Joint Review Panel | Northwest Coast Energy News

Analysis: The Murdoch inquiry’s lessons for the Northern Gateway Joint Review Panel

The members of the Northern Gateway Joint Review panel and Stephen Harper’s cabinet, especially Natural Resources Minister Joe Oliver, should take a lesson from the Mother of Parliaments at Westminster and today’s parliamentary debate on the Leveson inquiry into the phone hacking scandal centered around Rupert Murdoch’s News International.

Fortunately for the United Kingdom, by and large, the House of Commons there still features rigorous debate by (mostly) intelligent Members of Parliament, unlike the current Parliament in Ottawa, where it appears that the members on the government benches are not even the “trained seals” they used to be, but mindless robots reading scripts prepared by operatives in the prime minister’s office.

(Although as the honourable Speaker at Westminster observed today, like Ottawa, debate can get out of hand at times. “Whatever strong views Members hold on this subject—as on many others—let me just remind them of the importance… of moderation in the use of language in this House. )

So what is the connection between Rupert Murdoch and the Northern Gateway Joint Review Panel? Simple. The debate in the UK House of Commons on Wednesday, April 25, 2012, was all about inappropriate political interference in a “quasi-judicial” proceeding.

In the case of the UK, we’re talking about inappropriate political interference in Rupert Murdoch’s application to own all of the the satellite broadcaster, BSkyB.

In Canada, we’re talking about the ongoing interference by Stephen Harper and Joe Oliver and other members of the Conservative cabinet in the proceedings of the Northern Gateway Joint Review Panel, which is also a quasi-judicial proceeding and should be independent of the government and should hear all sides of a debate, and come to a fair recommendation for the government.

Yet it is increasingly obvious, that up until now, the Joint Review Process is pre-determined to find the Enbridge Northern Gateway Pipeline in the “national interest” and even if the Joint Review Panel puts a large number of environmental restrictions and conditions on the pipeline, it is highly likely that the Harper cabinet will overrule those conditions. If the members and staff of the JRP read today’s UK Hansard, (See note on links below) perhaps it will give them some motivation and backbone to come up with an independent ruling and recommendation or if they can’t, they should do the honourable thing and resign.

So what happened in the UK? Yesterday’s testimony at the phone hacking inquiry by Lord Justice Brian Levenson showed that the UK Culture Secretary Jeremy Hunt had a series of meetings in the United States with News International executives prior to the Murdoch announcement that company was going to bid for full control of BSkyB. A special assistant to Hunt, a man named Adam Smith, also had meetings with News International officials and exchanged alleged “back channel” information. Smith has resigned. Hunt, for now, remains UK cultural secretary, with the Opposition demanding his head (not on London Bridge as a few centuries ago, just his resignation)

In a statement to the Commons, Hunt said

As part of this process, my officials and I have engaged with News Corporation and its representatives, as well as other interested parties—both supporters and opponents of the merger. Transcripts of conversations and texts published yesterday between my special adviser, Adam Smith, and a News Corporation representative have been alleged to indicate that there was a back channel through which News Corporation was able to influence my decisions. That is categorically not the case—[Interruption.]
Mr Speaker:
Order. The House must calm down a bit. The statement must be heard. There will be a full opportunity for questioning of the Secretary of State, as he would expect. Whether he expects it or not, that is what will happen. That is right and proper, but it is also right and proper that the statement should be heard with courtesy.
Mr Hunt:
However, the volume and tone of those communications were clearly not appropriate in a quasi-judicial process, and today Adam Smith has resigned as my special adviser. Although he accepts that he overstepped the mark on this occasion, I want to set on record that I believe that he did so unintentionally and did not believe that he was doing anything more than giving advice on process. I believe him to be someone of integrity and decency, and it is a matter of huge regret to me that this has happened.

So the volume and tone of communications between News International and the minister responsible for looking over the BskyB bid were “not appropriate.”

Here in Canada, Enbridge has been lobbying the Conservative government for years to tilt the process in their favour. As exposed by reporting by both PostMedia News and Canadian Press, Enbridge lobbying occurred just before the government pulled out of the PNCIMA– the Pacific North Coast Integrated Management Area, which was to safeguard the environment of the Pacific coast of BC.

At the same time the government continues to attack the other side, the environmentalists, as “radicals.” Hardly a fair approach.

