years or more. Sustainable development was an important factor in our environmental assessment and our consideration of the public interest. The project would have to meet today’s needs without compromising the ability of future generations.

Sounds like that might match the Chief Justice. But, as the old saying goes, the devil is in the details. And just a few paragraphs later, the JRP says:

Our assessment of the project’s effects on residents and communities Considering Northern Gateway’s project design, its commitments, and our conditions, we concluded that the project’s potential effects on people’s land, water, and resource use could be mitigated. We were not persuaded that construction and routine operations of the project would have a negative effect on the social fabric of communities in the project area. We also were not persuaded that the project would adversely affect the health and well being of people and communities along the route or in coastal areas. We found that the net overall economic effects of the project would be positive and would provide potential benefits and opportunities to those individuals and businesses that choose to participate in the project.

“Trust Enbridge”

The JRP’s attitude toward a major disaster was “trust Enbridge.”

We found that some level of risk is inherent in the Enbridge Northern Gateway project, and that no party could guarantee that a large spill would not occur. We found that a large spill, due to a malfunction or accident, from the pipeline facilities, terminal, or tankers, is not likely.

We found that Northern Gateway has taken steps to minimize the likelihood of a large spill through its precautionary design approach and its commitments to use innovative and redundant safety systems, such as its commitments to address human error, equipment failures, and its corporate safety culture. These commitments and all others made by the company

Oh well, the ecosystem will recover eventually—a conclusion that could be reached only by ignoring the evidence from Prince William Sound, site of the Exxon Valdez spill.

We found that, in the unlikely event of a large oil spill, there will be significant adverse environmental effects, and that functioning ecosystems recover through mitigation and natural processes.

We found that a large oil spill would not cause permanent, widespread damage to the environment. The extent of the significant adverse effects would depend on the circumstances associated with the spill. Scientific research from past spill events indicates that the environment recovers to a state that supports functioning ecosystems similar to those existing before the spill. We found that, in the unlikely event of a large oil spill, there would be significant adverse effects on lands, waters, or resources used by residents, communities, and Aboriginal groups.

We found that, in rare circumstances, a localized population or species could potentially be permanently affected by an oil spill. Scientific research from a past spill event indicates that this will not impact the recovery of functioning ecosystems.

In other words, some communities, probably aboriginal communities, would have be sacrificed in the public interest and the economics of Alberta while the economy of that part of British Columbia would be destroyed.

Will the JRP have to start over?

The environmental law community and First Nations leaders are already taking a look at another paragraph in the Supreme Court judgement. Paragraph 92 in lawyer speak.

At the celebration of the Supreme Court decision, on June 26, Gerald Amos welcomed the suggestion from lawyers that the ruling could force a re-examination of Northern Gateway. (Robin Rowland/Northwest Coast Energy News)

One of the many reports comes from West Coast Environmental Law which noted in an e-mail

[T]he Tsilhqot’in decision, Canada’s highest court brings home the implications of this for Enbridge and other project proponents:

Once title is established, it may be necessary for the Crown to reassess prior conduct in light of the new reality in order to faithfully discharge its fiduciary duty to the title-holding group going forward.

For example, if the Crown begins a project without consent prior to Aboriginal title being established, it may be required to cancel the project upon establishment of the title if continuation of the project would be unjustifiably infringing.

And what about the overhaul of environmental legislation in 2012 to smooth the way for pipeline and other industrial development?

The court notes: “Similarly, if legislation was validly enacted before title was established, such legislation may be rendered inapplicable going forward to the extent that it unjustifiably infringes Aboriginal title.”

Reset

In other words, the Supreme Court decision resets everything.

It could nullify the recent decision by the Prime Minister to permit the Northern Gateway to go ahead. Or it could mean, especially given the number of court challenges just to the JRP, that, in light of the Tsilhqot’in decision the panel will be ordered by a court to go back to the drawing board and reconsider its findings.

Then there are the pending challenges to the Harper decision allowing the Northern Gateway to go ahead. Sources told Northwest Coast Energy News that the first of a number of court challenges were to be filed last week. It is likely that after the holiday weekend, lawyers will be rewriting their filings and their briefs in light of the Tsilhqot’in decision and presenting the Federal Court with those challenges some time in July.

The justices of the Supreme Court did allow a public interest exemption on the use of First Nations land for a larger purpose, but there must now be genuine consultation and the public interest will likely have be proven beyond a reasonable doubt, it can’t just be the whim of a prime minister with a tame, unquestioning caucus who decides what is in the public interest.

Who consults whom?

In the decision, Chief Justice McLaughlin wrote:

Governments and individuals proposing to use or exploit land, whether before or after a declaration of Aboriginal title, can avoid a charge of infringement or failure to adequately consult by obtaining the consent of the interested Aboriginal group

and later

The right to control the land conferred by Aboriginal title means that governments and others seeking to use the land must obtain the consent of the Aboriginal title holders. If the Aboriginal group does not consent to the use, the government’s only recourse is to establish that the proposed incursion on the land is justified under s. 35 of the Constitution Act, 1982.

Compare that again with what the JRP said. As with the environmental impact it begins by saying:

The Panel finds that the magnitude, extent, and potential impacts of this project required an extensive program of public consultation. The Panel considers thorough and effective consultation to be a process that is inclusive of, and responsive to, all potentially-affected groups and individuals.

Then the JRP says:

The Panel notes that, among potentially-affected parties, there were differing perspectives on what constitutes a thorough and effective process of consultation. There were also different views among some parties about how consultation should occur, and their roles and responsibilities during consultation.

And then:

The Panel believes that it is critical for all parties to recognize and understand their respective roles and responsibilities for achieving effective dialogue during consultation. The Panel noted the principles of thorough and effective consultation at the beginning of this chapter. The Panel finds that these principles require that a process must provide timely, appropriate, and effective opportunities for all potentially-affected parties to learn about a project, provide their comments and concerns, and to discuss how these can be addressed by the applicant.

So what does it mean?

The JRP starts off by giving Northern Gateway a slap on the wrist:

The applicant [Enbridge] must be genuinely responsive. Affected parties have an ongoing and mutual responsibility to respond to opportunities for consultation, to communicate concerns they may have, and to discuss how these can be addressed.

But then it goes on in the same paragraph:

Consultation requires trust, mutual respect, and relationship-building. All parties have an obligation to seek a level of cultural fluency, in order to better understand the values, customs, needs, and preferences of the other parties involved in the consultation process. All parties may be required to adjust their expectations in response to the information, concerns, and interests raised and considered through the process. The Panel observed that this approach did not always occur in this proceeding.

Get the phrase “all parties.” It is clear here that the JRP is taking on the First Nations and other opponents for not seeing Northern Gateway’s point of view, since it accepts, as seen below, Northern Gateway’s contention that it is doing a good job with consultation,

And the word “trust.” Again the Alberta-bound JRP (the panel had no members from British Columbia, two from Alberta, one from Ontario) are saying “trust Enbridge.”

Unfortunately after a decade of operating in the northwest, and despite its spin, Enbridge has failed time and time again to establish trust with First Nations and it has equally failed to establish trust with a significant number non-aboriginal residents of the northwest.

The companies developing LNG projects have, for the most part, established a level of trust.

