Tag: NEB

Ecojustice challenges fairness of JRP, PMO responds with another attack on “foreign radicals”

Just who is interfering with the fairness of the Northern Gateway Joint Review panel hearings?

Almost every day since the hearings began in Kitamaat Village, intervenors have raised questions about the fairness of the hearings, especially after Prime Minister Stephen Harper and Natural Resources Minister Joe Oliver began attacking what they called “foreign radicals,” the government say are “hijacking” the hearings.

Perhaps the most dramatic moment in the hearings, so far, came in Smithers, on January 16, 2012 (without the national media present) when the leaders of the Wet’suwet’en First Nation brought up the question of political interference in the hearings.

Chief Alphonse Gagnon, of the Laksamshu clan, summed it up this way.

Before this Panel started, we had Prime Minister Harper make a comment about how he agreed with this proposed pipeline and also the Minister in charge agreeing with the pipeline.

The Minister in charge talked about the effects if the pipeline don’t go through, the financial effects on the government and the financial effects on industry itself, on jobs that would be created.

This is the stuff that happened just before we got into this. This is the stuff that was coming onto the news last week.

Now, that’s them talking about the fact that this — what will happen if the pipeline don’t go through. My question is the other way around; what will happen if the pipeline goes through?

The same day, Chief George Williams of the Tsayu clan, said to the Joint Review panel:

Wakoos; somebody should tell Stephen Harper of what wakoos meant.
Wakoos means respect. It is our job, Tsayu, Laksilyu, Gilseyhu, Laksamshu, to
protect our territories. Our language, our culture comes from the territories. Harper should show wakoos, respect, and come to our territory and put on a feast and let us know what his plans are.

The first day of the hearings weren’t as dramatic, but on that day, on the first morning, Haisla chief Henry Amos said:

I have nothing against the Panel but I’m concerned. I’m concerned about the decision making of this project; that Ms. [Sheila] Leggett and Mr. [Kenneth] Bateman both work for the National Energy Board, one as a Vice-Chair and the other one as a Chair of the Regulatory Policy Committee, I believe — correct me if I’m wrong — and Mr. [Hans] Matthews, First Nation from the Eastern Province of Ontario.

When I think about it — and this is my own personal opinion — we, the Haisla are already at a disadvantage. We have no representation from the Province of British Columbia.

I realize your tasks. I also know that you’re an independent body, which is good in a way, but what bothers me the most is that you’re appointed, I think from your information it was from the Minister of Environment and the National Energy Board. You’re appointed by the Federal Government and it’s the same government
that is telling the world that this project should go ahead. That is my biggest concern.

Chair Sheila Leggett then cut off any discussion of the fairness of the hearings, as she would from then on, by saying:

Chief Amos, we’re here today to listen to your oral evidence that wouldn’t be able to be put in writing, and the example we’ve been using in the Hearing Order and the information we’ve been publishing is that it would be traditional knowledge.

So I’m hoping that your comments will be along those lines because that
is what we’re here to listen to today.

Just a few hours later, Haisla chief counsellor Ellis Ross wrapped up the first day of hearings by saying: “I came into this meeting today thinking I was going to rant and rave about the comments made by Harper and Oliver and then I found myself basically trusting you guys to assess everything we said here and take it into consideration.”

Ecojustice motion

After three weeks of hearings, on Friday, January 27, the Vancouver environmental umbrella group, Ecojustice, a coalition of the Raincoast Conservation Foundation, the Living Oceans Society and Forest Ethics, filed a motion with the Joint Review Panel calling into question the fairness of the hearings.

The motion asks the panel to

determine if recent statements by the Prime Minister or by the Minister
of Natural Resources who is responsible for the National Energy Board constitute an
attempt by those Ministers to undermine or have had the effect of undermining the
Panel hearing process or the credibility of any intervenor or any person appearing
before the Panel resulting in unfairness in the hearing process, and if so, that the Panel identify the steps it will take to correct such unfairness.

It also calls on the panel to

determine if recent statements by the Prime Minister or by the Minister
of Natural Resources have contributed to an appearance that the outcome of the Panel’s proceedings has been predetermined, undermining the Parties’ and public confidence in the independence of the Panel.

It wants the panel to issue a statement confirming that is independent of and not influenced by statements of the Prime Minister, the Minister of Natural Resources or other Ministers of the Crown.

As well, Ecojustice wants the panel

to confirm that the credibility of Parties and witnesses will be tested only through information requests and cross examination and will not be influenced by statements of the Prime Minister, the Minister of Natural Resources or other Ministers of the Crown.

It calls on the panel to confirm

that the Panel will be guided only by the principles of environmental
assessment and the requirements of the National Energy Board Act and the
Canadian Environmental Assessment Act.