Just today, Post Media News pointed to a report from the lobbying commission of a meeting between Enbridge and Fred Nott, chief of staff for the Minister of Fisheries and Oceans, and Pat Daniel, outgoing CEO of Enbridge, on Dec. 8, 2011 and now we have changes to the Fisheries Act that are clearly in Enbridge’s favour.

Back to the Mother of Parliaments. In response to Hunt, Harriet Harman of the Labour Party talked about ministers making up their minds on a major economic issue before a report is finished.

Everyone recognises that the £8 billion News Corp bid for BSkyB was of huge commercial importance and that it had profound implications for newspapers and for all of broadcasting, including the BBC. The Business Secretary had been stripped of his responsibility for deciding on the bid because he had already made up his mind against it, but the Culture Secretary too had made up his mind, in favour of the bid, so how could he have thought it proper to take on that decision? Of course he could take advice, but the decision as to whether he should do it, and could do it fairly, was a matter for him and him alone.

The Secretary of State took on the responsibility, and assured the House that he would be acting in a quasi-judicial role, like a judge, and that he would be transparent, impartial and fair. However, is it not the case that James Murdoch was receiving information in advance about what the Secretary of State was going to do and what he was going to say—information that was given to only one side, which had not been given to those who were opposed to the bid, and before it was given to this House…

When it comes to the transparency that the Secretary of State promised, there appears to have been a great deal of transparency for Murdoch, but precious little for opponents of the bid or for this House. If, as suggested on the right hon. Gentleman’s behalf in the media, he was negotiating with Murdoch, why did he not tell the opponents of the bid and why did he not tell the House? Will he tell us now whether he believed himself to have been negotiating? Is that what was going on?

Chris Bryant, Labour member for Rhondda, could perhaps give the Canadian House of Commons, or at least the Canadian Conservative members, a lesson in the meaning of “quasi-judicial.”

Chris Bryant
Every councillor in the land knows what “quasi-judicial” means. They know that it means that if they are on the planning committee, they cannot tip the wink to anybody on one side or the other, and that they have to be cleaner than clean, whiter than white.

In the United Kingdom, as in Canadian Parliament, the underlinings take the fall for the Minister, but in a quote widely reprinted in the media today, one honourable member from the UK objecting to the minister’s action put it much better than anyone in Canada.

Mr Dennis Skinner (Bolsover) (Lab):
The Culture Secretary’s adviser has now lost his job. Does that not prove the theory that when posh boys are in trouble, they sack the servants? Why doesn’t the Secretary of State do the decent thing: tell dodgy Dave and Gideon, and get out and resign?
Mr Hunt:
Adam Smith’s resignation is a matter of huge regret to me. I believe him to be a person of integrity and decency, but my responsibility to this House is to the integrity of this process—the objectivity and impartiality with which this process was conducted—and I believe I have presented evidence to the House that demonstrates that I behaved in a judiciously impartial way throughout.

One other key difference between the House of Commons in Ottawa and the House of Commons at Westminster is that the Speaker actually tries to get ministers to answer the questions put to them by the Oppositon and also comes down hard on irrelevancies.

Mr Speaker:
Order. The hon. Gentleman is asking a question that is completely irrelevant to the terms of the statement. [Interruption.] It is simply not relevant. The hon. Gentleman should go and do his homework.

Jeremy Hunt asked to testify before the Leveson inquiry to tell his side of the story, so to be fair, until he has completed his testimony, the public will not know all that transpired between the Murdoch’s News International and the Conservative government in the UK.

It also should be noted that Hunt had a dual role, both as a cabinet minister and the quasi-judicial action of deciding on the BskyB application, which certainly seems to be a conflict of interest, while the Joint Review Panel is made up of three nominally independent individuals.

However, the fact remains, that statements from Stephen Harper, Joe Oliver and Peter Kent, with their open support for the Enbridge Northern Gatway pipeline while the JRP proceedings continue, are in the words of a much more honourable member than they are: “the volume and tone of those communications were clearly not appropriate in a quasi-judicial process.”

