Douglas Channel | Northwest Coast Energy News

Douglas Channel in Black and White

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Photogallery. For full screen mode with captions, click on the box to the right of the bottom menu bar.

The long, magnificent fjord known as Douglas Channel was carved by a glacier thousands of years ago, some of the islands are rock uplifted by tectonic forces, others piled up by retreating glaciers.

So far, since I returned to Kitimat, I have had few chances to “go down the Channel,” as the people of Kitimat say.

Of course, when I do go, I always have a camera with me, even in the roughest weather–and the Channel can be rough most of the year.

It is in these waters that the energy industry, both the Enbridge Northern Gateway and the Liquefied Natural Gas projects want to use supertankers to send their products to markets in Asia. Many of the photographers who come to Douglas Channel in high summer choose to capture the brilliant colours of ocean, forest and mountain, as I have on several assignments.

For this gallery, I have chosen to use black and white to show the stark beauty of the mountains, the often menacing seas and the clouds, ever changing, as the westerly winds from the Pacific drive those clouds against the mountains.

Images from this gallery are available for purchase for personal, editorial and commercial use on Photoshelter. Simply click on the image above.

Rolling Stone discovers Northern Gateway controversy, but gets lost on the way to Kitimat

Rolling Stone article on Canadian pipelines — A screen grab of the Rolling Stone article on the Canadian Northern Gateway and Keystone pipelines.

It’s every muscian’s dream to make it On the Cover of the Rolling Stone. (And when Rolling Stone does investigative journalism, every politician’s nightmare).

Now the venerable, storied music mag has discovered the Northern Gateway pipeline, running a story on August 2 on its website and slated to appear in the next dead tree issue on August 16.

The article by Jeff Goodell is a sort of a primer for hip but not yet clued in Americans on the controversies over Canadian pipelines. It features the usual nasty depiction of the bitumen sands with a file photo from the Washington Post via Getty.

But does Kitimat rate a mention in the magazine that has celebrated the Beatles, the Beach Boys, the (original and real) Rolling Stones, Bob Dylan, the Police, Nirvana, Justin Bieber and The Sheepdogs?

Nope. Imagine that, an entire article on the Northern Gateway Pipeline and not one mention of Kitimat. Instead Goddell says:

Canada is pushing for a new route called the Northern Gateway, which would cut through three major watersheds in western Canada and turn the fragile coast of British Columbia into a bustling tanker port.

In one way Kitimat is in good company, for when the band that originated the “Cover” song, Dr. Hook & the Medicine Show, did make Rolling Stone, the magazine cover had “What’s-Their-Names Make the Cover.”

It’s one thing not to get any respect for Kitimat from the Alberta media, but at least Albertans spell Kitimat right (most of the time–although sometimes they get Kitamaat Village wrong). Here in the northwest we’re used to being dissed by Albertans.

Of course, while the entire coast is endangered by increased traffic in supertankers, it’s Kitimat that is the perhaps maybe, perhaps sometime, perhaps inevitable, perhaps never “bustling tanker port.”

So what could Kitimat do to make it up from being ignored on the back pages of Rolling Stone to make it to the famous and proverbial cover?

My first idea was a vision of the District of Kitimat Council forming themselves into a rock band.

Joanne and the…… you can come up with an idea for a name, but I am not sure that would work.

Or maybe if we had a Justin Bieber concert at Riverlodge? That might keep young people from leaving Kitimat at least for a while.

Seriously. We’ve been ignored by Rolling Stone up until now. Now we’re that close to being equal to What’s-Their-Names.

Maybe Kitimat can change that.

So now the people of Kitimat have a new challenge, beyond dealing with Enbridge, the JRP, the province and the feds, beyond spending those long months clearing snow and those brief summer days of fishing, and that challenge is: get Kitimat on the cover of the Rolling Stone.

Province of BC refuses to provide witnesses for Gateway Joint Review hearings

The province of British Columbia has refused requests from some of the intervenors in the Northern Gateway Joint Review to provide witnesses for cross-examination during the final stages of the hearings.

In a letter to the JRP dated on July 20, and posted recently on the JRP website, Christopher Jones, counsel for the province in the hearings says: “I write only to note that the province is an intervnor, not a government participant. Also as the province has not filed evidence, it will not be providing witnesses for cross-examination at the final hearings.”

It was just four days later that Premier Christy Clark and members of her cabinet, in releasing the Liberal government’s five conditions for the Northern Gateway project which called for “Successful completion of the environmental review process.” The provincial government has consistently refused to take part in the proceedings, and with the credibility of the Joint Review process already under question because of the limitations on reviews in Stephen Harper’s Bill C-38, BC’s continued refusal to participate can only further undermine that credibility.

Province of British Columbia Questioning at Final Hearings (pdf)

Christy Clark’s Gateway conditions overturn west coast tanker moratorium, Dix tells reporters

Adrian Dix and Rob Goffinet — BC NDP leader Adrian Dix, right, speaks to Kitimat Councillor Rob Goffinet, left, after a breakfast meeting with District of Kitimat Council members on July 30, 2012. (Robin Rowland/Northwest Coast Energy News)

B.C. premier Christy Clark’s five conditions for the Northern Gateway Pipeline, in effect, overturn the west coast tanker moratorium, NDP and Opposition leader Adrian Dix told reporters in Kitimat, Monday, July 30, 2012.

Dix made the remarks after a breakfast meeting with members of District of Kitimat Council prior to embarking on a three day trip down Douglas Channel and the Inside Passage to see the proposed tanker route for himself.

The second of the five conditions for the pipeline, set out last Monday by Premier Clark calls for:

World-leading marine oil spill response, prevention and recovery systems for B.C.’s coastline and ocean to manage and mitigate the risks and costs of heavy oil pipelines and shipments

“It is an overturning of what’s been a government of BC policy for a long time, which is for a moratorium for super tankers on this part of the coast. That’s not a condition, that’s an overturning,” Dix said in a brief scrum with reporters after the breakfast and before heading to Kitamaat Village to start his boat trip.

“The frustration is that our premier’s position is that we should sell our coast got for money. The premier has a report that says the projects bad for the province, it’s bad for the economy, it’s bad for the environment, that’s the concluson of her report and now she says ‘we’ll forget about that if you give us a few bucks.’

“I don’t think most people agree with that in British Columbia and so what we’ve tried to do is to take a more serious approach. In this case, the province gave up our jurisdiction. If people are concerned about spills and concerned about the environmental impact as the Liberal purport to be, they wouldn’t have handed over the right to decide on environmental assessment fully to the federal government, which, by the way supports, the project.”

The Clark had government had declined to take part in the Northern Gateway Joint Review process and so did not produce any evidence for the panel prior to the filing deadline.

