Analysis:   New scientific findings likely confirm Haisla story of first arrival in the valley

Two related scientific papers published in the past two weeks, one on the First Peoples  initial settlement of coastal  North America and the second  giving a probable new timeline of the retreat of the glaciers during the last Ice Age,  taken together  are likely confirmation of the Haisla story of how that nation first settled the Kitimat Valley.

Haisla NationAs related in Gordon Robinson’s Tales of the Kitamaat, the First Peoples living on the coast of what is now British Columbia ventured up what is now called Douglas Channel perhaps from either Bella Bella in Heiltsuk traditional territory or from Prince Rupert in Tsimshian traditional territory.

The young men on the expedition up the Kitimat Arm spotted what they thought was a huge monster kilometres ahead with a large mouth that was constantly opening and closing. The sight was so terrifying that the men fled back to their homes and dubbed the Kitimat Arm as a place of a monster.

Later a man named Hunclee-qualas accidentally killed his wife and had to flee from the vengeance of his father-in-law.   Knowing he had to find a place where no one could find him,  he ventured further up the Kitimat Arm. There he discovered that the “monster” was nothing more than seabirds, probably seagulls, perhaps feasting on a spring oolichan run.

He settled along the shore of what is now the Kitimat River and found a land of plenty, with fish, seals, game as well as berries and other natural products of the land.  Eventually he invited others to join him, which began the Haisla Nation and he became their first chief.

Let’s examine the new evidence so far.

  1. Settlement along the coastal “kelp highway” between 18,000 and 16,000 years ago, followed by a warm spell 14,500 years ago

It’s now fairly certain that the First Peoples first began to settle along the coast by following the “kelp highway” perhaps as early as 18,000 years ago and certainly by 14,000 years ago.  Haida Gwaii was ice free, except for some mountain glaciation as early as 16,500 years ago.   At about 14,500 years ago there was a warming spell which forced the glaciers to retreat, brought higher sea levels and the arctic like tundra ecosystem would have been replaced, at least for a time, by forests. There is the discovery of a Heiltsuk settlement dated to 14,000 years ago.  At that time almost all of the coast would have been free of glacial ice but there were still glaciers in the fjords, including the Kitimat Arm which would mean there could be no permanent settlement in the “inland coast” and the interior.

(Science)
  1. The cooling period from 14,000 to 11,700 years ago confines settlement to the coast

The cooling periods  (with occasional warmer times) from about 14,000 years ago to about 11,700 years ago meant that settlement would largely have been confined to the coast for about two and half millennia. The culture of the coastal First Peoples would have been well established by the time the glaciers began the final retreat.

(Remember that it is just 2,000 years from our time in 2017 back to the height of the Roman Empire under Augustus Caesar).

It is likely that the cooling periods also meant that some descendants of initial settlers likely headed south for relatively warmer climates. Rising sea levels meant that the initial settlement villages would likely have been abandoned for higher ground.

  1. A second period of rapid warming 11,700 years ago which opens up the interior fjords and valleys

At the end of what geologists call the Younger Dryas period, about 11,500 years ago, the climate warmed, the glaciers retreated further, in the case of Kitimat, first to what is now called Haisla Hill, then to Onion Flats and finally to Terrace.

  1. Large glacial sediment river deltas filled with fresh melt water from retreating ice

The most important confirmation of the story of Hunclee-qualas’s exile is the account  of the monster, the birds and the oolichan run.

The new scientific evidence, combined with earlier studies, points to the fact that the glacial melt water carried with it huge amounts of glacial sediment that created vast river deltas in coastal regions of the Northern Hemisphere.

That means around 10,000 years ago,   when the Kitimat Valley was ice free and the new forest ecosystem was spreading up the valley, the Kitimat River estuary was likely to have been much larger than today.  It could have been a vast delta, which would have quickly been repopulated with fish, including salmon and oolichan. That rich delta ecosystem could have supported a much larger population of seabirds than the smaller estuary in recent recorded history.