This also means that Canadians, especially the people of British Columbia, and the national media, should, from now on, be paying closer attention to the Leveson Inquiry. As of this week, the inquiry goes beyond the Shakespearean nature of the Murdoch clan, the titillation of the scandal of hacking the phones of Royals, celebrities, footballers and murder victims, not to mention the excesses of the British tabloids. Political interference in supposedly independent quasi-judicial proceedings is a threat to the checks and balances of any democracy and we should watch the testimony in London and be on guard for the future of Canada’s already shaky democracy.

Hansard Links

I have taken the debate from Today’s Debates. It does not yet appear on the main menu

After April 25, you can search UK debates by date

Official site: Leveson Inquiry Culture, Practice and Ethics of the Press

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Government move has “utterly destroyed” JRP, no excuse to wait for final report on Gateway, Cullen says

MP Nathan Cullen makes a point during an NDP leadership campaign stop in Kitimat, Nov. 11. 2011 (Robin Rowland/Northwest Coast Energy News)

The Northern Gateway Joint Review process has been “utterly destroyed” by the Conservative government, Skeena Bulkley Valley NDP MP Nathan Cullen told reporters Friday, April 20, adding a warning those who were waiting for the JRP to complete its hearings before making up their minds, “all those people like the premier and others who said there’s a good process in place, that excuse has been ripped away.”

Earlier that week, Natural Resources Minister Joe Oliver announced that the government that would introduce legislation to “streamline” the review process for major resource developments that would include such provisions as limiting the time and the number of participants and allowing the cabinet to overrule any decision or recommendation from the National Energy Board.

Cullen, who was just named Opposition House Leader, was holding his regular conference call with northwest BC reporters.

He called the changes proposed by the Conservative government for environmental assessment, ”brutal,” adding, “the already weakened rules have become fundamentally more weak.” He said it seems that the government is going to further weaken the role of the Department of Fisheries and Oceans in checking environmental impacts.

The bill, which has yet to be tabled in the Commons, will download federal responsibility for the environment to the provinces, which Cullen said could be subject to a constitutional challenge.

On the controversial Enbridge Northern Gateway project, which would see twin bitumen and condensate pipelines from Alberta to Kitimat, Cullen said, while the government’s Northern Gateway policy was not mentioned in the news conference or briefing documents, it was buried deep on the website and that indicated “it will not be up to the NEB anymore, they will retroactively apply these new rules it will now become a purely political decision. The prime minister, with all his wisdom, is going to make the final decision on the pipeline, totally undermining the process we are in now across the region.”

(The key bureaucratic phrase actually reads: “Establish clearer accountability for decisions on major pipeline projects in the national interest by giving government authority to make the “go/no go” decisions, based on the recommendations of the National Energy Board.” )

Cullen said he is already hearing that people in the northwest are frustrated and angry by the announcement. “They feel that they’ve been duped and the credibility of the panel has been destroyed by this government. And so all those people like the premier, who said the process was what they were waiting for, that process has now been utterly, utterly, destroyed.”

Cullen was inferring any decision to support or oppose the pipeline is now back in the courts of BC Premier Christy Clark and groups like District of Kitimat Council and Terrace Chamber of Commerce who have, up until now, remained neutral, waiting for the final report from the Joint Review Panel.

The Terrace Chamber of Commerce, for example, said:

We want the objective panel of experts to assess the concerns of affected parties and contrast them with procedures and equipment being positioned to mitigate any and all perceived risks. It is important that all voices are heard and all questions are asked and answered.

“The process was always threatened, a lot of people suspected that Stephen Harper would not accept a ‘no’ when it comes to this pipeline and now that’s been made explicit. And all those people like the premier and others who said there’s a good process in place that excuse has been ripped away,” Cullen said.

Cullen said he believes that people should still participate in the hearings but the panel now has to justify its existence.

“At the same time.“ Cullen said, “the government has shut down the oil response group in Vancouver and moved it 5,000 kilometres to Quebec, they’ve cut funding on our ability to protect the coast, even after the auditor general has pointed out that the current ability to protect our waters is lacking, so it looks that they are going to do everything and anything to approve this pipeline and put at risk so much of what we care about. It’s a shame but I don’t think it will lessen the resolve of people.”

Cullen called Joe Oliver’s statement that there would be more money for enforcement of environmental regulations a “shell game.”