The joke up here is now so old it’s a cliche (but still unknown to the eastern media) where an LNG executive says, “We look at what Enbridge did and do the exact opposite.”

The Panel accepts Northern Gateway’s view that consultation is a process which should ensure that all parties are better informed through consultation, and that it involves being prepared to amend proposals in light of information received. In this regard, the Panel notes that Northern Gateway made numerous changes to the design and operation of the project in response to input provided by the public, landowners, governments, and stakeholders

In fact, Northern Gateway is still fumbling the ball.

It is true that Northern Gateway did change its plans and put another $500 million into the plans for the project–after a lot of public pressure and growing controversy during the JRP hearings over its plans.

Sheila Leggett — JRP Chair Sheila Legget during the final arguments in Terrace, June 17, 2013. (Robin Rowland/Northwest Coast Energy News)

Equally telling was Northern Gateway’s dismissal in its final arguments (arguments accepted by the JRP) that there was no earthquake hazard in the region, despite two major earthquakes at Haida Gwaii and southern Alaska just months earlier, both of which shook Kitimat.

In the final oral arguments, Northern Gateway’s lawyer Richard Neufeld summarily dismissed the fears of the Haida and Heiltskuk First Nations about destruction of the herring spawning beds because, he said, first, the chances of a tanker disaster were unlikely and second, even if there was a tanker disaster it was even more unlikely that it would occur during the spawning season. (Not that the spawning season matters, herring beds in San Francisco Bay are still damaged years after a spill there).

Now with the Tsilhqot’in decision, Enbridge can no longer summarily dismiss those fears. The companies who have proposed liquefied natural gas projects are meeting with anyone, including avowed opponents, and opening dialogues, even if both sides continue to disagree. Despite its spin, accepted by the political pundits and eastern business media, those who live in the northwest know Northern Gateway’s consultations and engagement, so far, have mostly been with friendly groups and friendly audiences.

The Supreme Court decision is going to change that attitude in the coming weeks. If Enbridge wants Northern Gateway to go ahead, the company is going to have to genuinely engage with First Nations. Given all the damage created by Enbridge over the past decade, that engagement is unlikely to change anything.

The Supreme Court decision is going to have one more consequence.

Eventually, in a few years, the decision will negate that stupid attitude from the conservative media and some in the business community that the people of northwestern British Columbia are against all development. That was never true but it’s a convenient excuse for those columnists and conservatives not to question their own assumptions.

If the reporters and columnists had bothered to come up here, if the press-release dispatching business leaders had bothered to leave their executive suites, they’d know what northwestern BC wants is responsible and sustainable development, not quick in and out profits.

The Supreme Court decision means that any future industrial development in the northwest will be much different from anything seen in the past because First Nations must be involved from the beginning.

Given its sorry track record, it is unlikely that Enbridge will be part of that development. but others will profit, yes profit, from that failure.

In the coming years it is also likely that there will be a new approach to development from the National Energy Board after they begin to see their narrow oil-patch friendly approach and rulings struck down by the courts quoting the Tsilhqot’in decision.

Haisla purchase old hospital site from province. District agrees to help major new development

The Haisla Nation have purchased the old hospital site in downtown Kitimat from the BC government and are planning what will likely be a multi-million dollar development across from City Centre that will include a condominium-hotel, a new shopping mall and a restaurant.

Premier Christy Clark came to Kitimat Tuesday to announce the sales agreement along with Haisla Nation Chief Counsellor Ellis Ross. The agreement also involves the District of Kitimat indicating the beginning of building a new phase in the sometimes strained relationship between the district council and the First Nation.

Ellis Ross Christy Clark — Haisla Nation Chief Counsellor Ellis Ross presents BC Premier Christy Clark with a gift to mark the sale of the hospital lands to the First Nation. (Robin Rowland/Northwest Coast Energy News)

On the day that the Conservative government approved the Northern Gateway pipeline project, all sides pointed to the hospital site agreement as an example of partnership that could lead to development of liquefied natural gas and other industrial projects in BC’s northwest.

The old pink hospital, built when there were plans for a Kitimat with 50,000 people was closed in 2002 when the new Kitimat General Hospital was opened. The old building was dismantled and then imploded in 2005 at a cost of $1.9 million. Five years later, in 2010, the land was transferred from Northern Health to the province.

That began four years of negotiations with provincial ministries, the Haisla Nation and the District of Kitimat, so that the First Nation could purchase the land which is on their traditional territory.

The land has sat idle since 2005, although it is prime real estate as the economy of Kitimat begins to boom with the growth of industrial projects like the $3.3 billion Rio Tinto Alcan Kitimat Modernization project at the aluminum smelter as wells the Shell-led LNG Canada and the Chevron-led Kitimat LNG projects.

“It’s an important land transfer from the perspective of the community because this land has sat empty for too long,” Clark said. “It’s time for economic development. It will be such a big part of creating lots of energy, lots of jobs in the community but it’s really a demonstration of the partnerships that we’re going to have to have to make LNG and prosperity work in British Columbia”

Haisla Nation Chief Counsellor Ellis Ross told reporters, “This is an example of how things should be done” in regard to First Nations rights and title. “Case law dictates how consultation must take place and if you respect and abide by them I think it proves we can actually come to a solution. BC’s not going anywhere, Canada’s not going anywhere, and First Nations aren’t going anywhere. None of us are going to get 100 percent of what we want. Where do we find that middle ground? It’s possible to do it if you actually take a page out of BC’s book and learn from the mistakes they made ten years ago to today where they’re doing things right.”

Both remarks were clearly intended to send a message to the federal government and Enbridge about consultations on the controversial Northern Gateway pipeline and tanker project.

Clark concentrated on showing the connection between the land deal and future liquefied natural gas development.

Kitimat Ground Zero

“There are over 13 LNG proposals for British Columbia, all of them are at various stages of developments and if anyone of those and we certainly hope it will be more than one reaches final investment decision, that is going to mean a lot of change,” Clark said.

“To make sure this happens, it means opening our doors, opening our doors to First Nations and of course the Haisla were ready and eager to walk through that door, working with labour to make sure we can build a workforce, working with educational institutions across the province to make sure we are
ready to be sure that British Columbians are first in line for those jobs.”

Premier Christy Clark at the Kitimat ceremony (Robin Rowland/Northwest Coast Energy News)

“This site is really about nation building, it’s about community building and it’s about partnerships. This transfer of land will enable the Haisla to commercially develop this piece of property and that is going to mean huge opportunities in this community. It’s going to open up economic growth. It’s going to be a big benefit for Kitimat and the entire surrounding region on this piece of land that has sat empty for far far too long.

“We’re going to continue to work with the Haisla that have shown such vision and courage in leading the argument for LNG across this country and we want to make sure, as Ellis says that this property gets developed as soon as you possibly can. We’re very happy to work with the region of Kitimat, with industry with labour with First Nations to make sure we’re growing this opportunity for the future.

“We’re here because this was the day that worked for everybody. If there is a message for the country is that liquefied natural gas is a nation building opportunity. Ground zero is right here in Kitimat, this community is going to build our country the way that energy has built the country in the past. We have the resources in British Columbia to create hundreds of thousands of jobs and prosperity for every Canadian. I really want Canadian to know that this is not just a BC project. It’s not just a northwest BC project. It’s all these projects that are of national importance.