Dix said the Liberal policy on the JRP was, “Like a student who misses a deadline for a term paper, they missed the deadline to produce evidence in the process and now after the debate has gone on, the Premier wants to get into the debate.”

He concluded by saying, “This isn’t about her, it isn’t about me, it’s about the economy and the environment of this province for decades to come. And that’s the approach we’ve [the NDP Opposition] taken.”

The “informal” tanker “moratorium” has been in effect since 1972 and requires oil tankers transiting the west coast to remain fire out to sea and away from Dixon Entrance, Hecate Strait, and the Queen Charlotte Sound.

In 2009, Stephen Harper’s Conservative government said there was no moratorium on tanker traffic on the coast of British Columbia and have maintained that position ever since.

In December 2010, the House of Commons passed a non-binding motion to ban bulk oil tanker traffic in the Dixon Entrance, Hecate Strait and Queen Charlotte Sound.

Dix said he was, “In Kitimat to meet with the community and of course in Kitimat village with the Haisla. Later today he will go “for a trip down where the tankers will go if the Enbridge project succeeds, go down the Channel to Hartley Bay and then over the next couple of days to Bella Bella. Dix said hew as in the northwest to “take note of that in person. I always like to see things for myself, meet with people and hear what they have to say.”

Enbridge files thousands of pages in document dump reply evidence to Northern Gateway JRP

Enbridge Northern Gateway has filed thousands of pages of “reply evidence” to the Northern Gateway Joint Review panel, responding to questions from the panel, from government participants like DFO, and intervenors.

Enbridge also used the filing to issue a news release saying it is adding $500 million in new safety features for its pipeline plans.

Northern Gateway Pipelines Reply_Evidence_ (summary of filings PDF)

Link to 43 item reply filing on JRP website.

In the introduction to the summary of the evidence the JRP asks

Should the fact that Northern Gateway does not respond to all points in a particular intervenor’s evidence or to all intervenor evidence be taken as acceptance by
Northern Gateway of any of the positions of intervenors?

To which Enbridge replies:

No. Northern Gateway does not accept any of the intervenor positions that are contrary tothe Application or additional material filed by Northern Gateway. Some of those positions will be dealt with by Northern Gateway in cross examination and argument rather than reply evidence, and others will simply be left to the JRP to determine on the basis of the filed evidence alone.

The reply covers a multitude of topics including

Economic Need and the Public Interest
Engineering
Avalanche Risk and Groundwater Concerns
Corrosivity of Diluted Bitumen
Improvements Since the Marshall Incident
Geotechnical Concerns
Geohazards Issues
Seismic Design Concerns
Recovery of Biophysical and Human Environment from Oil Spills
Corrosion, Inspection and Maintenance of Oil Tankers
Design and Construction of Oil Tankers
Pilotage

In response to numerous questions about the Marshall, Michigan, oil spill, Enbridge repeats what it said in an e-mail to “community leaders” earlier this week and in this morning’s news release, saying: “Enbridge has made a number of improvements since the Marshall incident.”

As part of the filing Enbridge has also filed an update on its aboriginal engagement program.

There are also detailed and updated reports on the company’s plans for the Kitimat valley region.

Enbridge files upgraded pipeline and marine safety plans with Northern Gateway Joint Review

Enbridge Northern Gateway today issued a news release saying that it has filed “Reply Evidence” to the Northern Gateway Joint Review panel that contains details of further enhancements in pipeline design and operations. Enbridge says the upgrades will add $500 million to the cost of the $5.5 billion project.

Enbridge has also filed updated plans for marine mammal protection.

The Enbridge news release is a summary of a 43-item filing of the reply evidence with the Joint Review Panel covering a vast number of topics from the pipeline projection to the possibility of earthquakes.

Northern Gateway Pipelines Reply_Evidence (summary of filings PDF)

Link to 43 item reply filing on JRP website

Framework for Marine Mammal Protection Plan (pdf)

According to the filing, the Marine Mammal Protection plan includes plans by Enbridge to fund research:

Northern Gateway has committed to funding a Marine Research Chair at a university in British Columbia.

Where it is agreed upon by the Marine Research Chair and Northern Gateway, programs and information from the MMPP will be integrated into research undertaken by the Marine Research Chair. Information from the Marine Research Chair may also be of value to the MMPP.

A spokesman for the University of British Columbia told Northwest Coast Energy News that no one from Enbridge has, so far, approached UBC about a Marine Research Chair. A spokesperson at the University of Victoria also said there had been no contact from Enbridge.

On the pipeline plan, Enbridge says “These extra measures build on the plan in the application presently before federal regulators that already far surpasses industry codes and standards.”

“We recognize that there are concerns among Aboriginal groups and the public around pipeline safety and integrity. We had already planned to build a state-of-the-art project, using the most advanced technology, safety measures and procedures in the industry today,” said Janet Holder, Executive Vice President, Western Access, Enbridge Inc. “With these enhanced measures, we will make what is already a very safe project even safer in order to provide further comfort to people who are concerned about the safety of sensitive habitats in remote areas.”

Enbridge and the Northern Gateway project team have worked hard to ensure this unique project would be built and operated to the highest standards. The measures contained in the Reply Evidence go above and beyond anything that has ever been done before in the industry.

The extra measures include:

Increasing pipeline wall thickness of the oil pipeline
Additional pipeline wall thickness for water crossings such as major tributaries to the Fraser, Skeena and Kitimat Rivers
Increasing the number of remotely-operated isolation valves. This would increase the number of isolation valves in BC by 50%
Increasing frequency of in-line inspection surveys across entire pipeline system by a minimum 50% over and above current standards
Installing dual leak detection systems
Staff pump stations in remote locations on a 24/7 basis for on-site monitoring, heightened security, and rapid response to abnormal conditions
Enbridge expects these extra measures will carry an additional cost of approximately $400 million – $500 million.

“After years of consultation with stakeholders and after personally attending many regulatory hearings for Northern Gateway, it has become clear – we have to do everything we can to ensure confidence in the project,” said Ms. Holder. “We’ve listened. We have often been asked if we could guarantee that we would never have a significant pipeline failure over the years on Northern Gateway. These initiatives will put the project closer than any pipeline system in the world to providing that guarantee.”

Marine Mammal Protection Plan

In the filing, created by Stantec Consulting, Enbridge says the plan will address all marine mammal species that could be directly or indirectly affected the Northern Gateway project, adding: “Attention will be given to species of cultural importance or heightened sensitivity to potential Project effects.”

The filing says Northern Gateway’s “commitment to a focused marine mammal monitoring and survey program is unprecedented for a marine project in Canada.”

It says that monitoring of marine mammals and “additional cooperative research initiatives” will also be of value to other organizations focused on supporting the recovery strategies for species of conservation concern.”