“They cut they cut $80 million and put back $13 million and tried to pretend that’s an increase.
There is less protection for our ocean environment. At the same time, they’re pushing two major pipelines to the west coast and increasing the risk dramatically. Shutting down the operations in Vancouver, while trying to put a pipeline right into Vancouver, smacks of some sort of hypocrisy or arrogance. I mean they’re claiming budget cuts, but the prime minister is spending more on is own office, and they’re not making a single dollar cut to the F-35, which are in the billions. It’s peanuts they’re pretending to save here and it’s putting very important things at risk in our oceans.”

He expects the bill changing the rules for resource development to be introduced next week. But, Cullen added, that it is clear that government has been planning this for sometime, a fact that further undermines the credibility of the Northern Gateway Joint Review Panel. “What the government has just said is, ‘We simply don’t care. We’ve already made up our minds before hearing any testimony.’ I think they’ve made up their minds in advance of this but now it’s obvious that it was always true. You don’t put legislation like this together in a week. The bill that they are going to introduce and the press conference they had last weekend were months in the making. I know how Ottawa works. This has been around for a long time and they knew this for a long time. It’s entirely cynical.”

He expects the government will try and ram the legislation through the House and one of his jobs as NDP and Opposition House leader will be to slow it down.

“I think the very cynical anti-democratic move by the government is only going to increase the number of Canadians that will be opposed to this. So getting the message out specifically, getting people rallied around this cause and letting the government know they’re not going to steamroll us…. Continuing to try to bully us into submission is about the dumbest tactic imaginable, but I guess that’s the only one available to them. If the only tool you have the toolbox is a hammer, I guess every problem is a nail.

“Fundamentally this is a question of trust, do we trust that this government will protect the environment when it comes to oil and gas projects? And I can’t imagine an oil pipeline that Steven Harper doesn’t love. Maybe if the project went right through his living room, he may have some questions about it, but outside of that, there isn’t been a single thing that the oil industry has wanted from this government that they haven’t got, not one thing. So do you trust them to protect fisheries, do you expect them to protect us from oil spills? The answer has got to be no.”

Hundreds protest in Victoria to stop the Northern Gateway pipeline and to protect “Mother Earth”

Anti-Enbridge protest in Victoria, April 12, 2012 — Hundreds of protesters march down Douglas Street in Victoria, BC, Sunday, April 12, 2012. The Day of Action Against the Enbridge Northern Gateway pipeline, also had a larger aim, organizers said, to protect Mother Earth. (Robin Rowland/Northwest Coast Energy News)

About a thousand people gathered in front of the British Columbia legislature on Sunday, April 12, 2012, for the Day of Action Against the Northern Gateway pipeline. But unlike protests, marches and gatherings here in the northwest of British Columbia, which are often tightly focused on the controversial pipeline and the associated tanker traffic and the potential dangers to northwestern BC, the protests in Victoria had a wider focus. Speakers on the steps of the legislature spoke, not only of stopping the pipeline and protecting the coast against tanker spills, but also of protecting “Mother Earth” and the wider BC environment.

The speeches on the steps of the legislature began with a group of children from the Oak and Orca Bioregional School in Victoria, who spoke of their fears for the future of the planet.

Lisa MerCure, who spent years searching for First Nations roots, only to discover her Cree family lives in Fort Chipewyan in Northeastern Alberta and are suffering from cancer. She spoke of the dangers from the bitumen sands development, from the tailing ponds and the effluent in the Athabaska River.

Other First Nations speakers spoke of the dangers to the rivers and coast of northern BC.

The recent announcement that Kinder Morgan would greatly increase the capacity of its pipeline from Alberta to the Vancouver area added new impetus to the protest.

After the rally at the legislature, the protesters marched along Douglas Street to Centennial Park for an afternoon of workshops.

Slideshow “Our Coast Our Decision” Signs of Protest

Nuxalk First Nation withdraws as Joint Review intervenor, Heiltsuk hearings end with more controversy

The Nuxalk First Nation at Bella Coola has withdrawn from the Enbridge Northern Gateway Joint Review process. Both the hereditary chiefs and elders and the elected council say the federal government “has already predetermined its approval of the project.”

A release from the Nuxalk says their withdrawal “withdrawal is another sign that the federal government is mishandling its relationship with First Nations, including its statements last week that it will change the rules for the Enbridge pipeline hearings retroactively, which is unfair and will likely further compromise the regulatory review.”