Ross did not put a cost on the project, since the first step is to do a survey for environmental remediation of the site.

An agreement in April between the Haisla and the District of Kitimat on how the lands will be developed was hailed at the ceremony as a step in healing the sometimes strained relationship between the District and the First Nation.

Ross praised the District of Kitimat for “their willingness to sit down and work with us,” adding that Tuesday’s agreement will lead to discussions on other issues.

Ross said Tuesday’s agreement is “a small step but significant” step in making the Haisla Nation members “self-determining from the ground up,” so they can get jobs without being dependent on either the Haisla Nation Council or other levels of government.

The Spirit of Kitlope dancers opened the land transfer ceremony. (Robin Rowland/Northwest Coast Energy News)

Northern Gateway

At the end of her speech, Clark deliberately brought up Northern Gateway, saying that “no heavy oil” project, including the Enbridge Northern Gateway, has met the province’s five conditions to proceed.

“We settled the five conditions, they’re very clear, they’ve been on the table for a very long time now,” Clark said. “It is up to the proponent in the private sector to figure how, if and when they’re going to be able to meet them. None of them have yet. So I want to assure people, that whatever decision the federal government announces today, our five conditions are not changing and none of the proposals have met those conditions, so we don’t support any of the projects as they stand.”

On the other hand, Clark said the proposed liquefied natural gas projects are “meeting all those five conditions. The companies that have invested in natural gas here in British Columbia are going to show the country that you can do business in British Columbia and we do it in a way that protects our environment and respects First Nations. We are proving we can do it, because we’re proving we can do it with LNG,”

Ross repeated that the Haisla are opposed to the Northern Gateway Project and that should the government’s decision approve the project, the next step is to go to court. He said that consultation by both the federal government and by Enbridge since the first contact in 2009 has been inadequate.

He told reporters, “One of the five conditions is that aboriginal interests are met and on behalf of the Haisla, I can say that one of the conditions that without a doubt that has gone wrong. The rest of the conditions are up to BC.”

As Gateway decision nears, RCMP, District of Kitimat in long term planning for potential protests

At least three rallies are planned for Kitimat on Tuesday, June 17, as BC Premier Christy Clark is scheduled to arrive to announce a new agreement with the Haisla Nation and, a few hours later, the Harper government will announce its decision on approving the Northern Gateway project.

The Harper government is expected to approve the highly controversial pipeline, terminal and tanker project and once that happens, it is likely that Kitimat will be the focus of protests against (and perhaps for) Northern Gateway.

District Council was told Monday, June 16, that the RCMP and District staff have had meetings to come up with contingency plans if large numbers of protesters come to Kitimat in the future.

S/Sgt. Phil Harrison — RCMP Staff Sergeant Phil Harrison briefs District of Kitimat Council on plans for future protests in Kitimat, June 16, 2014. (Robin Rowland/Northwest Coast Energy News)

Answering a question from Councillor Phil Germuth, Staff Sergeant Phil Harrison, Kitimat detachment commander told Council that RCMP had met with Kitimat deputy chief administrative officer Warren Waycheshen to discuss the groups they were aware of that might be protesting in Kitimat.

“It’s actually hard to plan for some of them, we don’t know how large they’re going to be, “Harrison told Councl, “There are all sorts of different factors that go into coming up with an operational plan for any kind of a demonstration

“We’ve talked about where we may be able to hold demonstrations, how we are going to do accommodate the people, what are we going to do for sanitation,
what we are going to do for garbage collection. all that kind of stuff,” the staff sergeant said.

“Until we get more information regarding what kind of demonstration it’s going to be, it’s hard to plan for. We do encourage any leaders of any organization that’s going to be demonstrating to come and chat with us.

:Demonstrations are fully legal in Canada. We have no problems with those. Our concern is when it comes to the safety of the public and so, therefore, if there isanything we can do to help to mitigate any kind of problems that might arise if the safety of the public, we’d like to know that before hand.”

Waycheshen said it was up to Council to set policy but noted that the staff has been working on long term plans, saying. ‘We do a lot of pre-planning and then just wait to see if it comes or not.”

Waycheshen said that while the RCMP and District staff have studied the more obvious locations, “as the RCMP point out, there are certain times when people won’t congregate where you want them to, so we have to work around their locations.’

“We’ve looked at the need for water, porta-potties, meals and stuff,” Waycheshen said. “It’s always tough until you know the numbers When they come in, are they going to be self sufficient or not?

“We’ve talked to our suppliers to make them aware that this could be happening at short notice, so they’re aware of it,

“We’ve done as much as we can And almost like the emergency plan, we’ve talked to the emergency planning group for the District. There might be a point where we activate the EOC [Emergency Operations Centre] plan, not to treat it as an emergency but to give you a lot more flexibility to react in a quick way.”

“Some of the suppliers say we should be able to get you this and that, but we will have to know at the time.

“It’s really contingent on when they’re coming in. Our purchasing department has been really good about contacting people, this is the potential of what we could
have.”

It all starts on Tuesday when Premier Clark is scheduled to arrive at the old hospital site to announce the agreement with the Haisla.

Douglas Channel Watch says it plans to rally at the “Downtown Kitimat” sign across the street from the hospital site at 10:45. Kitimat’s teachers who will officially be on strike on Tuesday, plan their own rally at Centennial Park at the same time.

The Harper government will announce its decision on the Northern Gateway shortly after 4 p.m. Eastern Time, after the market close in the east, 1 p.m, Pacific Time.

Shortly after the government announcement, Douglas Channel Watch will then hold a second rally in Centennial Park.

Kitimat Council urges heavy turnout for North Coast Draft Marine Plan meeting

Marine planning map — Zone maps for the North Coast marine draft plan. (MAPP)

District of Kitimat Council has urged residents to turn out in large numbers for consideration of the North Coast Draft Marine Plan at the Kitimat Valley Institute Tuesday, May 13, from 5:30 to 8:30.

In introducing the motion, Mayor Joanne Monaghan said she was worried that not enough Kitimatians, especially charter operators, boaters and fishers were aware of the meeting.

Another council member privately said he was worried that the Open House and Forum weren’t publicized enough so that the town could be checked off as having “been consulted.”

Residents can download the plan from the Mappocean website at http://mappocean.org/north-coast/draft-plan-for-input/.

MAPP stands for Marine Planning Partnership for the North Pacific Ocean.

According to the documents the purpose of the North Coast Marine Plan “is to provide recommendations for achieving a sustainable balance between ecosystem health, social and cultural well-‐being and economic development through an ecosystem-‐based approach to planning and management.”

The plan is all about managing “common First Nation and provincial interests related to marine areas.”

The parners include the province and the Skeena First Nations Stewardship Society (NCSFNSS), representing the Metlakatla, Kitsumkalum, Kitselas, Haisla, Gitga’at, and Gitxaala Nations.
According to the doucments the North Coast plan area covers 27,000 kilometres of coastline;

that is indented with deep fjords and dotted with thousands of islands. It is a region of profound beauty, significant ecological diversity and remarkable cultural richness. Prince Rupert, Terrace and Kitimat are the largest communities in the North Coast plan area, which supports an overall population of approximately 42,000.