The report adds a caveat:

It is important to note ….it would be impractical to do a complete assessment of more than 30 different marine mammal species. Going forward, monitoring conducted in the CCAA will include additional marine mammal species For example, during marine mammal surveys, sightings of all marine mammal species would be recorded. In some cases, species-specific research initiatives (e.g., for northern resident (NR) killer whales) may also be implemented. Results from marine mammal monitoring surveys and research initiatives are expected to improve the regional understanding of all marine mammal species’ timing and distribution…

The report says the MMPP will include details on such measures as:

• low-noise propulsion systems on purpose built Project-related vessels (e.g., tug escorts and support
vessels for the marine terminal)
• reduced vessel speeds in the CCAA and in the “CCAA approaches”
• attempting to better understand the behavioural responses of NR killer whales to tankers and tugs
• identifying important habitat for NR killer whales and other cetaceans, as well as seasonal use of these habitats
• use of the results of a science-based quantitative vessel–marine mammal strike risk analysis
• to the extent practicable, allowing for tanker route adjustments (taking into account navigational andhuman safety) to avoid sensitive cetacean habitat during important seasonal periods
• undertaking a cooperative research initiative with other participating organizations to determine
potential effects on marine mammals and to develop industry protocols to limit these effects

Enbridge files massive river oil spill study with the Joint Review Panel

Kitimat River map from Enbridge study — A Google Earth satellite map of the Kitimat River used as part of Enbridge Northern Gateway’s oil spill modelling study.

Enbridge Northern Gateway today filed a massive 11-volume study with the Joint Review Panel outlining possible scenarios for oil spills along the route including the Kitimat and Morice Rivers in British Columbia.

The study, carried out by three consulting firms, Stantec Consuting and AMEC Environmental & Infrastructure both of Calgary and RPS ASA of Rhode Island, is called “Ecological and Human Health Assessment for Pipeline spills.”

Overall the models created by study appear to be extremely optimistic, especially in light of recent events, such as the damning report on by the US
National Transportation Safety Board and the finding of violations by the US Pipeline and Hazardous Material Safety Administration with Enbridge operations during the 2010 Marshall, Michigan, spill and subsequent cleanup difficulties encountered by Enbridge.

The executive summary of the report begins by saying

This document presents conservatively developed assessments of the acute and chronic risk to ecological and human receptors in the unlikely event of a full bore pipeline break on the proposed Enbridge Northern Gateway Pipeline project. Three representative hydrocarbon types (condensate, synthetic oil
and diluted bitumen) were evaluated with releases occurring to four different rivers representing a range of hydrological and geographic characteristics, under both low-flow and high-flow conditions. The analysis indicates that that the potential environmental effects on ecological and human health from each hydrocarbon release scenario could be adverse and may be significant. However, the probability of the releases as considered in the assessment (i.e., full bore rupture, with no containment or oil recovery) is low, with return periods for high consequence watercourses ranging from 2,200 to 24,000 years. Therefore, the significant adverse environmental effects as described in this report are not likely to occur.

So the study says that it is “conservative” that means optimistic, that a full bore pipelink break with no containment or recovery is “an unlikely event” and would probably occur every 2,200 and 24,000 years. Not bad for a pipeline project that is supposed to be operational for just 50 years.

The summary does caution:

The analysis has also shown that the outcomes are highly variable and are subject to a great many factors including the location of the spill, whether the hydrocarbons are released to land or directly to a watercourse, the size of the watercourse, slope and flow volumes, river bed substrate, the amount of suspended particulate in the water, environmental conditions (such as the time of year, temperature and wind speeds, precipitation, etc.), the types of shoreline soils and vegetative cover and most significantly, the type and volume of hydrocarbon released.

The highly technical study is Enbridge’s official response to those intervenors who have “requested additional ecological and human health risk assessment studies pertaining to pipeline spills” and a request from the Joint Review Panle for more information about “the long term effects of pipeline oil spills on aquatic organisms (including the sensitivity of the early life stages of the various salmon species), wildlife, and human health.”

The report presents modelling on the release of three hydrocarbons, diluted bitumen, synthetic oil and condensate at four river locations along the pipeline route for their potential ecological and human health effects, under two flow regimes (i.e., high and low flow), broadly representing summer and winter conditions.

Modelling was done for four areas:

• Chickadee Creek: a low gradient interior river tributary discharging to a large river system
located up-gradient from a populated centre within the Southern Alberta Uplands region
• Crooked River: a low gradient interior river with wetlands, entering a lake system within
the Interior Plateau Region of British Columbia
• Morice River: a high gradient river system along the western boundary of the Interior
Plateau Region of British Columbia
• Kitimat River near Hunter Creek: a high gradient coastal tributary discharging to a large
watercourse with sensitive fisheries resources, downstream human occupation, and discharging to the Kitimat River estuary

In one way, the study also appears to be a partial victory for the Kitimat group Douglas Channel Watch because the model for the Kitimat River is based on a spill at Hunter Creek, which has been the subject of extensive work by the environmental group, but the consulting study is markedly optimistic compared to the scenario painted by Douglas Channel Watch in its presentations to District of Kitimat council.

The study describes the Kitimat River:

The hypothetical release location near Hunter Creek is southwest of Mount Nimbus, in the upper Kitimat River watershed, and flows into Kitimat River, then Kitimat Arm, approximately 65 km downstream. The area is in a remote location and maintains high wildlife and fisheries values. The pipeline crossing near Hunter Creek is expected to be a horizontal direction drilling (HDD) crossing. The release scenario
assumes a discharge directly into Kitimat River…

The streambed and banks are composed of coarse gravel, cobbles and boulders. Shoreline vegetation (scattered grasses and shrubs) occurs in the channel along the tops of bars. Vegetation is scattered on the channel banks below the seasonal high water mark and more developed (i.e., grasses, shrubs and trees) bove the seasonal high water mark.

Wildlife and fish values for the Kitimat River are high: it is important for salmon stocks, which also provide important forage for grizzly bears, bald eagles and osprey on the central coast. The Kitimat River estuary, at the north end of Kitimat Arm, also provides year-round habitat for some waterbirds and seasonal habitat for staging waterfowl.

There is considerable recreational fishing, both by local people and through fishing guides, on Kitimat River, its estuary and in Kitimat Arm. There is also likely to be a high amount of non-consumptive recreational activity in the area, including wildlife viewing, hiking and camping. The Kitimat River estuary, for example, is well known for waterbird viewing.

While no fish were captured at this location during the habitat survey, salmonoid fry and coho salmon were observed downstream. Previously recorded fish species in the area include chinook, coho and chum salmon, rainbow trout, Dolly Varden, and steelhead trout.