“There is no honour in the federal Crown’s approach to consulting with First Nations on the Enbridge project,” says Andrew Andy, the elected Chief of the Nuxalk Nation. “Recent statements make it clear that the Prime Minister has already decided to approve the super-tanker project that would violate First Nations’ Title and Rights and put our coastal waters at risk of a major oil spill.”

The Nuxalk support the decision of other Nations to oppose the process through the Joint Review Panel, but say the review is not being done in good faith and has been undermined by repeated and controversial public statements by the Prime Minister and Natural Resources Minister that suggest a predetermined approval.

“Despite our serious concern about this process, including the lack of any decision-making role for First Nations, we entered the process in good faith,” says Andy. “The government’s disrespectful behaviour these past months makes clear that our good faith is not being returned.”

“How can we participate in a process driven by a government that has labelled us ‘socially dysfunctional’?” says Charlie Nelson, a Hereditary Chief of the Nuxalk Nation, referring to recent controversial statements by Natural Resources Minister Joe Oliver. “Where is the honour in the Crown stating that it’s prepared to violate our constitutionally-protected Title and Rights before the work of gathering information on the scope of infringement is even done?”

The Nuxalk say the Joint Review Panel has no mandate to consult with First Nations, and there has been no clarity provided by the federal government about how it will consult on issues that fall outside of the Joint Review Panel process.

Meanwhile, hearings in Bella Bella ended on Thursday afternoon, with more controversy as they did at when they opened late on Tuesday. Hearings were delayed after a peaceful community demonstration Sunday against the proposed Enbridge project with drumming and singing at the airport. That delay cut one and half days from the hearings and as they ended today, numerous tweets from Bella Bella described how the Joint Review Panel told the Heiltsuk Chief Counsellor Marilyn Slett to “move on” after which some audience members walked out in protest. Later tweets said that a number of speakers were not able to testify and those tweets called that “shameful.” The tweets say that demonstrators followed Joint Review Panel and staff as they left for the Bella Bella airport.

Kitimat council calls on Joint Review Panel, Enbridge to ensure viability of town water supply

District of Kitimat council votes on JRP motion — District of Kitimat Council votes unanimously Apr. 2 to inform the Joint Review Panel about concerns about the town's water supply. (Robin Rowland/Northwest Coast Energy News)

District of Kitimat council voted on Monday, April 2, to ask the Northern Gateway Joint Review Panel to ensure that the town’s water supply is protected if the controversial pipeline is built. A second motion called on Enbridge to give the district a detailed and public presentation on its provisions to protect the water supply in the case of a pipeline breach along the Kitimat River.

That second motion was passed after a motion from Councillor Phil Germuth holding Enbridge responsible for any disruption to the water supply was defeated by a vote of 4-3. However, council’s new motion did not preclude Germuth asking Enbridge his original questions about liability.

Germuth had presented council with the two original motions, after a presentation in March
by Douglas Channel Watch about the dangers avalanches could present to the Enbridge twin pipelines along the Kitimat River watershed.

The first motion called on the District of Kitimat to present a written position to the Joint Review Panel based on the district’s status as a government participant emphasizing the potential dangers to the water supply and noting that the mayor and council are “legally responsible to make every effort to ensure the city of Kitimat’s water supply is uninterrupted and of the highest quality.”

Councillor Phil Germuth (Robin Rowland/Northwest Coast Energy News)

After introducing the motion, Germuth said he believed the motion went along with council’s position to remain neutral because nothing in the motion took a position for or against the project.
Councillor Mario Feldhoff said he supported the motion without supporting all the details of Germuth’s full statement, a indication of the more intense debate to come over the second motion.

Mary Murphy also supported the motion, pointing to the potential problems of “transporting hydrocarbons” by both tanker and pipeline.

Mayor Joanne Monaghan said she had a problem with the motion because had earlier passed a motion saying it would wait to take a position until after the Joint Review Panel had reported.

Councillor Corinne Scott said she would speak for the motion, agreeing that this was a request for information and not saying council was for or against the project, adding “we are all concerned about the potential of what could happen to our water supply.”

Read Councillor Phil Germuth’s motions (pdf)

Feldhoff agreed that a letter to the JRP was not taking a position, adding, that on receipt of a letter the Joint Review Panel should take a very serious look at the issue of the water supply of Kitimat. Monaghan agreed but said if the council was to write the letter that it be accurate.