Snow geese by the thousands in the Sacramento-San Joaquin Bay Delta/ CrunchySkies/Wikimedia Commons/Creative Commons License

The story of the monster those first travelers saw far off is highly plausible. Even today in huge, rich deltas elsewhere in the world, seeing hundreds of thousands of birds in flight over a wetland is fairly common. (For a description of what a Kitimat River delta may have been like thousands of years ago, see KCET’s story on the Sacramento-San Joaquin Bay Delta and what that delta was like 6,000 years ago)

The First Peoples had had well established communities for up to four thousand years before the Kitimat Valley’s metres of thick ice had melted away.  For the first period, while the ecosystem regenerated, for the people of the coast coming up Douglas Channel to the valley would not have been worth it, there would be little to find in terms of fish, game or forest resources.

A Snow Goose flock near the Skagit River Delta, WA./ Walter Siegmund/Wikimedia Commons
  1. The change from tundra to a rich forest environment

Eventually as the forest regenerated, the streams filled with salmon and oolichan; the bird population including gulls, geese and eagles, found a new feeding ground;  bears, deer and other animals arrived. The Kitimat region would have been an attractive place to explore and hunt. It may be the monster story did keep people away until Hunclee-qualas had to find a place to hide and discovered a new home just at a time that might be called an ecological optimum with new forests stretching back along the valley to what is now Terrace.

  1. The river delta shrinks back to the current estuary

If a vast Kitimat River delta did stretch further down the Channel than it does in 2017, it likely shrank back in the subsequent millennia.   Eventually the mass of glacial sediment that came downstream after the retreat of the ice would diminish, but not stop entirely. The estuary is still rebuilt from sediments washed downstream but that sediment doesn’t match other  rich deltas elsewhere such as the Nile in Egypt.   With that regeneration of the delta slower and smaller than in the first centuries of Haisla settlement, at the same time the land surface rebounded from the weight of the ice, perhaps creating the Kildala neighborhood.  The ocean level rose, drowning and eroding part of the old delta, creating the estuary we know today.

 

 

As the authors of the paper on the First Peoples’ settlement note, most of the archaeological evidence of early coastal settlement is now likely many metres below the surface of the ocean but deep ocean exploration may uncover  that evidence.  As the scientific team on the second paper say, they are now working on detailed studies of the glacial retreat from the coastal mountain region which may, when the studies are complete, change the timeline

While waiting for further evidence from archaeology and geology it is safe to say that the stories of the monster and later Hunclee-qualas’s discovery of the Haisla homeland are even more compelling than when Gordon Robinson wrote Tales of the Kitamaat.  We can now speculate that there was once, stretching from Haisla Hill far down the Channel, a vast, varied rich, river estuarine delta that supported hundreds of thousands of seabirds, which if they took the wing in unison, would have made those unwary travelers millennia ago, really think that there was a giant monster waiting to devour them at the head of the Kitimat Arm.

 

 

 

 

 

 

 

 

 

 

 

Council votes to create “working group” on riverbank issues, tables plan to gate access

District of Kitimat Council voted Monday five to two to create a “working group” of “concerned citizens and community groups” to consider the future of riverbank camping along the Kitimat river. The working group will consider issues such as access to the river, pollution and how to control extended camping along the river.

That vote came after council split five to two  again to defeat a motion by Councillor Mary Murphy to stop riverside camping altogether.

A proposal from District staff to put access gates at three locations, the Giant Spruce Road, the Sewage Plant and the Pump House was tabled for the time being. However, the councilors and staff marked the pump house gate as a priority for study by the engineering staff due to concerns that “the risk of fuel, oil and other contaminants (i.e. Illegal dumping ) occurring. This is the source water area for the city’s water supply, reducing access reduces contamination risks.” Staff said that unlike other portions of the riverbank, the District does “have authority under drinking water protection act to protect this area.”

Council also voted to close Hirsh Creek park immediately because the roads at the camping area were washed out by the flood last week.

Councillors noted that many people still go to Hirsch Creek after the gates are closed at the end of the season to walk dogs or hike. This results in a parking jam at the front of the gate and on busy times, cars park on Highway 37 which could endanger pedestrians.