However, the next paragraph appears to show that a full bore rupture on the Kitimat River would have widespread consequences because it would cover a vast area of First Nations traditional territory, saying

Aboriginal groups with traditional territories within the vicinity of the Kitimat River hypothetical spill scenario site include the Haisla Nation, Kitselas First Nation, Kitsumkalum First Nation, Lax-Kw’alaams First Nation and Metlakatla First Nation.

It also acknowledges:

Oral testimony provided by Gitga’at First Nation and Gitxaala Nation was also reviewed in relation to this hypothetical spill scenario, although the traditional territories of these nations are well-removed from the hypothetical spill site.

The report then goes on to list “the continued importance of traditional resources” for the aboriginal people of northwestern BC.

especially marine resources. People hunt, fish, trap and gather foods and plants throughout the area and traditional foods are central to feasting and ceremonial systems. Food is often distributed to Elders or others in the community. Written evidence and oral testimony reported that Coho, sockeye, pink, and spring salmon remain staples for community members. Halibut, eulachon, herring and herring roe,
various species of cod, shellfish, seaweed, and other marine life are also regularly harvested and consumed, as are terrestrial resources, including moose, deer, beaver, muskrat and marten. Eulachon remains an important trade item. Written evidence provides some information on seasonality of use and modes of preparation. Seaweed is dried, packed and bundled and preserved for later use. Each species of
salmon has its own season and salmon and other fish are prepared by drying, smoking, freezing or canning. Salmon are highly valued and often distributed throughout the community…

Some areas used traditionally are not depicted geographically. Upper Kitimat River from the Wedeene River to the headwaters has long been used for trapping, hunting, fishing and gathering of various foods. Fishing, hunting and gathering activities take place along the lower Kitimat River and its tributaries. Marine resources are collected in Kitimat Arm, Douglas Channel, and Gardner Canal. Old village and
harvesting sites are located along the rivers and ocean channels in this vicinity.

Intertidal areas are important and highly sensitive harvesting sites that support a diversity of species. Many intertidal sites are already over harvested and are therefore vulnerable. Conservation of abalone has been undertaken to help the species recover. Some concern was expressed in oral testimony regarding the
potential for archaeological sites and the lack of site inventory in the area. Oral testimony made reference to the Queen of the North sinking and the potential for a similar accident to result in human health and environmental effects.

A spill at Hunter Creek

The model says that all three types of floating oil in Kitimat River under high-flow conditions would reach approximately 40 kilometres downstream from Hunter Creek while low-flow conditions showed variation.

Under what the study calls low flow conditions, most condensate would evaporate. The bitumen would cause “heavy shore-oiling” for the first 10 kilometres, with some oiling up to 40 kilometres downstream.

The most sedimentation would occur for synthetic oil, and the least for condensate. Synthetic oil under both flow conditions would have the largest amounts deposited to the sediments. This is because of the low viscosity of synthetic oil, which allows it to be readily entrained into the water where it may combine with suspended sediments and subsequently settle. Synthetic oil under high-flow conditions would result in the most entrained oil and so the most extensive deposition to the sediment. Diluted bitumen, for both flow conditions, would result in the most deposited on shorelines, with the remainder (except that which evaporated or degraded) depositing to the sediments.
The condensate also would also have significant entrainment, but higher winds prevailing in under low flow conditions would enhance evaporation and rapidly lower concentrations in the water as compared to high-flow conditions. In all scenarios, a large amount of entrained oil and high concentrations of dissolved aromatics would move down the entire stretch of Kitimat River and into Kitimat River estuary.

Long term scenario

The modelling appears to be extremely optimistic when it reaches four to six weeks after the pipeline breach, especially in light of the continued cleanup efforts in Michigan, estimating that the “fast-flowing” nature of the Kitimat River would disipate all the different forms of hydrocarbon in the study saying

a fast-flowing coastal river like Kitimat River, with gravel or cobble bottom would be affected by a large volume of crude oil released in a short period of time.

Oiling of shoreline soils is heavy in the reaches between the release point and 10 km downstream, becoming lighter to negligible beyond 10 km. Deposition of hydrocarbons to river sediment is greatest for the synthetic oil and diluted bitumen (high flow) scenarios extending up to 40 kilometres downriver, with predicted hydrocarbon concentrations in sediment approaching 1,000 mg/kg dry weight. Deposition of hydrocarbons to river sediment is considerably lighter for the diluted bitumen (low flow) and condensate scenarios. In these scenarios, oiling of river sediment is negligible….

It says that within four weeks of the end of the acute phase of the spill scenarios, concentrations in river sediments and river water would decline becoming quite low at the end of two years.

As for the affects on plants and invertebrates:

Oiling of shorelines would be extensive, particularly at assessment locations within 10 kilometres of the pipeline break location, under both the high and low flow scenarios, for synthetic oil and condensate. High loadings occur as far as 25 kilometres downstream, again asusming that damage would begin to disipate after four weeks declining over the next one to two years. Predicted effects are generally less severe for the diluted bitumen spill scenarios, due to lower expected loading of oil onto shorelines. Low to negligible shoreline oiling would occur for Kitimat River under most of the scenarios at the 40 kilometres assessment location and points downstream. Based on this assessment, very little oiling of shorelines would extend to the estuary and the environmental effects would be minimal.

The study goes on to say that the “model suggests that there would be no significant risk to fish health based upon chronic exposure to petroleum hydrocarbons for the oil spill scenarios in Kitimat River or the potentially affected areas within the estuary, either at four weeks or one to two years following the hypothetical spill events. Risk to developing fish eggs in Kitimat River and estuary at four weeks and one to two years again indicate no significant risk to developing fish eggs in spawning gravels.”

It also claims that “chronic risks” to wildlife would be minimal, with some elevated risk for “muskrat, belted kingfisher, mallard duck, spotted sandpiper and tree swallow,” if they were exposed to synthetic oil. The muskrat, mallard duck and spotted sandpiper
could be vulnerable to bitumen and diluted bitumen.

It then claims that “no significant effects of chronic exposure (to all hydrocarbons) would occur for grizzly bear, mink, moose, river otter, bald eagle, Canada goose, herring gull or great blue heron for the Kitimat River hydrocarbon spill scenarios.”

Again, it appears from the sutdy that the spotted sandpiper would be most vulnerable to “bulk weathered crude oil exposure” includingcondensate, diluted bitumen and synthetic oil.

For the Kitimat section it concludes:

In the unlikely event of an oil spill, recovery and mitigation as well as the physical
disturbance of habitat along the watercourse would be likely to substantially reduce the exposure of wildlife receptors to hydrocarbons as compared to the scenarios evaluated here.