Feldhoff then proposed a friendly amendment calling on District staff to write a draft letter to the Joint Review Panel that council could then examine and agree to.

With the amendment, the motion passed unanimously.

Germuth’s second motion was more contentious, calling on Enbridge to provide detailed plans for ensuring the quality of water for the District of Kitimat and accepting “full liability” for the restoration of the Kitimat’s “entire water system” in case of a pipeline breach. Although some councilors had reservations about Germuth’s list of items, they agreed that Enbridge be called to meet council “face to face,” as Monaghan put it, by responding in person rather than by letter.

Enbridge had already responded to the motion from the previous meeting, calling on it to respond to the concerns raised by Douglas Channel Watch about the possibility of avalanche danger in the Nimbus Mountain area.

In an e-mail to council, Michele Perrett of Enbridge maintained that most of the issue had been addressed by Enbridge in either its original filing with the Joint Review Panel or by subsequent responses to information requests to the JRP, adding

Specifically we have filed geotechnical studies and responded to information requests that include information on avalanches, rock fall, glaciomarine clay slides, debris flows and avulsion in the Kitimat area and have reviewed information filed on this subject by intervenors.

The e-mail said that Drum Cavers, a geotechnical specialist would be making a presentation to council on Monday, April 16.

Enbridge e-mail to District of Kitimat Council (pdf)

Monaghan noted that Douglas Channel Watch and other groups are limited by council policy to 10 minutes and that Murray Minchin had told council that to be fair, Enbridge’s response should also be limited to 10 minutes. Council agreed that the 10 minute limit is needed to make sure that council meetings finish on time and there was some discussion of allowing Enbridge to make a more lengthy presentation outside of a regular council meeting. That would allow Enbridge to not only respond to the earlier concerns about the Nimbus Mountain avalanche danger but also to the concerns about the town’s water supply.

Some members of council, led by Feldhoff, also expressed reservations about the seven points raised by Germuth; others wanted to possibly add their own concerns to any questions for Enbridge. Feldhoff was not prepared to vote for the original motion without more information.

Feldhoff then asked that the district administration prepare a report on the water supply, saying “I think the concerns may be somewhat overstated at the moment.” Councillor Rob Goffinet also called for a report from district staff on the “ramifications for our water supply,” adding that council should not “engage with Enbridge” until that report was ready.

Germuth’s motion, with all of the original questions, along with the invitation for Enbridge to make a public presentation, was then defeated by a vote of 4-3.

Councillor Scott then moved as part of the presentation that Enbridge was earlier invited to present that water issues be added to the list and that council draft a list of questions for the company, that could include Germuth’s original questions.

Germuth asked if the council could put a time limit on Enbridge’s response because the federal budget calls for limiting to the Joint Review Panel. Feldhoff responded that the new motion concerned council’s concerns just with Enbridge and that council should be respectful of Enbridge and hopefully the company could integrate those questions as well.

Goffinet said he wanted Enbridge to know all of the district’s concerns and so, in effect, this motion would get what Councillor Germuth wanted but by a different route, adding that if Cavers, Enbridge’s geotechnical expert, was unable to answer the question, Enbridge would be asked to return and answer the questions at a later date at a public meeting.

That motion passed unanimously.

Update:

Mary Murphy clarified her remarks in an e-mail by saying

I stated I had concerns with all hydro carbons transported along the river coastline…like CN Rail and transporting hydro carbons and the likelihood of a derailment etc, andhow that would also effect our waters. CN Rail is and has been transporting hydro carbons, etc for some time, and have had severe derailments.

JRP hearings to resume in Bella Bella Tuesday, Heiltsuk group says

A notice posted on the Heiltsuk Oppose Heiltsuk Oppose Oil Pipelines and Super Oil Tankers Facebook page says the Joint Review Hearings will resume at Bella Bella on Tuesday.

The notice, posted about 4 p.m. Pacific says

As you may have already heard, the JRP has since cancelled our first day of hearings that were supposed to start today, Monday, April 2nd, 2012, due to reason unknown!

We have since received notice that the hearings will commence at 1:00 p.m. Tuesday, April 3rd, 2012. However, we are not sure whether or not the time will be made up to allow all our Heiltsuk Warriors (Witnesses) to present their evidence. Stay tuned for more details!