District staff will study moving the park gate down further to a point that the road narrows near the first campsite to allow safe access for dog walkers and hikers.

The main problem facing the District of Kitimat is that most popular sites along the riverbank for campers are on provincially owned Crown land. In 2014, the former BC Liberal government passed a regulation that says people can camp on Crown land for up to 14 days. As some councillors pointed out this restriction regularly abused by some campers who stay on the riverbank for weeks, some apparently camping from Victoria Day to Labour Day.

A detail from the DoK map of who owns the riverbank shows that many of the popular camping sports along the Kitimat River are on provincial Crown land (dark green) while the municipality controls the land away from the riverbank including the access roads (brown). (District of Kitimat)

During the debate it was pointed out that often those camp on the riverbank like to “claim” a camping/fishing spot and try to prevent others from using it. “I know of a couple of fistfights,” Murphy told Council.

As Councillor Rob Goffinet pointed out, whether or not the District could place gates on municipal land to stop access to provincial Crown land would require a legal opinion.

Murphy told Council that she had received emails, blaming Kitimat for “almost drowning” some of the campers. She said that her views may be unpopular among some residents, but added, “I don’t care if I’m unpopular, I want to keep people safe.”

Councillor Larry Walker, who pointed out that he likes of fish along the river, who supported Murphy’s motion told his colleagues to get their act together and “do something about the riverbank.” He later proposed that if council does nothing, perhaps Kitimat should hold a referendum on the future use of the river bank.

The majority on Council were more cautious, while acknowledging problems. They pointed out that the many of the campers both on the east bank and on the west bank at Radley Park patronize local businesses during the summer months.

While there was wide discussion on social media before the council meeting, only three people showed up to give their opinions, mostly concerned about permitting access to the river for people with mobility issues or small children.

There were many comments and questions about how other areas police provincial Crown Land, with some saying that some places restrict access to only a couple of days. However, no one either on Council or staff had any idea of what exactly other locations are doing, if anything.

There were no details of how the working group would operate and who would participate. During the debate it was pointed out that as well as the province, participants would have to include Rio Tinto, LNG Canada and DFO. As well, Council did not set a deadline for the working group to report back.

As Murphy pointed out back in 2014, Fisheries and Oceans refused to attend a Council meeting or make a public presentations on its views of the river bank situation. (DFO snubs District of Kitimat Council for a second time )  while offering to meet with staff “they will continue to meet at an operational level to provide information on DFO’s regulatory role.”  That, of course came during the Stephen Harper administration which severely restricted any public participation by the civil service on environmental issues. Whether the Justin Trudeau government has changed that policy remains to be seen.

The campsite road at Hirsch Creek park was washed out in the flood. (District of Kitimat)

Was the rain storm an anomoly?

During the debate, Mayor Phil Germuth, pointed to the sudden onslaught of rain during Sunday and Monday September 10 and 11 and called it “an anomaly” which means that Kitimat should not overreact to the storm.

Environment Canada chart of the spike in the Kitimat River levels, as presented to District Council. (Environment Canada)

However, as The New York Times pointed out after Hurricane Harvey hit Texas, scientists have been warning for years that

Climate science has repeatedly shown that global warming is increasing the odds of extreme precipitation and storm surge flooding. Refusing to acknowledge this impairs our ability to prepare for future extreme weather and endangers American lives and property.

And another opinion article in the Times during Hurricane Harvey noted:

Scientists can now even evaluate how much climate change has increased the odds of individual extreme events, including rainfall and flooding.

As the 2015 American Meteorological Society report quoted by The Times indicates, those  unpredictable and extreme events don’t just include floods but the widespread forest fires in Alaska in 2014 and we all know how bad the fire season has been in British Columbia this year.

Report on extreme weather events

As Noah Diffenbaugh  of Standford University pointed out in The Times

Being smart about managing exposure and vulnerability is critical to reducing risks. But doing so requires acknowledging that global warming is happening, that humans are the primary cause and that the odds of catastrophes like Hurricane Harvey are increasing.