According to the summary of the plan:

The physical complexity of the North Coast includes a range of ecosystem types, including important estuaries that support distinct marine ecosystems and species. A diverse range of economic and community activities occur within the North Coast plan area. Commercial fisheries and associated processing facilities and logging have supported communities along the coast since the early 1900s. These activities continue to be important to the well-‐being of coastal communities. Port activities centered around the communities of Prince Rupert, Kitimat and Stewart, and active recreational fishing and tourism sectors, continue to be strong economic drivers in the area. North Coast First Nations living in the region have distinct cultural and spiritual heritages that are intricately linked to the marine environment and the long-‐standing sustainable use and management of marine resources.

The plan appears to overlap some areas where there have been environmental assessments of the Northern Gateway and the numerous liquified natural gas proposals.

The plan summary goes on to say:

The draft plan brings together science and Aboriginal knowledge, input from the technical staff of NCSFNSS (representing the Gitga’at, Gitxaała, Metlakatla, Kitsumkalum, Kitselas and Haisla Nations) and the Province. Key information and direction was provided by First Nations strategic marine use plans and existing provincial planning and policy documents.
Ecological, cultural and social and economic data sources were compiled and analysed by the joint technical team and contract support. Relevant background scientific reports and technical documents from the Pacific North Coast Integrated Management Area (PNCIMA) process were also used, along with the BC Marine Conservation Analysis. Additional information was drawn from government reports and publications, academic literature, industry or sector publications, discussions with experts and local knowledge. Advice was also incorporated from the North Coast Marine Plan Advisory Committee and public and stakeholder engagement.

The Pacific North Coast Integrated Management Area process was killed by the Harper government in the fall of 2011 . The decision to kill the PNCIMA was officially for budget reasons, but general speculation at the time was that Harper and then Natural Resources Minister Joe Oliver wanted to kill PNCIMA as one way of ensuring the government could push through the Northern Gateway project. The MAPP program was set up by the province and First Nations as a reaction to Harper’s decision.

Draft Marine Plan Summary (pdf)

Harper’s Northern Gateway strategy and why it will end up in a muddy mess

It appears that the Stephen Harper’s strategy for approving Northern Gateway has been revealed on background to The Globe and Mail’s Gary Mason. (Either it’s a revelation or a trial balloon).

It comes down to the idea that Harper will approve Gateway “in the national interest,” count on a vote split between the NDP and Liberals in British Columbia to avoid any consequences to the Conservative majority and then leave it up to Enbridge to actually get the job of building the pipeline and terminal project done.

Mason quotes “ a senior member of Mr. Harper’s government,” and while Mason doesn’t say what part of Canada the source is from, (unlikely in my view the source is from BC) what the member told Mason reveals that the Harper government is still mired in it the Matrix-world that has always governed its policy on Northern Gateway.

The first step, apparently coming in the next few days, is that the Harper government “rigorous” new tanker protocols for traffic along the west coast.

Tanker protocols
So the obvious question is, will these protocols be new or will the government simply be reannoucing paper policies that they did in the March 2013? How many of the recommendations of the tanker task force is the government actually going to accept?

Even if the protocols are new, just who is going to enforce those policies?

Mason says:

Even if Gateway and the Kinder Morgan expansion went ahead, he argued, B.C. would still only see about 60 per cent of the annual oil tanker traffic the neighbouring state of Washington deals with. And yet Washington has an exceptionally clean record when it comes to the safe transport of oil in and out of its harbours – this, he noted, while operating under marine safety regulations that are not as rigorous as the ones Ottawa intends to put in place for the shipment of oil along the West Coast.

There are a lot big problems with that statement.

First, there’s an organization that the Mason’s source may have heard of known as the United States Coast Guard. The United States rigorously enforces its “weak” regulations, while Canada’s Coast Guard is plagued by staff shortages and budget cuts.

Second, the State of Washington also rigorously enforces its environmental regulations, not only on the coast but across the state. I have been told by retired British Columbia forestry and environmental officials (not to mention Fisheries and Oceans) that there are often more state environmental watch dogs in most Washington State counties than in all of northern British Columbia where the Northern Gateway is supposed to be going.

The September 2013, report by the US National Oceanographic and Atmospheric Administration on the export of Canadian bitumen sands through the US shows that the Washington Department of Ecology is working on strengthening regulations for both pipelines and (where it’s in state jurisdiction) tanker traffic. The same report says the state of Alaska Department of Environmental Conservation is updating its plans and possible regulations in anticipation that bitumen filled tanker traffic from Kitimat would come close to the coast en route to Asia.

Third, the coast of northern British Columbia is more rugged and stormy than the waters off Washington.

Who pays?

The one factor that the urban media seems to ignore, is the big question.

Who pays?

Who pays to enforce the 209 conditions that the Joint Review Panel imposed on the Northern Gateway project?

If the Harper government announces new tanker regulations in the coming days, who pays to enforce those regulations?

There were no provisions in the February budget for enforcing the 209 conditions. Rather there were continuing budget cuts to the very departments that the JRP ruled must be involved in the studying, planning, implementation and enforcement of the 209 conditions, Environment Canada, Fisheries and Oceans and Transport Canada.

So while Mason says “The federal government will play its part in meeting the five conditions laid out by the B.C. government for support of the project,” the response must be “Show me the money!”

During the recent plebiscite campaign, Northern Gateway finally revealed its plans for the “super tugs” that will escort tankers along the coast and up Douglas Channel. Owen McHugh, a Northern Gateway emergency manager said, “Adding these four or five tugs to the north coast provides a rescue capability that doesn’t exist in this format. So for any large commercial vessel that is traveling on our coast, this capacity to protect the waters of the north coast.” Those tugs and Northern Gateway’s plans to station teams at small bases along the coast means that the company is, in effect, creating a parallel, private, coast guard on the BC Coast.

What about the Coast Guard itself? The Harper government has been gutting Coast Guard resources along the coast even before it had its majority. It closed and dismantled the Kitsilano Coast Guard station in Vancouver. There is more dependence on the Royal Canadian Marine Search and Rescue volunteers, who have to raise money locally for modern rescue boats which cost up to $750,000. The money that government was “generously” giving to RCMSAR had to be split up to 70 stations in 42 communities along the coast as well as its administrative and training staff.

And speaking of boats, what about Coast Guard vessels on the coast? As the Globe and Mail has reported, the government’s shipbuilding program is already over budget and behind schedule. The aim is Arctic/Offshore Patrol Ships and new destroyers. With the crippling of HMCS Protecteur that has raised the concerns about the already troubled supply ship program.

Does anyone notice what is missing from that list? What’s missing are better Coast Guard vessels just to police all the expected tanker traffic on the west coast (whether LNG or bitumen) and no mention of dedicated spill response vessels, which under the “polluter pay” policy will likely be left to private contractors (and hope that the ships are available at the time of a spill)

How will we know?

Then there is the question of how will people even know if the 209 conditions are being enforced; whether or not the reports demanded by the Joint Review Panel are going be sitting on the National Energy Board server and ignored.

There is every indication, given the government’s obsession with secrecy that until there is a disaster the Canadian public will never know what’s going on. Harper’s muzzling doesn’t just cover government scientists, it covers the lowest level of bureaucrats, as District of Kitimat Council found out when low level DFO bureaucrats refused to appear publicly before council to discuss the risk to the Kitimat River.