The Joint Review hearings were cancelled for Monday due to security concerns after the panel members and staff were met by protoestors at Bella Bella airport on Sunday.

Members of the Joint Review Panel met with Heiltsuk elders and leaders during the day to come to an agreement for resumption of the hearings.

So far there has been no confirmation of the resumption of hearings from the Joint Review staff.

Kitimat Council invites Enbridge to respond to avalanche worries

District of Kitimat Council voted unanimously Monday, March 19, 2012, to invite Enbridge to make a presentation to council about the concerns about avalanches along the Northern Gateway pipeline route that could threaten the town’s drinking water.

Two weeks earlier Murray Minchin of Douglas Channel Watch gave a detailed presentation that he said showed evidence of major avalanches in the past on the bitumen and condensate pipelines route. Minchin said at the time a major avalanche could breach the diluted bitumen pipeline and quickly threaten Kitimat’s drinking water.

At the time, Minchin asked that council sponsor a new public forum that would include representatives from Enbridge, the Haisla First Nation and an environmental group.

However, Monday’s motion from Councillor Mario Feldhoff read:

That we invite Enbridge to make a presentation to Council addressing issues raised by Douglas Channel Watch in Mr Minchin’s March 5, 2012, presentation to Council entitled Nimbus Mountain area.

The motion was quickly carried with almost no discussion.

The water supply problem is worrying some members of council. Councillor Phil Germuth said that in the future he will be introducing a motion that will call attention to worries that, in case of a pipeline breach, that Kitimat would not have a water supply for months or even years.

At the opening of the meeting, Veronica Bilash, of Douglas Channel Watch, gave a presentation, based on information from West Coast Environmental Law on the responsibilities of municipalities when it comes to the proposed pipeline and presentations to the Northern Gateway Joint Review process.

Bilash criticized council for not participating in the Joint Review panel.

Administrator Ron Poole said Kitimat is an intervenor in the process, but, so far, Kitimat has not formally taken part in the Joint Review. Kitimat is actually listed as a “government participant.” The district has not filed any documents with the JRP.

Veronica Bilash speaks to Kitimat Counci about municipal responsibilities. (Robin Rowland/Northwest Coast Energy News)

The council has voted to remain neutral and not take any position until the JRP has issued its report. Bilash said that this position is preventing Kitimat from making any views based on municipal responsibilities until it is too late.

In the presentation, written by West Coast Environmental Law staff lawyer, Josh Patterson, points out that municipal governments have responsibility for

human occupancy and resource use, social and cultural well-being, health, infrastructure and services, and employment and the economy
infrastructure and services for construction-related traffic and transient population
Patterson noted that local governments will bear the burden “for any emergency response and clean-up and lasting economic, employment, health, environmental and social impacts form a potential large oil spill.”

Bilash said that Kitimat would face major impacts in these areas and that by remaining neutral, council was not facing its responsibilities.

Kitimat Council to consider new Enbridge forum after warning about avalanches on pipeline route

Angus McLeod and Margaret Stenson, members of the environmental group Douglas Channel Watch, wear "ocean blue" scarves at a meeting of the District of Kitimat Council, March 5, 2012. The "ocean blue" scarves represent the group's determination to protect the oceans. (Robin Rowland/Northwest Coast Energy News)

District of Kitimat Council will consider a motion at its next meeting on March 19 to hold a second community forum on the controversial Enbridge Northern Gateway pipeline.

The notice of motion was introduced by Councillor Mario Feldhoff after a request for a new forum by the environmental group Douglas Channel Watch.

Murray Minchin called for the forum after a presentation to council about the avalanche dangers at Nimbus Mountain, where Enbridge plans a tunnel through the mountain.

Minchin said Enbridge has not done a forest survey on Nimbus Mountain where the pipeline would emerge from the tunnel. However, a survey by Douglas Channel Watch members of tree growth on Nimbus Mountain, Hoult Creek on the pipeline route and Hunter Creek which are tributaries of the Kitimat River, shows strong evidence of previous avalanches which could cause serious damage to the twin bitumen and condensate pipelines.

Minchin says that documentation filed by Enbridge with the Joint Review Panel shows that while an Enbridge response crew could reach a breached pipeline in that area in four hours, it would also take four hours for as much as two million litres of diluted bitumen spilled in that area to reach the Kitimat River estuary.