Link to Volume One of the Enbridge Northern Gateway Report Ecological and Human Health Assessment for Pipeline Spills

Enbridge question on “marine vessel activity” on Douglas Channel gets obvious answer from the Haisla

Fog shrouds Kitimat harbour — Fog and low clouds shroud Kitimat harbour on the morning of June 27, 2012. (Robin Rowland/Northwest Coast Energy News)

If there is a major disconnect between the people who live in the Kitimat region and the rest of Canada, it is the question of vessel traffic on the Douglas Channel, with Enbridge spinning that there is already major tanker traffic on the Channel.

This section from the Northern Gateway website, is often quoted by Enbridge supporters, the vast majority of whom live in Alberta, thousands of kilometres away, have never been to Kitimat, but, somehow from Calgary or Fort McMurray, claim to know more about the Douglas Channel than people who live in Kitimat, including those who have sailed Douglas Channel for decades.

On its website Northern Gateway claims

According to numbers from the Port of Kitimat, not only have vessels carrying industrial products been travelling the channels safely for some 35 years, but so too have ships carrying petroleum products—like the one featured arriving in the Port of Kitimat through the Douglas Channel in the picture above.
In fact, some 1,560 vessels carrying methanol and condensate called on Kitimat port from 1982 to 2009 – that’s over 3,100 transits of vessels dedicated to the transport of petroleum products.
When you add vessel traffic of all industrial activity into Kitimat port, the number jumps to 6,112.
To be clear…the number of ships servicing industry arriving at Kitimat port between 1978 and 2009 is 6,112. That’s 12,224 transits!

So in its questions to the Haisla, Enbridge asked:

c) Please confirm that the Haisla Nation is aware of existing and proposed
marine vessel activity within its Traditional Territory, including:

(i) fuel barges

(ii) cargo/container ships

(iii) commercial fishing vessels

(iv) condensate tankers

(v) liquefied natural gas tankers

Enbridge’s question was an obvious attempt to enhance their spin on vessel traffic on the Douglas Channel, by fishing for an admission that large vessels already ply the Channel, something the residents of the Kitimat, both First Nations and non-aboriginal already know well.

In its response, the Haisla Nation replies:

The Haisla Nation is aware of the existing and proposed marine vessel activity within its Territory, including fuel barges, cargo/container ships, commercial fishing vessels, condensate tankers, and liquefied natural gas tankers.

The Haisla Nation is also aware of the increased cumulative effect of additional marine vessel activity as projects are approved. The presence of this shipping increases the significance of the potential impacts of the project on Haisla Nation aboriginal title and rights, through cumulative impacts.

The Haisla Nation is responsible for some of the vessel traffic within its Territory, with modern forms of transportation having replaced canoes. Until legal developments in the early 2000s which have defined the content of the honour of the Crown with respect resource decisions and potential impacts on First Nations, the Haisla Nation had little say about the projects with associated vessel traffic in its Territory.

While standard petroleum product tankers, many carrying condensate, a natural gas product, have been visiting Kitimat for years, there have. so far, been no supertankers, much less Very Large Crude Carriers. No bitumen carrying tankers have visited Kitimat, a fact always ignored by the region’s critics in Alberta and by Enbridge on its website.

Not only the filing by the Haisla Nation but most of the testimony at the recent public comment hearings in at Kitamaat Village, were about the fear of the growing cumulative effect of greatly increased tanker traffic on the Channel.

Haisla outline where they believe Enbridge Gateway plans are inadequate

In their filing with the Joint Review Panel, the Haisla Nation point to what they say is inadequate information provided by Enbridge on the Northern Gateway project, including:

To date the material provided by Northern Gateway does not adequately explain the known risks inherent to the proposed project and lacks significant detail with respect to the extent and degree of potential effects. The material provided by Northern Gateway does not provide sufficient information to determine how the risks inherent to the proposed project will be minimized, nor how the potential for significant adverse effects will be avoided.

There are a number of areas where the Haisla Nation has identified inadequateinformation, including but not limited to:

.
Design: there is a lack of information about detailed design considerations and monitoring procedures for pipeline integrity to avoid accidents and malfunctions due to corrosion, seismic events, and terrain instability. A notable example of this problem is in the Kitimat River Valley, where Northern Gateway has identified a high level of risk but has not offered any solutions. Another is the concern about the corrosive nature of the material to be transported. Northern Gateway denies that this is a problem, yet the US Department of Transportation Pipeline and
Hazardous Material Safety Administration (PHMSA) has commissioned a major study to investigate the corrosive nature of diluted bitumen in pipelines.

Materials to be transported: there is a lack of information about the fate, behaviour and effects of diluted bitumen, synthetic crude and condensate in the cold water marine and freshwater environment. This concern has been identified by federal government participants as well as by numerous intervenors, and Northern Gateway has acknowledged the need for more research and information. Yet, Northern Gateway has not agreed to undertake this work so that it is available for review in this process.

Volume of material to be transported: Northern Gateway’s application is for a pipeline that will transport 525,000 barrels of diluted bitumen per day. Yet the pipeline will be built to have a capacity of up to 850,000 barrels per day, and Northern Gateway’s application materials identifies future phases with increased volumes up to this amount. The risk assessments conducted by Northern Gateway are premised on 525,000 barrels per day, and fail to contemplate higher volumes which would affect a number of matters, including but not limited to: pipeline risk; volume of potential spills; and tanker traffic volume. The risk assessment needs to be revised, to address the risks associated with the pipeline transporting 850,000 barrels of diluted bitumen per day. Without this revision, Northern Gateway is asking the JRP to conduct its assessment on incomplete information that, by definition, understates the true potential risk of the proposed project.

.Baseline information: Northern Gateway has not undertaken the studies necessary to generate baseline ecosystem assessments for the Kitimat River drainage and Kitimat Arm, including seasonal habitat utilization by species and life stages throughout the watershed. This information is necessary to determine both stream crossing construction strategy and to assess the potential impacts of a spill, as well as to determine how to respond to a spill and when. A ‘one-size fits all’ approach to stream crossings during construction and spill response, when adequateinformation about seasonal habitat utilization by species and life stages throughout the watershed is lacking, is not adequate. This information is needed to determine when construction can proceed and what timeframe limitations there are for activities, to ensure that adverse effects to fish and wildlife are avoided. This information is also required, should a spill occur, to enable a proper assessment of the extent and degree of adverse effects as well as to provide a proper basis for restoration of affected habitat.