So the scenario is, according to Mason’s source

“I think once this decision is made, Enbridge could have shovels in the ground the next day,” the member said. “They are ready to go. This means the First Nations could start realizing profits from this right away, as opposed to the promised profits from LNG, which may never materialize. I think they need to think about that.”

First, as part of the blunders is that the Conservatives have always made is the assumption that eventually the First Nations of British Columbia can be paid off, ignoring the commitment of the First Nations, especially on the coast, to protect the environment that sustained them for thousands of years.

While the LNG market is volatile, the “member” forgets that most of the First Nations of British Columbia have opposed the Northern Gateway since Enbridge first floated the idea in 2001. The current LNG rush didn’t start until after Japan shut down its nuclear power plants after the March 2011 earthquake, The first major anti-Enbridge rally, “The Solidarity Gathering of Nations” was held at Kitamaat Village in May 2010.

Writing off BC

It appears that Conservatives, in their election strategy have already written off Gateway opponents:

Still, there is a raw political calculus that needs to be taken into account. Polls measuring support for the pr.oject in B.C. vary, but generally have shown that anywhere from 55 to 60 per cent of the province opposes Gateway and 40 to 45 per cent support it. Isn’t that enough to scare off a government that needs critical votes in B.C. to win another majority?
“Let’s say 60 per cent are against it,” he said. “And that vote splits between the Liberals and the NDP come the next election. Who are the 40 per cent going to vote for?”

As for the cabinet, it has consistently shown its contempt for northwestern British Columbia and that is unlikely to change.

Mason also speculates that Harper will approve Gateway to stick it to Barack Obama and the delays on Keystone XL. As he points out that’s a political, not an economic decision.

There are civil disobedience classes being held across northwestern BC this month. Access to Information requests by the Vancouver Observer revealed increased RCMP surveillance of the anti-Gateway movement. There has always been talk of a “war in the woods” if the pipeline project is forced on an unwilling population.

So it comes down to a question that Mason and the Conservatives are avoiding. Mason’s source says Northern Gateway is crucial to the national interest:

“At the end of the day, you have to do what’s right, not what’s politically expedient,” he said. “You have to ask: What’s in the best interests of all Canadians?”

So given all that will the Harper government leave Enbridge to tough it out on its own?

Highly unlikely.

But will the Harper government, with its bean counting obsession on balancing the budget be willing to pay for all that is needed?

Highly likely.

There’s lots of marine clay along the pipeline route, laid down by ancient oceans. That brings to mind just one word. Quagmire, not just the wet, sticky BC mud but a political quagmire.

Kitimat Council votes 4 to 1 to oppose Enbridge Northern Gateway

District of Kitimat Council voted four to one Monday night to officially oppose the Northern Gateway pipeline, terminal and tanker project.

After a lengthy debate, Mayor Joanne Monaghan, Councillors Phil Germuth, Mario Feldhoff and Rob Goffinet voted in favour of the motion. Councillor Edwin Empinado voted against the motion. Councillors Mary Murphy and Corrine Scott were absent due to illness.

Part of the debate was a search for unanimity and that meant simplifying the original motion from Phil Germuth, eliminating references to the Haisla Nation and “neighboring communities,” largely at the insistence of Mayor Monaghan.

Germuth’s original motion read:

That Mayor and Council support the results of the April 12th plebiscite, the Haisla and our neighboring communities by adopting a position of being opposed to the Enbridge Northern Gateway project.

What passed is:

That Mayor and Council support the results of the April 12th plebiscite by adopting a position of being opposed to the Enbridge Northern Gateway project.

Council was in a search for unanimity, so Germuth eventually agreed to a friendly amendment that eliminated the references to neighboring communities. Mayor Monaghan, in the debate, said that Germuth’s full motion was against the spirit of the plebiscite, which she argued was just for Kitimat.

In opening the debate, Germuth specifically told council that it was time for Kitimat to join and support both the Haisla Nation and neighboring communities Terrace, Prince Rupert and Smithers which had earlier voted to oppose the Northern Gateway project.

Germuth noted that Kitimat is an industrial town and does support industrial projects but for him and the people who voted against the project, Enbridge Northern Gateway is the wrong project.

Mario Feldhoff, who earlier in the year had said he supported Northern Gateway, told council that with the plebiscite result, it was time for council to support the will of the majority of Kitimat residents. Feldhoff went on to say that he had reservations about rejecting Gateway. He added that he hoped that newspaper magnate David Black’s plan for a refinery at Onion Flats outside Kitimat would bring thousands of jobs to the region.

Rob Goffinet pointed out residents of Kitimat, if anyone, were experts on the Northern Gateway, after five years of presentations before council from Enbridge Northern Gateway, from Douglas Channel Watch and others. He said that Kitimatians also had the opportunity to read the full report from the Joint Review Panel. Overall, Goffinet said he was in “favour of certain industrial development,” but Northern Gateway failed the test. He called on Prime Minister Stephen Harper to respect the decision by the people of Kitimat.

Edwin Empinado asked council to consider five questions, mainly about potential changes in the future for scientific and technical advances. Empinado also worried that saying no to Northern Gateway was beyond the powers of a municipality. He said he would vote against the motion because he preferred council to remain neutral.

Monaghan said she was having difficulty with Germuth’s motion because she felt that it went further than what Kitimat had voted for. She also said she supports the David Black refinery, believing that it would bring much need jobs to the region.

At the point it looked as the motion would pass three to two and council struggled to find a compromise. Feldhoff suggested an amendment dropping the references to the Haisla and neighbors. Goffinet pointed out that if the simplified motion passed, Kitimat would be joining the Haisla, Terrace, Prince Rupert and Smithers anyway. Germuth then agreed to make the amendment “friendly.”

Empinado maintained his position against the motion, saying that the motion would not allow the council to make changes in the future. Empinado stuck by his position that there must be scientific rigour applied to the Northern Gateway issue and his belief that the motion did not allow for future changes.

Feldhoff then said there was nothing in the motion that precluded council for re-examining the issue in the future.

Monaghan then called the motion and it passed with Empinado’s dissenting vote.

Both Feldhoff and Monaghan said that they had been approached by people who did not vote but who were in favour of Northern Gateway. Feldhoff said he hoped that would be a lesson for those who do not turn out at the polls.

Monaghan had opened the debate by asking that it be tabled until Councillors Scott and Murphy could be present. That motion was defeated 4 to 1.

NRDC delivers “unequivocal congratulations” to Rio Tinto for Pebble Mine divestment

NRDC ad — Natural Resources Defence Counsel ad in the Financial Times thanking RIo Tinto (NRDC)

The US based Natural Resources Defence Counsel environmental group, a major opponent of both the Keystone XL and Northern Gateway pipeline projects, is praising Rio Tinto for divesting its interests in the controversial Alaska Pebble Mine project.

The NRDC is, in fact, so pleased, with Rio Tinto that they took out an expensive full page ad in London’s Financial Times to congratulate the mining and smelting giant which, of course, owns Rio Tinto Alcan and the aluminum smelter in Kitimat.
Related
Rio Tinto donates $19 million Pebble Mine stake to charity

The National Resources Defence Counsel is often a favourite target for the Harper government and oil-patch conservatives who see it as one of the foreign environmental groups interfering in Canadian affairs.