The lower slopes in the area have a large population of young, small, closely packed trees and lumpy rock material on the forest floor that show that it is periodically “swept clean by avalanches,” Minchin told the council.

The young trees in the area are small because they are growing on rockfall, and there are no mature trees. There are large boulders on the lower slopes, another indication of avalanche or rock fall, Minchin said.

He showed images of middle aged hemlocks farther up the slope near the proposed tunnel exit that sometime in the past had their tops ripped off. Damage to the spreading branches of the trees on one side indicate that the trees were hit by an avalanche when they were young.

There is evidence of a major rockfall on the mountain about 50 metres above the proposed tunnel exit with rock fall material clearly visible on the forest floor. The curve of the hemlocks in the area indicate that there is still downhill movement on the slope, Minchin said.

That means, he said, that with the plans calling for the twin pipelines to be suspended 200 metres in the air over Hoult Creek, that could be hit by an avalanche.

He said the presence throughout the area of “avalanche alders” combined with the fact that there are no hemlocks, is an indication, Michin said, of regular avalanche activity.

Giant boulder brought to Houlte Creek by an avalanche — This photograph from Douglas Channel Watch shows a giant boulder and a fallen hemlock in area close to the proposed Enbridge Northern Gateway pipeline at Houlte Creek, BC. (Douglas Channel Watch)

He showed a photo of a large boulder, perhaps the size of a carport, 100 metres from the proposed tunnel exit that was brought to the area by an avalanche.

He said a study of the age of young balsam would tell an expert when the last massive avalanche occurred “but it won’t tell us when the next one will occur.” The steep slopes on Mount Houlte, leading to the pipeline route along Houtle creek mean that area which feeds the Kitimat River has seen many avalanches in the past.

The pipeline then goes into the Hunter Creek area, which Minchin says, Enbridge’s own experts have warned is also vulnerable to avalanches. At Hunter Creek, avalanche debris could temporarily dam the creek, and then, when the debris is released by spring melt or water pressure, that could a create a flash flood; a flash flood that could damage the pipelines.

He pointed to the fact the cleanup of the Kalamazoo River spill in Michigan had been shut down for the winter because the bitumen becomes too sticky to move. He then asked how much longer would it take to clean up a spill under the winter conditions of the Kitimat area. Noting that Enbridge has admitted the Kitimat river would be closed for fishing for “at least four years” he asked “How long will the cleanup take…eight twelve? And where would Kitimat get its water?”

Minchin concluded by saying if there is a pipeline breach at Hoult or Hunter Creeks, despite Enbridge’s plans, the Kitimat River downstream from those creeks would be polluted for years.

He then asked that council organize a new public forum, with three representatives, one from the Haisla First Nation, one from Enbridge and one from an environmental group, adding. “The mayor of Dawson Creek has been trotted out at every one of these forums and is irrelevant, which is why we ask that three people speak to the forum.”

Kitimat group launches anti-Enbridge petition/referendum

Danny Nunes, a candidate for mayor of Kitimat in the fall election, together with a group of volunteers, is launching a petition/referendum opposing the Enbridge Northern Gateway pipeline project.

Nunes was a gadfly candidate for Kitimat mayor in the fall election, gaining 85 votes. He is a Kitimat and Terrace based video producer and comedian, also known as Matt Mask.

Nunes pointed to a vote by Kitimat council on January 17, 2012, not to hold any council vote or referendum on the Enbridge project until after the Joint Review Panel has reported, sometime in 2013. In the meantime, Prince Rupert, Terrace and Smithers councils and the Skeena Queen Charlotte Regional District have all had votes opposing the Northern Gateway project.

“If they won’t hold a referendum, I will,” Nunes told Northwest Coast Energy News, referring to the District of Kitimat council.

He plans an old style paper petition, getting signatures by going to events or door to door, making sure that as many signatures as possible can match the voters’ list in the last municipal election. Matching with the voters’ list is one reason why Nunes says he is not going to use an online petition site.

Once he has signatures from all those Kitimat residents who oppose the Northern Gateway project– “we’ll know if the town is opposed or just a small minority” — he plans to present the petition to District of Kitimat Council, probably sometime in April.