Past spills: there is a lack of information about the cause, effects, emerging information and lessons learned as a result of Enbridge’s large diluted bitumen spill into the Kalamazoo River. We know that 3,785,400 liters of diluted bitumen were pumped out of the pipeline, with a largeportion of that ending up in to the Kalamazoo River. We know the large volume of the spill was the result of numerous attempts to re-pressurize the pipeline despite repeated spill alarms being triggered. We know that government agencies stepped in to manage the spill because Enbridge’s response was not swift enough. We know that Enbridge’s clean-up costs to date exceed insurance coverage. We know that two years later Enbridge is still under a clean-up mandate from the US Environmental Protection Agency and the Michigan Department of Environmental Quality, and that portions of the Kalamazoo River are still closed to recreational use. What we do not know, however, is what the cause of the pipeline rupture was, what Enbridge has learned about how diluted bitumen behaves once it is released into the environment, or how a local population that relies on the river for fishing, for traditional harvesting and gathering of foods and medicines would have been affected.

Oil spill response: there is a lack of information about oil spill response and planning, including best practices, best available technology and the local on-site equipment and personnel required full-time to respond properly to a spill. This is largely due to the lack of adequate baseline information on which to base response planning. Further, Northern Gateway has demonstrated an unwillingness to fully consider how spill response would be carried out until it receives a certificate for its project.

Yet Northern Gateway seeks to rely on spill response as a mitigation strategy. If Northern Gateway seeks to rely on spill response as a mitigation strategy, it should provide in detail, prior to project approval, what its oil spill response would include and demonstrate that it is logistically, technologically and economically feasible. Northern Gateway has not done this.

.Mitigation measures: there is a lack of information about existing proven mitigation measures and their effectiveness in cleaning up an oil spill, restoring habitat and regenerating the species dependent on the affected habitat. This should be evaluated as part of project review, prior to project approval. Where Northern Gateway seeks to rely on a mitigation measure as a basis for project approval, it must demonstrate that the proposed mitigation will actually work.

Avoidance of any significant adverse effects must be the primary goal and dictate the design and location of the proposed project. Mitigation (e.g. complete resolution) of any potential environmental effects should be the preferred option, when all efforts to avoid such effects fail. Compensation for environmental effects must be a last resort and relied on only when best efforts have been made to avoid or mitigate effects. Unfortunately, the material submitted by Northern Gateway suggests that compensation is the primary option and lack of evidence on project design and procedures makes it impossible to evaluate how potential effects could be avoided or mitigated.

For example, Northern Gateway proposes to have spill interception points (river control points) along the Kitimat River Valley as part of its mitigation, but has no realistic plan in place that takes into consideration response delay times, rates of transportation, access issues or baseline ecosystem, fish and wildlife information for the receiving environment.

Main story Haisla Nation confirms it opposes Northern Gateway, demands Ottawa veto Enbridge pipeline; First Nation also outlines “minimum conditions” if Ottawa approves the project

Haisla Nation Response to NGP Information Request (pdf)

Haisla outline conditions, concerns for Northern Gateway project

In its extensive document filed with the Northern Gateway Joint Review panel, the Haisla Nation emphasize their opposition to the project.

However, the Haisla are anticipating that the project will be approved and therefore submitted a lengthy series of conditions for that project, should it be imposed on the northwest by the federal government.

Nevertheless, if the project were to be approved AFTER the Crown meaningfully consulted and accommodated the Haisla Nation with respect to the impacts of the proposed project on its aboriginal title and rights, and if that consultation were meaningful yet did not result in changes to the proposed project, the following conditions would, at a minimum, have to be attached to the project.

1. Conditions Precedent: The following conditions precedent should be met prior to any field investigations, pre-construction activities or construction activities as well as during and subsequent to such investigations or activities. These conditions are necessary to ensure that potential effects of the project can be avoided or mitigated to reduce the likelihood of habitat damage or destruction:

Comprehensive seasonal water quality monitoring throughout the Kitimat River watershed, Kitimat Arm and Douglas Channel that account for seasonal variations in flow, tidal cycles, snowmelt, rainfall, etc.

Parameters for measurement would be have to be agreed upon by the
Haisla Nation prior to certification of the project;

Comprehensive seasonal fisheries surveys of fish habitat utilization throughout the Kitimat River watershed, Kitimat Arm and Douglas Channel that account for where species and life stages are at different times of the year and accurately define sensitive habitats;

Comprehensive seasonal wildlife and bird surveys of habitat utilization throughout the Kitimat River watershed, Kitimat Arm and Douglas Channel that account for where species and life stages are at different times of the year and accurately define sensitive habitats;

Comprehensive seasonal vegetation surveys of habitat utilization throughout the Kitimat River watershed, Kitimat Arm and Douglas Channel that accounts for the distribution of species and life stages at different times of the year and accurately define sensitive habitats;

Development of comprehensive spill response capability based on a realistic assessment of spill containment, spill response and spill capacity requirements throughout the Kitimat River Valley, Kitmat Arm and Douglas Channel. The Haisla Nation’s past experience has shown that relying onpromises is not good enough. This spill response capability must be demonstrated prior to project approval;

Verification that the proposed project would result in real benefits, economic or otherwise, that would flow to the Haisla Nation, to other First Nations, and to British Columbia.

Whenever any field investigations or activities are proposed, the proposal or permit application would have to include the following environmental protections:

Soil and erosion control plans;

Surface water management and treatment plans;

Groundwater monitoring plans;

Control and storage plans for fuels, lubricants and other potential contaminants;

Equipment deployment, access and use plans;

Habitat reclamation of disturbed or cleared areas.

Prior to any pre-construction or construction activities the following detailed studies would have to be undertaken and provided to the Haisla Nation for review and approval, to ensure that the best design and construction approaches are being used, so that potential effects of the project can be avoided or mitigated to reduce the likelihood of habitat damage or destruction:

Detailed analysis of terrain stability and slide potential throughout the pipeline corridor and at the storage tank and terminal site;

Detailed engineering design to mitigate seismic risk and local weather extremes;

.Development of pipeline integrity specifications and procedures including
best practices for leak detection;

Development of storage tank integrity specifications and maintenance and monitoring procedures;

Assessment of spill containment, spill response and spill capacity requirements throughout the Kitimat River watershed, Kitimat Arm and Douglas Channel;

.Development of detailed tanker acceptance program specifications and
procedures;

Development of detailed tanker and tug traffic management specifications and procedures;

Development of detailed port management specifications and procedures including operating limits for tanker operation, movement and docking.

2. Ongoing Consultation: A commitment to ongoing consultation with and accommodation of the Haisla Nation on all of the activities set out above.

3. Ongoing process for variance, waiver or discharge of conditions: A commitment to ongoing meaningful involvement of the Haisla Nation by the National Energy Board prior to any decision on any changes to or sign off on conditions and commitments to any certificate that is issued.