A delegation from the NRDC and Alaska First Nations met with Rio Tinto’s top executives in London, according to a blog post on the organization’s website by Joel Reynolds, its senior lawyer and western director, Pebble Mine: Delivering Congratulations, Not Petitions, to Rio Tinto

In the blog Reynolds writes

We’ve gone each year [to corporate shareholder meetings or to meet corporate executives] to fight the Pebble Mine — a 21st Century example of what the mining industry will do if given free reign, based on promises of safety, sustainability, and technological innovation that can’t be kept and must not be believed….

In 2010, I also traveled to Tokyo to meet with leadership of Mitsubishi Corporation, a former significant Pebble shareholder that quietly sold all of its interest in the project eight months later.

This has become an essential aspect of our advocacy with multi-national corporations: meeting privately with company leadership and participating in the once-a-year public gathering of their shareholders, of which – in order to gain access — we are one. Attending the shareholder meetings is no fun, requiring immersion in a world where natural resources are for extraction and exploitation, where representatives from far-flung communities seeking remediation and redress from contamination recount the tragic impacts of mining on their daily lives.

But this year promised to be different for the residents of Bristol Bay – and for those of us supporting their cause.

NRDC director and lawyer Joel Reynolds shows a copy of the Financial Times ad to Kim Williams, Executive Director of the Alaska Nunamta Aulukestai, Rio Tinto CEO Sam Walsh, Reynolds, Rio Tinto Chair Jan de Plessis, Rio Tinto Director of Copper Jean-Sebastien Jacques and Bobby Andrew, Yupik elder and spokesperson for Nunamta Aulukestai (NRDC)

Reynolds goes on to write that a week after Rio Tinto announced the divestment, they were meeting with RT CEO Sam Walsh and senior executives in the London headquarters:

We were there to thank them for listening to the people of Bristol Bay who, by overwhelming numbers, have consistently voiced their opposition to the mine – a project that embodies the greatest threat ever posed to the economic lifeblood of the region, the Bristol Bay wild salmon fishery.

Each of us in turn – including Bobby Andrew (Yupik elder and spokesperson for Nunamta Aulukestai, an association of Bristol Bay village corporations and tribes; Kim Williams, Executive Director of Nunamta Aulukestai; and Bonnie Gestring, Circuitrider for Earthworks) — delivered a simple message: that Rio Tinto had fulfilled its commitment to Bristol Bay’s communities to act responsibly in a manner consistent with protection of the wild salmon fishery and the wishes of the people who depend on it. Given the scope of the proposed Pebble Mine and the unavoidable risks of contamination associated with its location, there is only one responsible course – divestment – and that is precisely what Rio Tinto had done. The company deserved congratulations, and we conveyed it unequivocally.

Later, meeting with Rio Tinto directors, Reynolds presented the board with a copy of the ad from the Financial Times.

In the blog, Reynolds noted that Vancouver-based Northern Dynasty Minerals is determined to proceed with the project and so the NRDC says “despite major progress against the Pebble project, our work isn’t done, and we remain committed to continuing the fight – along with our Members and activists in support of the people of Bristol Bay.”

In taking out the ad, NRDC’s Taryn Kiekow Heimer, Senior Policy Analyst, Marine Mammal Protection Project, said:

NRDC and its 1.4 million members and activists join the people from Bristol Bay, Alaska Natives, commercial fishermen, sportsmen, jewelers, chefs, restaurant and lodge owners, and conservationists in thanking Rio Tinto for showing environmental and financial leadership by divesting from Pebble Mine.

The Haisla Nation and other groups often quoted NRDC studies on pipelines in their presentations before the Northern Gateway Joint Review Panel.

Kitimat votes: High turnout expected for Gateway ballot but what will the results mean to Kitimat?

Members of the Haisla Nation wear No Enbridge t-shirts at the finals of the Kitamaat Open Basketball Tournament, April 6, 2014. (Robin Rowland/Northwest Coast Energy News)

A high turnout is expected Saturday for the non-binding plebiscite where residents of the District of Kitimat can, perhaps, say yes or no to the Enbridge Northern Gateway project. In some ways, it all depends on how people interpret the convoluted question.

Warren Weychasen, Kitimat’s Deputy Administrative Officer said Thursday 910 people voted during advance polls on April 2 and April 9, compared to 470 over the two days of advance voting in the 2011 municipal election.

Even who can vote has can be the matter of heated debate. Members of the Haisla Nation who live in Kitamaat Village feel strongly that they should have a voice, even though legally they live outside the municipal boundaries. “It’s our land they’re talking about,” one Haisla member, who wouldn’t give his name, said Friday as he was getting off the Village bus at City Centre.

The District also decided to allow residents of Kitimat who have been here longer than 30 days to vote, even if they are not Canadian citizens.

Another group that can’t vote, many from outside the northwest region, are living at the Rio Tinto Alcan Kitimat Modernization Camp or at smaller camps for the developing LNG projects. An informal poll of those workers at City Centre Friday showed that if camp workers had been allowed to cast a vote, many would have voted “yes,” something the opponents of Northern Gateway said they feared would overwhelm local residents.

The $6.5 billion project would see two pipelines, one carrying oil sands bitumen from Alberta to the port of Kitimat, and a second carrying a form of natural gas used to dilute the bitumen from Kitimat to Alberta. The bitumen would then be loaded onto tankers for shipment to Asia along environmentally sensitive areas of the British Columbia coast.

Enbridge Vice President Janet Holder talks about the Northern Gateway project at an Open House April 8. (Robin Rowland/Northwest Coast Energy News)

Northern Gateway’s campaign has concentrated on the promise of 180 permanent direct local jobs worth $17 million and more spinoff jobs for contractors and suppliers. The company also promises that the District will receive $5 million in property taxes.

Northern Gateway also emphasized its commitment to safety and the environment, saying that the National Energy Board Joint Review Panel that held two years of hearings on the project, has made many of the company’s voluntary commitments a mandatory part of the conditions for granting permission to go ahead.

The main opponent, Douglas Channel Watch, maintains that the risk from either a tanker accident or pipeline breach is too high for the small number of jobs Northern Gateway will bring to the community.

Advance voting — District residents vote in the advance poll, Wednesday, April 9. (Robin Rowland/Northwest Coast Energy News)

Controversial question

Even the question, as chosen by the District of Kitimat Council, is controversial, because it focuses on the 209 conditions placed on the project by the Joint Review Panel:

Do you support the final report recommendations of the Joint Review Panel (JRP) of the Canadian Environmental Assessment Agency and National Energy Board, that the Enbridge Northern Gateway project be approved, subject to 209 conditions set out in Volume 2 of the JRP’s final report?

After the district council decided on that question, debate on the wording continued through several council sessions in January and February.

Public delegations, some from Douglas Channel Watch, told council that there should be a simple yes or no question.

On January 13, Donny van Dyk, Northern Gateway’s local manager for coastal aboriginal and community relations, told council that the company preferred a series of simple questions, because “We avoid an adversarial feeling plebiscite and we generate dialogue and debate amongst the plebiscite but also so we as a proponent can come away with value and create a better project.”

Council rejected a proposal for a series of simple of questions, leaving voters to decide on whether or not they supported the Joint Review recommendations. That raised the question of whether voters would make their choice on some of the provisions of the report and not the project itself.