District clarifies who owns the riverbank, will debate shutting off vehicular access at Monday’s meeting

The District of Kitimat has issued a map clarifying just who owns the banks of the Kitimat River, a subject that has been debated for years, as campers have come and gone as they please.

The map issued by the District staff shows that the District of Kitimat has jurisdiction over much of the land on the east side of the river while Rio Tinto owns much of the western bank–but also does own some of the eastern bank in the lower levels.

District staff are recommending that gates be installed in three areas along the eastern bank on municipally owned land, at the Giant Spruce Road, at the Pump House and at the Sewage plant. That could cut off vehicular traffic while still allowing access for pedestrians and those who wish to fish on the river bank by getting access on foot.

The proposed locations of the gates are marked in red on the map.

 

Map showing who owns the riverbank lands with the proposed gates marked by red dots. (District of Kitimat)

You’ll find a larger version of the map, and staffs’ recommendations to District Council in the report.

DistrictofKitimatriverbankreport (pdf)

 

RCMP, Fire warn of continuing hazards after “unique” Kitimat River flood

Both the RCMP and Kitimat Fire and Rescue are warning residents to stay away from the Kitimat River until the high water recedes. As well there are likely new hazards from a possible change in the river’s path due to the high water and as well as from debris in Douglas Channel.

Both detachment commander Staff Sergeant James McLaren and Fire Chief Trent Bossance made a special presentation to District of Kitimat Council Monday night to bring council up to date on the events that began early Monday morning.

The riverbanks are still hazardous, McLaren told Council and he urged that everyone stay away for at least the next two days. Anyone going out to fish in the Kitimat Arm of Douglas Channel, may also face hazards from snags, logs and debris such as floating propane cans. Bossance told Council in reply to a question from Councillor Larry Walker.

As well, Bossance told Council that the sudden deluge that began on Sunday afternoon is “not typical at all like the regular October flooding” that may be seen on the river.

Environment Canada chart of the spike in the Kitimat River levels, as presented to District Council. (Environment Canada)

Bossance warned that due to the volume and speed of the water it is likely that some parts of the river bed and river course have changed, and that the sandbars and snag areas that people may be familiar with may have shifted.

The effects of the flood are being monitored by RCMP, Fire and Rescue, Conservation officers, Fisheries and Oceans and provincial environmental officials.

Bossance said that the consensus of those officials is that the flood situation is unique in the history of Kitimat. Environment Canada issued a severe rainfall warning at noon on Sunday.

Bossance told Council  that people who were able to leave the riverbank said that they were able to walk out at about one a.m.  By 2:30 am, the river had risen so rapidly—about four metres—that by then people were trapped and calling 911 for help. McLaren said the RCMP immediately asked for the assistance of Kitimat Search and Rescue, who then requested assistance from Terrace Swift Water Rescue. Those units rescued twelve people from the riverbank.

A helicopter was called in and rescued two people.  The helicopter then made a sweep of the river bank but found no one else in danger.

McLaren told Council that as of 7 pm Monday no one had been reported missing or overdue.

The number of flooded vehicles or vehicles swept into the river is not certain, McLaren said,  but the number is estimated between twelve and fourteen ranging from large recreational vehicles to cars.   A preliminary assessment by ICBC indicates that the damage or loss of  vehicles will be covered but that will have to be confirmed by the vehicle owners.

Bossance said that high tide was not that much of a factor since it occurred at 5:30 am. Most of the high water was runoff from the upper Kitimat River.

Of the fourteen people rescued two were Kitimat residents, the rest from out of town.  Emergency social services has assisted those needed to find housing.

The RCMP will continue increased patrols in the river area until the danger has passed.

Campers rescued from Kitimat River bank after heavy rain storm

Heavy rain and strong winds combined with high tide overnight Sunday, September 11 flooded out fishers and campers along the Kitimat River.

The RCMP say  twelve people were rescued via boat and two by helicopter, mostly along the Big Spruce bank.  The RCMP say all are currently accounted for, although police say they will have to check the riverbanks once the water levels drop in about 48 hours.

Another view of the RV that was swept into the river. (Robin Rowland/Northwest Coast Energy News)

Kitimat Search and Rescue, Kitimat Fire and Rescue, RCMP and Terrace Swift Water Rescue participated in the operation.