4. Third Party Oversight of Construction: A requirement that NorthernGateway fund a third party oversight committee, which should include a Haisla Nation representative, to monitor certificate compliance during construction of the marine terminal and the pipeline. This committee would have the ability to monitor and inspect construction and should be provided with copies of allcompliance documents submitted by Northern Gateway to the National Energy Board.

5. Operational Conditions: A number of operational conditions should beincorporated into the certificate, including but not limited to:

The requirement to monitor terrain along the pipeline so that breaches based on earth movements can be anticipated and prevented;

The requirement to implement automatic pipeline shutdown whenever a leak detection alarm occurs;

Conditions on the disposal of any contamination that must be removed as a result of an accident or malfunction resulting in a spill that will minimize additional habitat destruction and maximize the potential for regeneration of habitat and resources damaged by the spill;

Parameters for terminal and tanker operations (including standards for tankers allowed to transport cargo; tanker inspection requirements and schedules; escort tug specifications, standards, maintenance and inspection; pilotage protocols and procedures; environmental conditions and operating limits; etc.) as well as other parameters set out in and reliedon for the TERMPOL review to become conditions of any certificate issued by the National Energy Board, with a provision that the Haisla Nation’s approval of any changes to these conditions is required.

Answering the questions from Enbridge Northern Gateway, the Haisla also outline a long series of concerns.

1. Physical and Jurisdictional Impacts

1.1 Construction

The Haisla Nation is concerned about the direct physical and jurisdictional impacts that the construction of the proposed project will have. These concerns are set out for each of the marine terminal, the pipeline, and tanker traffic, below:

Marine Terminal:

a. The proposed marine terminal will require the alienation of 220-275
hectares (554-680 acres) of land from Haisla Nation Territory, land
to which the Haisla Nation claims aboriginal title.

b. The terminal will require the additional alienation of land for
ancillary infrastructure and development, including:

i. road upgrades,

ii. perimeter access roads and roads within the terminal area,

iii. a potential public bypass road,

iv. an impoundment reservoir,

v. a disposal site for excess cut material outside the terminal
area,

vi. a new 10km long transmission powerline, and

vii. a 100-m waterlot with a 150-m “safety zone”.

c. The terminal proposes to use Haisla Nation aboriginal title land,
including foreshore and waters, in a way that is inconsistent with
Haisla Nation stewardship of its lands, waters and resources and
with the Haisla Nation’s own aspirations for the use of this land.
Since aboriginal title is a constitutionally protected right to use the
aboriginal title land for the purposes the Haisla Nation sees fit, this
adverse use would fundamentally infringe the aboriginal title of the
Haisla Nation.

d. The terminal will require the destruction and removal of
documented culturally modified trees, some with modifications
dating back to 1754. These culturally modified trees are living
monuments to the history of the Haisla people.

e. The terminal will expose two Haisla Nation cultural heritage sites to
increased risk of vandalism and chemical weathering.

f. The terminal will result in the direct loss of 4.85 hectares (11.98
acres) of freshwater fish habitat (harmful alteration, disruption or
destruction (HADD) under the Fisheries Act).

g. The terminal will require dredging, underwater blasting, and
placement of piles and berthing foundations, resulting in an as yet
un-quantified loss of intertidal and subtidal marine habitat.

Pipeline:

a. The proposed pipeline construction right-of-way will require the
alienation of 9,200 hectares (22,734 acres) of Haisla Nation
Territory – land to which the Haisla Nation claims aboriginal title –
and will put this land to a use that is inconsistent with Haisla Nation
stewardship of its lands, waters and resources and with the Haisla
Nation’s own aspirations for the use of this land.

b. The pipeline will require 127 watercourse crossings in Haisla Nation
Territory. Seven of these are categorized as high risk, 5 as
medium high risk, and 7 are medium or medium low risk for harmful
alternation, disruption or destruction (HADD) of fish habitat. This
risk is just from pipeline construction and does not address the
issue of spills.

c. The pipeline is estimated to result in temporary or permanent
destruction of freshwater fish habitat of 3.1 hectares (7.68 acres) in
Haisla Nation Territory.

d. The pipeline will require the clearing of land and vegetation and the
destruction of wetlands. The extent of this is yet to be quantified.

Tanker Traffic:

a. Although Northern Gateway has not made any submission on this
point, it is clear that having adequate spill response capability at
Kitimat will require additional infrastructure upgrades in and around
Kitimat, as well as potential spill response equipment cache sites.
None of this has been considered or addressed in Northern
Gateway’s application material – as such the material is
incomplete.

b. The construction for this additional infrastructure could result
impacts to ecosystems, plants, wildlife and fish, and in additional
HADD or fish mortality from accidents.

All of the land alienations required for the proposed project would profoundly
infringe Haisla Nation aboriginal title which is, in effect, a constitutionally
protected ownership right. The proposed project would use Haisla Nation
aboriginal title land in a way that is inconsistent with Haisla Nation stewardship of
its lands, waters and resources and with the Haisla Nation’s own aspirations for
the use of this land. Since aboriginal title is a constitutionally protected right to
use the aboriginal title land for the purposes the Haisla Nation sees fit, this
adverse use would fundamentally infringe the aboriginal title of the Haisla Nation.

The Haisla Nation is also concerned about the socio-economic and health
impacts of the proposed project. Northern Gateway has yet to file its Human
Health and Ecological Risk Assessment. Further, the socio-economic impact
analysis submitted as part of the application provides only a limited assessment
of the potential impacts of the project on the Haisla Nation at a socio-economic
level.

Haisla Nation society and economy must be understood within the cultural
context of a people who have lived off the lands, waters and resources of their
Territory since long before European arrival. To limit a socio-economic impact
assessment to direct impacts and to ignore consequential impacts flowing from
those impacts fails to capture the potential impacts of the proposed project on the
Haisla Nation at a socio-economic level.

1.2 Operation

The proposed marine terminal, pipeline corridor and shipping lanes will be
located in highly sensitive habitats for fish, wildlife and plants. Any accident of
malfunction at the wrong time in the wrong place can be devastating ecologically.
The Haisla Nation has identified the following concerns relating to physical
impacts from the operation of the proposed project:

Marine Terminal:

a. Intertidal and subtidal marine habitat impacts as a result of marine
vessels.
b. The likelihood of spills from the marine terminal as a result of operational
mistakes or geohazards.

c. The effects and consequences of a spill from the marine terminal. This
includes impacts on the terrestrial and intertidal and subtidal marine
environment and fish, marine mammals, birds, and other wildlife, as well
as impacts on Haisla Nation culture and cultural heritage that could result
from such impacts.

d. Response to a spill from the marine terminal, including concerns about
spill response knowledge, planning and capability, as well as impacts
flowing from response measures themselves.