What does it mean?

That means that even Council is unsure of what the vote will mean.

The main reason for holding the non-binding plebiscite is that it fulfills a promise from an all candidates meeting during the municipal election in November 2011, where every candidate agreed to “poll” the citizens of Kitimat on Northern Gateway.

After the new council took office, on Jan. 16, 2012, it voted to hold some sort of poll or vote to find out whether the community supports the Enbridge Northern Gateway pipeline project. At the time, it was unclear after the vote how the survey would take place.

For the almost two years of the Joint Review Panel, the District of Kitimat did little more than act as spectators when the JRP was in town, claiming its neutrality policy precluded participation.

The District could have participated without violating the neutrality provisions, but chose not to do so. It’s now clear that decision angered the Haisla Nation, as Chief Counsellor Ellis Ross said in a letter to the media, “the District stood by and did nothing”

The debate in the District of Kitimat Council on March 3 showed that even members of council were uncertain what the vote would mean.

Councillor Corinne Scott said, “As much as we wanted to know what the feeling of the community is, all we know so far is that we’re split. What the percentage of split is, we don’t know,” said Scott.

Councillor Phil Germuth said the vote is not on the project itself, but on the Joint Review decision. “We’re asking about 209 conditions that nobody understands fully. Even Enbridge doesn’t fully understand them.”

Councillor Edwin Empinado said once the results are known, that would give the District “more bargaining power” in future dealing with company and the federal government, a sentiment echoed by Douglas Channel Watch which admits the vote will do little more than send a message to Ottawa.

It was Northern Gateway’s decision to put major resources into the campaign that raised the profile of what was originally intended as way of discovering the feeling in the small community. With the ruling from the Joint Review Panel that Northern Gateway is in the national interest and the final decision in the hands of the federal cabinet, it is equally uncertain what effect, if any, the vote will have on Ottawa.

Acrimonious debate

Throughout the hearings, most people in Kitimat kept their views to themselves. When the campaign began in earnest, which in turn, triggered a fierce and often acrimonious debate on social media, mainly on the Facebook group Kitimat Politics, showing the divide in the community, although it appears from the comments that there are more opponents than supporters on the forum. The e-debate on Kitimat Politics is continuing up to the last minute Friday night and will likely get hotter once the results are known.

The adversarial feeling that van Dyk had said the company wanted to avoid was amplified in the past month when Northern Gateway began an aggressive public relations campaign with newspaper ads, glossy brochures and a door-to-door campaign by employees, some brought in from Alberta.

When news of Northern Gateway’s campaign effort spread on social media, which in turn prompted a counter campaign using the hashtag #adsforkitimat. Ads created by people from across BC were posted on Facebook and YouTube.

Campaign signs on Haisla Blvd. (Robin Rowland/Northwest Coast Energy News)

Campaign spending

Douglas Channel Watch positioned itself as the David vs. the Enbridge Goliath.

On Monday, Murray Minchin of Douglas Channel Watch told Council, “When Kitimat and northern BC residents found out how many resources Enbridge was pouring into their Kitimat plebiscite advertising campaign, some of those citizens made unsolicited donations to Douglas Channel Watch. This has allowed our small group to mount an advertising campaign of our own.” Minchin said donations went up after the group launched a website adding, “People began handing us money on the street while we were putting up lawn signs. Somebody, anonymously, left a $2,000 money order in one of our member’s mailboxes.

On Thursday, Douglas Channel Watch released its advertising budget showing that the organization spent $10,970.00 on print media ads, $792.92 on supplies, and has an outstanding debt of approximately $2,600.00 in radio ads, for a total of $14,362.92. Minchin challenged Enbridge to release its own ad budget.

Ivan Giesbrecht, a spokesperson for Northern Gateway said in an e-mail to the media that the company “will discuss our advertising spending after it’s over [the plebiscite] this weekend.” Late Friday, Giesbrecht released partial figures to the Northern Sentinel, saying the company had spent $6,500 in print and $3,100 on radio advertisements during the campaign.

Those figures don’t include the glossy brochures Northern Gateway distributed in the community, sponsored posts on Facebook, or the signs the dot the streets of Kitimat.

Douglas Channel Watch did put up signs. Many were recycled from earlier protests, came from Friends of the Wild Salmon or were created by volunteers from as far away as Smithers.

Giesbrecht told the Sentinel said the company felt that the discussion in the community about which side of the vote has spent more had “become a distraction” from the real issues. But instead of a discussion on jobs and taxes, on Friday night there was a raging debate on Kitimat Politics on Facebook about the Gateway release on its spending and what was missing from those figures.

Owen McHugh of Northern Gateway — Northern Gateway’s Owen McHugh explains the “supertugs” during a Powerpoint presentation at the Open House (Robin Rowland/Northwest Coast Energy News)

Super tugs

On a cold and rainy Tuesday afternoon, Northern Gateway hosted an Open House and barbeque at the Rod and Gun. Northern Gateway not only outlined the jobs they say the project would create, but emphasized how far along the company is coming in meeting BC Premier Christy Clark’s condition for a “world-class” tanker spill prevention and response system.

Janet Holder, Enbridge Vice President of Western Access described what she and Northern Gateway staff called “super tugs,” 50 metres long. “One will be tethered to the tanker, one will be following the tanker,” Holder said. “So there will be two escorts whenever that tanker is in Canadian waters. The important thing about the tugs is not just they can move that tanker if it get into difficulty. It also contains emergency response equipment right with the tankers. We’ll also have strategically placed barges with emergency response equipment along the shorelines. We will be bringing in an enormous amount of equipment before we even start operating.”

Owen McHugh, a Northern Gateway emergency manager said, “Adding these four or five tugs to the north coast provides a rescue capability that doesn’t exist in this format. So for any large commercial vessel that is traveling on our coast, this capacity to protect the waters of the north coast.” The tugs will also have firefighting capability. “The salvage capability that BC describes as ‘world-class,’ Northern Gateway is bringing that to the north coast,” McHugh said.

The plebiscite has raised tensions between the District of Kitimat and the nearby Haisla First Nation, which adamantly opposed to Northern Gateway.

Haisla anger

Haisla chief counsellor Ellis Ross wrote a scathing letter to local media, saying, in part:

Deciding to hold a referendum at this late date is a slap in the face to all the work done by the Haisla Nation on this project. The Haisla Nation dedicated time and money toward testing Northern Gateway’s evidence and claims about safety and environmental protection, while the District stood by and did nothing.

The review process for this project has already left town, with the District taking no position on the project. Still undecided on what its views are on the project, the District now proposes to conduct a poll, instead of examining the facts in the JRP process. A poll to vote on a JRP report that we view as wrong to begin with including the flawed process itself!

On Sunday, the Haisla Senior Women were playing the Prince Rupert Thunder in finals of the annual Kitimat Open Basketball Tournament which has the aim of promoting “Cultural Warming” among everyone living in northwestern BC. At half time, members of the Haisla Nation distributed black T-shirts labelled with “No Enbridge” to spectators in the bleachers. After the Haisla won the game, 67 to 45, as Kitimat mayor Joanne Monaghan was called on to congratulate the winners, she was greeted by chants of “No Enbridge, No Enbridge.”

At Tuesday’s Open House, one of the audience asked Enbridge officials, including Janet Holder, “Why are you ignoring the Haisla?”