The RCMP is asking the public to contact them about concerns about people who may be overdue or possibly missing at 205-632-7111.

A large recreational vehicle is surrounded by swift water on the Kitimat River, Sept. 11, 2017. (Robin Rowland/Northwest Coast Energy News)

It is estimated that the river quickly rose about four metres. The rising water made it impossible for some people to retreat to the Dyke Road.

The first calls for help came to RCMP about 2 am Monday, with more around 3:30 am and the rescue began at first light about five hours later.

Environment Canada issued a heavy rainfall warning at noon on Sunday, calling for at least 66 millimetres of rain. It appears that some of the campers were either not aware of the warning or thought they could ride out the storm.

Perhaps as many as a dozen recreational vehicles were flooded or swept into the river, along with a pickup truck and a small car.

Some of those who were evacuated from the riverbanks were sheltered at the Riverlodge Recreation Centre.

Environmental and fisheries officials will be checking for any pollution in the river once conditions are safe.

The District of Kitimat is warning people to stay away from the riverbanks since the swift water can quickly destablize the soil along the river. The District has closed Radley Park and Hirsh Creek parks for the remainder of the season. The Dyke Road and Big Spruce roads are also closed.

Northern Gateway announces it will not appeal Appeal Court decision that stopped project approval, will continue “consultations”

 

Northern Gateway pipelines says the company will not appeal the Federal Court of Appeal decision that blocked the approval certificate by the Joint Review Panel and the National Energy Board because there had been insufficient consultation with First Nations.

UPDATE  Vancouver Sun reports Federal government will also not appeal decision

OTTAWA — The federal government is joining Enbridge Inc. in not appealing a Federal Court of Appeal ruling quashing a 2014 Conservative decision to approve the $7.9 billion Northern Gateway pipeline, Postmedia has learned.

 

John Carruthers, President of Northern Gateway said in a news release, “We believe that meaningful consultation and collaboration, and not litigation, is the best path forward for everyone involved. We look forward to working with the government and Aboriginal communities in the renewed consultation process.”

Northerngatewayroutemapdec2012w

Northern Gateway news release

VANCOUVER, Sept. 20, 2016 /CNW/ – Northern Gateway will not appeal a recent Federal Court of Appeal decision that reversed the project’s federal approval certificate. The Federal Court of Appeal found that the National Energy Board’s Joint Review Panel recommendation was acceptable and defensible on the facts and the law. The Court, however, concluded that further Crown consultation is required.

Northern Gateway supports the path outlined by the Federal Court of Appeal for the Federal Government to re-engage with directly affected First Nations and Métis communities to ensure thorough consultation on Northern Gateway is undertaken.

Statement from John Carruthers, President, Northern Gateway:

Ray Philpenko
Northern Gateway’s Ray Philpenko gives a presentation on pipeline leak detection to Kitimat Council, Feb. 17. 2014. (Robin Rowland/Northwest Coast Energy News)

“We believe that meaningful consultation and collaboration, and not litigation, is the best path forward for everyone involved. We look forward to working with the government and Aboriginal communities in the renewed consultation process. We believe the government has a responsibility to meet their Constitutional legal obligations to meaningfully consult with First Nation and Métis. It also reflects the first priority of Northern Gateway and the 31 Aboriginal Equity Partners to build meaningful relationships with First Nation and Métis communities and ensure their voice is reflected in the design of the project.

We believe that projects like ours should be built with First Nation and Métis environmental stewardship, ownership, support, and shared control. Northern Gateway, the Aboriginal Equity Partners, and our commercial project proponents remain fully committed to building this critical Canadian infrastructure project while at the same time protecting the environment and the traditional way of life of First Nation and Métis and communities along the project route.

In order to encourage investment and economic development, Canadians need certainty that the government will fully and properly consult with our nation’s Indigenous communities. We look forward to this process and assisting those communities and the Federal Government with this important undertaking in any way we can.