Pipeline:

a. The likelihood of spills from the pipeline as a result of pipeline failure,
resulting from inherent pipeline integrity issues or external risks to pipeline
integrity, such as geohazards.

b. The effects and consequences of a spill from the pipelines. This includes
impacts on the terrestrial environment and freshwater environment, and
on plants, fish, birds, and other wildlife, as well as impacts on Haisla
Nation culture and cultural heritage that could result from such impacts.

c. Response to a spill from the pipelines, including concerns about spill
response knowledge, planning and capability, as well as impacts flowing
from response measures themselves.

Tanker Traffic:

a. Increased vessel traffic in waters used by Haisla Nation members for
commercial fishing and for traditional fishing, hunting and food gathering.

b. The likelihood of spills, including condensate, diluted bitumen, synthetic
crude, and bunker C fuel and other service fuels, from the tankers at sea
and at the marine terminal.

c. The effects and consequences of a spill. This includes impacts on the
marine environment and fish, marine mammals, birds, and other wildlife,
as well as impacts on Haisla Nation culture and cultural heritage that could
result from such impacts.

d. Response to a spill, including concerns about spill response knowledge,
planning and capability, as well as impacts flowing from response
measures themselves.

e. Potential releases of bilge water, with concerns about oily product and
foreign organisms.
These issues are important. They go to the very heart of Haisla Nation culture.
They go to the Haisla Nation relationship with the lands, waters, and resources of
its Territory. A major spill from the pipeline at the marine terminal or from a
tanker threatens to sever us from or damage our lifestyle built on harvesting and
gathering seafood and resources throughout our Territory.

Northern Gateway proposes a pipeline across numerous tributaries to the Kitimat
River. A spill into these watercourses is likely to eventually occur. The evidence
before the Panel shows that pipeline leaks or spills occur with depressing
regularity.

One of Enbridge’s own experiences, when it dumped 3,785,400 liters of diluted
bitumen into the Kalamazoo River, shows that the concern of a spill is real and
not hypothetical. A thorough understanding of this incident is critical to the
current environmental assessment since diluted bitumen is what Northern
Gateway proposes to transport. However, nothing was provided in the application
materials to address the scope of impact, the level of effort required for cleanup
and the prolonged effort required to restore the river. An analysis of this incident
would provide a basis for determining what should be in place to maintain
pipeline integrity as well as what should be in place locally to respond to any spill.

The Kalamazoo spill was aggravated by an inability to detect the spill, by an
inability to respond quickly and effectively, and by an inability to predict the fate
of the diluted bitumen in the environment. As a result, the Kalamazoo River has
suffered significant environmental damage. The long-term cumulative
environmental damage from this spill is yet to be determined.

Further, the Haisla Nation is also concerned about health impacts of the
proposed project and awaits the Human Health and Ecological Risk Assessment
which Northern Gateway has promised to provide.

1.3 Decommissioning

Northern Gateway has not provided information on decommissioning that is detailed enough to allow the Haisla Nation to set out all its concerns about the potential impacts from decommissioning at this point in time. This is not good enough. The Haisla Nation needs to know how Northern Gateway proposes to undertake decommissioning, what the impacts will be, and that there will be financial security in place to ensure this is done properly.

2. Lack of Consultation

Broadly, the Haisla Nation has concerns about all three physical aspects of the
proposed project – the pipeline, the marine terminal and tanker traffic – during all
three phases of the project – construction, operation and decommissioning.
These concerns have not been captured or addressed by Northern Gateway’s
proposed mitigation. The Haisla Nation acknowledges that a number of these
concerns can only be addressed through meaningful consultation with the
Crown. The Haisla Nation has therefore repeatedly asked federal decision-
makers to commit to the joint development of a meaningful consultation process
with the Haisla Nation. The federal Crown decision-makers have made it very
clear that they have no intention of meeting with the Haisla Nation until the Joint
Review Panel’s review of the proposed project is complete.

The federal Crown has also stated that it is relying on consultation by NorthernGateway to the extent possible. The federal Crown has failed to provide anyclarity, however, about what procedural aspects of consultation it has delegated to Northern Gateway. Northern Gateway has not consulted with the Haisla Nation and has not advised the Haisla Nation that Canada has delegated any aspects of the consultation process.

The Haisla Nation asserts aboriginal title to its Territory. Since the essence of

aboriginal title is the right of the aboriginal title holder to use land according to its
own discretion, Haisla Nation aboriginal title entails a constitutionally protected
ability of the Haisla Nation to make decisions concerning land and resource use
within Haisla Nation Territory. Any government decision concerning lands,
waters, and resource use within Haisla Nation Territory that conflicts with a
Haisla lands, waters or resources use decision is only valid to the extent that the
government can justify this infringement of Haisla Nation aboriginal title.

The Supreme Court of Canada has established that infringements of aboriginal
title can only be justified if there has been, in the case of relatively minor
infringements, consultation with the First Nation. Most infringements will require
something much deeper than consultation if the infringement is to be justified.
The Supreme Court has noted that in certain circumstances the consent of the
aboriginal nation may be required. Further, compensation will ordinarily be
required if an infringement of aboriginal title is to be justified [Delgamuukw].

The Haisla Nation has a chosen use for the proposed terminal site. This land
was selected in the Haisla Nation’s treaty land offer submitted to British Columbia
and Canada in 2005, as part of the BC Treaty Negotiation process, as lands
earmarked for Haisla Nation economic development.

The Haisla Nation has had discussions with the provincial Crown seeking to
acquire these lands for economic development purposes for a liquefied natural
gas project. The Haisla Nation has had discussions with potential partners about
locating a liquefied natural gas facility on the site that Northern Gateway
proposes to acquire for the marine terminal. The Haisla Nation sees these lands
as appropriate for a liquefied natural gas project as such a project is not nearly
as detrimental to the environment as a diluted bitumen export project. This use,
therefore, is far more compatible with Haisla Nation stewardship of its lands,
waters and resources.

By proposing to use Haisla Nation aboriginal title land in a manner that is
inconsistent with Haisla Nation stewardship of its lands, waters and resources,
and that interferes with the Haisla Nation’s own proposed reasonable economic
development aspirations for the land, the proposed project would result in a
fundamental breach of the Haisla Nation’s constitutionally protected aboriginal
title.

Similarly, Haisla Nation aboriginal rights are constitutionally protected rights to
engage in certain activities (e.g. hunting, fishing, gathering) within Haisla Nation
Territory. Government decisions that infringe Haisla Nation aboriginal rights will
be illegal unless the Crown can meet the stringent test for justifying an
infringement.
Main story Haisla Nation confirms it opposes Northern Gateway, demands Ottawa veto Enbridge pipeline; First Nation also outlines “minimum conditions” if Ottawa approves the project

Haisla Nation Response to NGP Information Request (pdf)