Donny van Dyke responded, “We are actively working to strengthen that relationship….” Then when the questioner persisted, van Dyke said, “With this question perhaps it’s better to take it offline.” Then he asked, “Are there any other questions?”

Special meeting

Monaghan has said the council will wait for the outcome before taking a stand. District Council has called a special meeting on Monday night to consider the results of the plebiscite.

For years the District of Kitimat has been officially neutral but voting over the past years shows that council is evenly split on Enbridge issues with swing votes sometimes going one way and sometimes another on what are often four to three votes.

The federal cabinet has until mid-June, 180 days after the release of the Joint Review decision to approve the panel’s findings. It is expected by most observers that Prime Minister Stephen Harper will give the go ahead. That doesn’t mean the project will start immediately, the Joint Review findings already face about a dozen court challenges from First Nations and environmental groups.

Minchin said Saturday’s non-binding plebiscite “is not going to affect the Prime Minister’s decision per se. But it’s very important for Enbridge to squeak out a win here in Kitimat. It’s just my feeling that this proposal is associated with way too many risks for very little gain.

“If it comes back as a ‘no’ from Kitimat, it’s a clear signal back to Ottawa that they really need to rethink their priorities. For the amount of bitumen that would be coming here and exported as a raw product’ that same amount of bitumen would provide a couple of thousand direct jobs in Alberta. It seems crazy to be shipping off all our raw resources without any upgrading, it’s like raw log exports.”

Enbridge Vice President Janet Holder, speaking at the Open House said, “This is not a pie in the sky type project, it is real, we do have the shippers behind us, we have First Nations behind us.”

Outreach continues

No matter what happens Saturday, both sides will continue to push their positions.

Holder said she would not speculate on the outcome of the plebiscite, “We’re going to communities throughout British Columbia, talking to citizens, providing the information, listening to their concerns. We’re just continuing with that outreach and we’ll continue with that outreach over the next year.”

How Kitimat voters cast their ballots depends on factors that go beyond the simple environment versus economy and jobs argument, so the outcome of Saturday’s plebiscite is far from certain.

In 2010, West Fraser’s Eurocan paper mill closed, with the loss of 500 jobs, a devastating blow to Kitimat’s economy. The Eurocan closure, the earlier closure of a Methanex plant and cutbacks at the Rio Tinto Alcan smelter and the abandonment of mills and mine across the northwest in recent years have left many people skeptical of corporate promises of jobs. Others believe the Northern Gateway project, along with proposed Liquefied Natural Gas projects in Kitimat and Prince Rupert will bring a much needed boost to a struggling economy.

Even though Kitimat has been an industrial town since the aluminum smelter was built in the 1950s, most residents fish in the Kitimat River, boat on Douglas Channel and hike or hunt in the back country, which means environmental concerns are always high on the agenda. There are fears even among some supporters of Northern Gateway of an environmental disaster.
Northern Gateway, which has admitted that its relations with northern communities started off badly in the early stages of the project, has a lot of catching up to do, no matter what the outcome of the plebiscite.

Nathan Cullen, NDP MP for Skeena Bulkley Valley and Opposition Finance Critic came to Kitimat last week to assist Douglas Channel Watch with its door-to-door campaign. “There will be PhDs written on how Enbridge blundered this,” Cullen told reporters at the time.

(Spelling of van Dyk was corrected. We regret the error)

Rio Tinto donates $19 million Pebble Mine stake to charity: Financial Times

Britain’s Financial Times is reporting that Rio Tinto has donated its stake in Alaska’s controversial Pebble Mine to two Alaska charities, one run by a local First Nation.

Rio Tinto donates Alaska copper mine stake to charities (registration/subscription required)

Rio Tinto had a 19 per cent stake in Northern Dynasty, a Vancouver-based mining company whose main asset is the Pebble project in Alaska.

The FT reports that Pebble is one of the world’s largest known undeveloped copper resources. The project is mired in disagreement because of concern over its potential effect on salmon stocks.

The FT report says the US Environmental Protection Agency said that it would investigate whether fisheries in the region could be protected. The EPA investigation stops any award of environmental permits for the mine in the meantime, and could lead to a permanent block on the project by the EPA.

According to the report, Rio Tinto said it would donate its shares in Northern Dynasty – worth about $19 million Canadian – to two charitable foundations in Alaska: the Alaska Community Foundation, which funds educational and vocational training, and the Bristol Bay Native Corporation Education Foundation, which supports educational and cultural programmes in the region.

The Pebble Mine would be near rich salmon rivers which flow into Bristol Bay, Alaska. Opponents of the project fear that the giant mine would irreversibly damage salmon stocks for centuries to come.

BC releases special report on LNG jobs and training

The BC Ministry of Jobs, Tourism and Skills Training today released a special report on the job prospects for the LNG industry and the policies needed on training, job mobility and use of temporary foreign workers.

A news release says:

Premier Christy Clark today accepted all recommendations in ‘The Premier’s Liquefied Natural Gas Working Group: Final Report’ as a road map to making sure British Columbia has the skilled labour force it needs to seize the opportunity of liquefied natural gas.

The report, produced by representatives of government, LNG proponents, organized labour, and the Haisla Nation, maps out 15 recommendations on planning, skills training, marketing and developing best practices within the LNG sector to attract a mobile workforce.

“To bring home the opportunity presented by LNG, we have to work together — government, industry, First Nations and labour,” said Premier Clark. “Everyone here today is working toward the same goal – making sure British Columbians benefit from this generational opportunity.”

Premier Clark called together the working group after her first meeting with representatives of organized labour in September 2013. At that historic meeting it was agreed that all parties would to work together to map out how they could work together to solve some of the complex challenges associated with the LNG opportunity.

“I want to thank the Premier for setting up the working group. I also want to thank the representatives of the Haisla Nation, industry, labour and government as it has been quite a process to come to agreement on the recommendations,” said Jim Sinclair, president of the BC Federation of Labour. “We were able to get beyond our differences by keeping our focus on what B.C. workers need to take advantage of the potential that lies in LNG. Now we have to ensure that the 15 recommendations are implemented. This investment in the workers of British Columbia will lead to good jobs. As we know, good jobs build a better B.C.”

The report includes one recommendation on developing a working group moving forward, four recommendations on skills training planning and implementation, two recommendations on marketing and promotions, three recommendations on apprenticeship trades and mentoring, two recommendations on a mobile workforce, one recommendation on timelines and two recommendations on the use of workers from other jurisdictions. The recommendations will be reflected in the 10-year skills training plan that will be released soon.

“Premier Clark recognized early the need for LNG workforce development in collaboration with industry, labour, and government,” said David Keane, vice president, policy and corporate affairs for BG Canada’s Prince Rupert LNG project. “Skills training is critical to ensure citizens of the province might realize the full economic benefits of LNG.”

From the report…..

Top 10 Construction-
Related Jobs with the
Greatest Demand

1.Steamfitters &
pipefitters
2.Construction traders
helpers & labourers
(including riggers)
3.Welders
4.Concrete finishers
5.Heavy equipment
operators
6.Carpenters
7.Truck drivers
8.Purchasing agents &
officers
9.Gas fitters
10.Crane operators

Read the full report

LNG_Final_Report