The economic benefits from Northern Gateway to First Nation and Métis communities are unprecedented in Canadian history. As part of the opportunity to share up to 33 percent ownership and control in a major Canadian energy infrastructure project, the project’s Aboriginal Equity Partners will also receive $2 billion in long-term economic, business, and education opportunities for their communities.

The project would add over $300 billion to Canada’s gross domestic product over the next 30 years, 4,000 construction jobs and 1,000 long-term jobs, $98 billion in tax revenue, and an estimated $100 million investment in community programs and services. Northern Gateway will provide a badly needed multibillion dollar private infrastructure investment in Canada’s future.”

Statement from the Aboriginal Equity Partner Stewards (Bruce Dumont, President, Métis Nation British Columbia; David MacPhee, President, Aseniwuche Winewak Nation; Chief Elmer Derrick, Gitxsan Nation Hereditary Chief; Elmer Ghostkeeper, Buffalo Lake Métis Settlement):

“We support Northern Gateway’s decision to not appeal the recent decision by the Federal Court of Appeal. This is a reflection of the commitment to the new partnership we are building together and their support of meeting Constitutional obligations on government to consult.

The Federal government has publically stated they are committed to reconciliation with First Nation and Métis communities. As such, we are now calling on this same government to actively and fully undertake the required consultation as directed by the Federal Court of Appeal in relation to the Northern Gateway project.

The Aboriginal Equity Partners is a unique and historic partnership that establishes a new model for conducting natural resource development on our lands and traditional territories. We are owners of Northern Gateway and are participating in the project as equals.

Environmental protection remains paramount and as stewards of the land and water, and as partners in this project, First Nation and Métis communities have a direct role in the environmental protection of the lands, waters, and food sources along the pipeline corridor and in marine operations. Our traditional knowledge, science, and values will be used to design and operate land and coastal emergency response to make the project better. We believe with this project there is an opportunity to work together with the Federal Government to improve marine safety for all who live, work, and depend on Canada’s western coastal waters.

This ownership ensures environmental stewardship, shared control, and negotiated business and employment benefits. Collectively, our communities stand to benefit from more than $2 billion directly from this Project.

Our communities need the economic and business benefits that Northern Gateway can bring. We are focused on ensuring our communities benefit from this project and are actively involved in its decision making so we can protect both the environment and our traditional way of life through direct environmental stewardship and monitoring.

Our goal is for Northern Gateway to help our young people to have a future where they can stay in their communities with training and work opportunities. We remain committed to Northern Gateway and the opportunities and responsibilities that come with our ownership. We also remain committed to working with our partners to ensure our environment is protected for future generations.”

 

National Geographic maps Haisla and other First Nations’ traditional territory, pipeline routes and BC ‘s wild salmon

The September issue of National Geographic includes a large map of British Columbia it calls “Claiming British Columbia.”

natgeohaisla3
(National Geographic)

The map has three themes: First Nations’ traditional territory, the routes of proposed pipeline projects, both LNG and diluted bitumen, and it features a sub map that looks at what the map calls the “Troubled Salmon” fishery.

The cartographers at National Geographic are being very careful, avoiding such troubling issues as competing land claims among First Nations, unresolved land claims with the federal and provincial governments and treaty status.

natgeohaisla
(National Geographic)
(National Geographic)
(National Geographic)

So by and large the map groups First Nations by language group unless there are definite treaty or reserve boundaries. Large reserves under the Indian Act are on the map, but given the post stamp size of many reserves in British Columbia, those reserves are too small to be seen on the map. Towns and cities are identified as “First Nations” communities which often overlap with settler communities. Again the map misses many smaller communities, so Kitimat is on the map, while Kitamaat Village is not.

(National Geographic)
(National Geographic)

The map identifies Haisla traditional territory as “Xenaksilakala/Xa”islakala” and also includes the Kitlope Heritage Conservancy Protected area.

The article in the September issue is called The Pacific Coast, but unfortunately there is not much of a tie-in with the map, since it concentrates on California and Alaska with only a passing mention of British Columbia.

On the obverse side of the map is the poster that is promoted on the magazine cover, a beautiful painting of “The Changing Pacific Coast” which covers kelp and every creature from phytoplankton and zooplankton all the way to humpback whales and sea gulls (but for some reason no bald eagles). It is likely that poster will be on display in classrooms up and down the coast before school opens next week.

NEB indefinitely suspends any consideration of Northern Gateway

The National Energy Board has indefinitely suspended its consideration of the $7.9 billion Northern Gateway pipeline project, including the request by Enbridge to extend the deadline for starting the controversial project. The Joint Review Panel conditions had set December 31, 2016 as the time that Enbridge had to start the project.

In a letter to John Carruthers, president of Northern Gateway Pipelines, Sheri Young, secretary to the Board said that suspension came after the Federal Court of Appeal quashed the permission certificates for the project.

As a result of the decisions quashing the Certificates, the Board is suspending indefinitely its consideration of the application to extend the sunset clauses of the Certificates and is not accepting any further comments on it, including comments from Northern Gateway and AEP. The Board is also suspending indefinitely its consideration of all filings related to the conditions attached to the Certificates.

In May the NEB had told Enbridge that is would consider a request by Enbridge to extend the deadline and accept comments from the public until June 27, 2016 and reply comments from the applicants by July 18, 2016.

Cover of JRP ruling
Cover of Volume 2 of the Joint Review ruling on Northern Gateway

In a decision released on 30 June 2016, the Federal Court of Appeal quashed Order in Council P.C. 2014-809 which is the order directing the Board to issue the Certificates for the Project. The Court also quashed the Certificates.

 

The original Joint Review Panel report in December 2013 had set 209 conditions for the construction and operation of the pipeline, which would have carried oil sands bitumen from Bruderheim, Alberta, to Kitimat, for shipment to Asian customers.


Letter to Northern Gateway-Suspension of the sunset clauses-A5D7Z9
(PDF)

Federal Court of Appeal overturns approval of Northern Gateway

In a two to one decision, the Federal Court of Appeal has overturned the Harper government’s approval of the Enbridge Northern Gateway Pipeline, finding that the federal government’s consultation process  with First Nations on the BC coast that occurred after the NEB decision and the Joint Review Panel Report was inadequate, saying:
federalcourtofappeal

We conclude that Canada offered only a brief, hurried and inadequate opportunity in Phase IV—a critical part of Canada’s consultation framework—to exchange and discuss information and to dialogue. The inadequacies—more than just a handful and more than mere imperfections—left entire subjects of central interest to the affected First Nations, sometimes subjects affecting their subsistence and well-being, entirely ignored.

The dissenting judge found that the federal government under Stephen Harper had adequately consulted the First Nations. The split decision means that one of the parties, either the federal government, Enbridge Northern Gateway or the Canadian Association of Petroleum Producers may seek leave to appeal to the Supreme Court of Canada.

Read the decision
Northern Gateway decision  (PDF)

Other Media
Globe and Mail
Appeal court overturns Ottawa’s approval of Northern Gateway pipeline

CBC
Northern Gateway pipeline approval overturned

BC launching major study of Kitimat River, Kitimat Arm water quality

The Environmental Protection Division of BC’s Ministry of Environment is launching a major study of the water quality in the Kitimat valley, first on the Kitimat River and some of its tributaries and later on the Kitimat Arm of Douglas Channel.

There has been no regular sampling by the province in Kitimat since 1995 (while other organizations such as the District of Kitimat have been sampling).

Jessica Penno, from the regional operations branch in Smithers, held a meeting for stakeholders at Riverlodge on Monday night. Among those attending the meeting were representatives of the District of Kitimat, the Haisla Nation Council, LNG Canada, Kitimat LNG, Rio Tinto BC Operations, Douglas Channel Watch, Kitimat Valley Naturalists and the Steelhead Society.

As the project ramps up during the spring and summer, the ministry will be looking for volunteers to take water samples to assist the study. The volunteers will be trained to take the samples and monitored to insure “sample integrity.” Penno also asked the District, the Haisla and the industries in the valley to collect extra samples for the provincial study and to  consider sharing historical data for the study.

With the growing possibility of new industrial development in the Kitimat valley, monitoring water quality is a “high priority” for the province, Penno told the meeting. However, so far, there is no money targeted specifically for the project, she said.

Fishing and camping on the Kitimat River
Camping and fishing on the Kitimat River. (Robin Rowland/Northwest Coast Energy News)

The purpose of the study is to make sure water in the Kitimat valley meet the provinces water quality objectives, which have the aim of watching for degradation of water quality, upgrade existing water quality or protect for designated uses such as drinking water, wildlife use, recreational use and industrial water supplies as well as protecting the most sensitive areas. It also provides a baseline for current and future environmental assessment. (In most cases, testing water quality for drinking water is the responsibility of the municipalities, Penno said.  The province may warn a municipality if it detects potential problems, for example if a landslide increases metal content in a stream).

Under the BC Environment system, “water quality guidelines” are generic, while “water quality objectives” are site specific.

One of the aims is to compile all the studies done of the Kitimat River estuary by the various environmental impact studies done by industrial proponents.

The ministry would then create a monitoring program that could be effectively shared with all stakeholders.

At one point one member of the audience said he was “somewhat mystified” at the role of Fisheries and Oceans in any monitoring, noting that “when you phone them, nobody answers.”

“You mean, you too?” one of the BC officials quipped as the room laughed.

Water quality objectives

The last time water quality objectives were identified for the Kitimat River and arm were in the late 1980s, Penno told the meeting. The objectives were developed by the British Columbia government because of potential conflict between fisheries and industry at that time. The objectives were developed for the last ten kilometres of the Kitimat River and the immediate area around the estuary and the Kitimat Arm. “The Kitimat is one of the most heavily sport fished rivers in Canada,” she said.

However, the work at that time was only provisional and there was not enough water quality monitoring to create objectives that could be approved by the assistant deputy minister.

There has been no monitoring of the Kitimat River by BC Environment since 1995. “We’ve had a lot of changes in the Kitimat region, with the closure of Methanex and Eurocan, the modernization of Rio Tinto and potential LNG facilities.”

The main designated uses for the Kitimat River at that time were aquatic life, wildlife with secondary use for fishing and recreation.

She said she wants the stakeholders to identify areas that should be monitored at first on the river and the tributaries. Later in the summer, Environment BC will ask for suggestions for the estuaries of the Upper Kitimat Arm.

Participants expressed concern that the water supply to Kitamaat Village and the Kitimat LNG site at Bish Cove as well as Hirsch Creek and other tributaries should be included in the study. Penno replied that the purpose of the meeting was to identify “intimate local knowledge” to help the study proceed.

After a decade so of cuts, the government has “only so much capacity,” Penno said, which is why the study needs the help of both Kitimat residents and industry to both design the study and to do some of the sampling.

The original sampling station in the 1980s was at the Haisla Boulevard Bridge in Kitimat. A new sampling station has been added at the “orange” Kitimat River bridge on Highway 37. There is also regular sampling and monitoring at Hirsch Creek. The aim is to add new sampling points at both upstream and downstream from discharge points on the river.

The people at the meeting emphasized the program should take into consideration the Kitimat River and all its tributaries—if budget permits.

Spring freshette

Last year, the team collected five samples in thirty days in during four weeks in May and the first week in June, “catching the rising river quite perfectly” at previously established locations, at the Haisla Bridge and upstream and downstream from the old Eurocan site as well as the new “orange bridge” on the Kitimat River.

The plan calls for five samples in thirty days during the spring freshette and the fall rain and monthly sampling in between.

The stakeholders in the meeting told the enviroment staff that the Kitimat Valley has two spring freshettes, the first in March during the valley melt and later in May during the high mountain melt.

The plan calls for continued discussions with the industry stakeholders, Kitimat residents and the Haisla Nation.

The staff also wants the industrial stakeholders to provide data to the province, some of it going back to the founding of Kitimat if a way can be found to make sure all the data is compatible. One of the industry representatives pointed out, however, that sometimes data is the hands of contractors and the hiring company may not have full control over that data.

There will be another public meeting in the summer, once plans for sampling in the Kitimat Arm are ready.