Ecojustice also wants the panel to hold hearings with witnesses to determine whether or not the hearings are fair.

Joint Review Panel spokeswoman Annie Roy told the media that Ecojustice motion will be considered and ruled on “at a later date.” Roy’s e-mail to the media also said:
“The joint review panel for the Enbridge Northern Gateway project is an independent body that was established jointly by the federal minister of the environment and the chairman of the National Energy Board.”

PMO response

Within hours of the Ecojustice filing, the Prime Minister’s Office issued an “InfoAlert,” saying that it was Ecojustice who was interfering with the fairness of the Joint Review Hearings

Foreign radicals threaten further delays

Today, Ecojustice attacked the independence of the Northern Gateway Joint Review Panel.  ForestEthics, Living Oceans Society and Raincoast Conservation Foundation joined them in their attack on the Joint Review Panel.

Here are the facts:

The Northern Gateway is currently going through a careful and comprehensive review process to ensure the proposal is safe and environmentally sound.

Radical groups are trying to clog and hijack the process, rather than letting the panel do its job independently, expeditiously, and efficiently.

Our government has asked that the review process be conducted efficiently and without excessive delays.  We believe reviews for major projects can be accomplished in a quicker and more streamlined fashion.

We do not want projects that are safe, generate thousands of new jobs and open up new export markets to die in the approval phase due to unnecessary delays.

Our Government’s top priority remains the economy and creating jobs.

Canada is on the edge of a historic choice – to diversify our energy markets away from our traditional trading partner in the United States or to continue with the status quo.

The one problem with the statement from the Prime Minister’s Office is that it appears to confirm the fears about the fairness of the hearings. That’s because the PMO release pre-judges the hearings, which are will be ongoing for a year or more by saying that the Northern Gateway is one of the “projects that are safe, [will] generate thousands of new jobs and open up new export markets.”

It is the Joint Review Panel’s decision whether or not the pipeline is safe, and will generate thousands of jobs. It is the Joint Review Panel’s task to decide whether or not the Northern Gateway pipeline is in the national interest.

In its news release, Ecojustice says

The proposed pipeline project is one of the most significant, and controversial, public interest issues in recent memory. The decision around whether or not to build this pipeline is going to affect our country — both the people who live here and the environment — for a long time to come…

This review process is rooted in facts and science — not politics — and it is the most comprehensive and transparent way to fairly weigh the project’s environmental consequences against its economic merits. Given the impact this project would have on our country, it’s absolutely critical that this process is objective, representative of all interests and conducted with integrity and fairness.
This isn’t just an ethical issue – it’s about the principles of fairness and due process.
We filed this motion because Ecojustice believes those participating in the process — and all Canadians — need to hear from the JRP that its process has not been compromised by recent political controversy.

This month, the Prime Minister and Natural Resource Minister Joe Oliver singled out “environmental and other radical groups” for threatening to “hijack” the regulatory system to achieve a “radical ideological agenda” and undermine Canada’s national economic interest.

Minister Oliver has gone so far as to say that he expects the JRP to rule in favour of the project.

The news release points specifically to documents obtained the Climate Action Network and released by Greenpeace, which includes lists of “supporters” and “adversaries” of the bitumen sands.

Adversaries list

According to Greenpeace, the March 2011 “Pan-European Oil Sands Advocacy Strategy” was prepared by by federal bureaucrats to help undermine support in the European Union for cleaner fuels legislation by targetting national and European level politicians

The strategy documents says the government’s “adversaries” as Canadian NGOs and environmental organizations, Aboriginal groups, competing industries. It also singles out the media in Europe, although identification of the media is blacked out.

Most important the document lists the National Energy Board as a government ally, even though it is supposed to be,under the law, an independent quasi-judicial body.

According to the document, government allies include Shell and BP and European industry associations as well as the Canadian Association of Petroleum Producers, federal government departments, Alberta, business associations and unidentified NGOs.

Controversial ally


The Oil Sands Advocacy document mentions the Royal Bank of Scotland as a supporter of the Canadian oil sands that has faced anti-oilsands protests. The Royal Bank of Scotland is currently the centre of a huge controversy in the United Kingdom over an almost one million pound bonus payment to the company CEO, Stephen Hester. Reuters reports, RBS chief’s £1 million bonus sparks anger. The conservative UK media are coming down as  hard on the bonus, Daily Telegraph, MPs may summon RBS pay chief after Hester bonus as the left-leaning Guardian, which reports Anger grows over RBS chief’s £900,000 bonus. The Guardian also exposes the fact that the Royal Bank of Scotland is spent £2.5 million in UK taxpayer’s bailout money on Washington lobbyists in Bailed-out RBS spends millions on Washington lobbyists. (Again it seems foreign interference by big corporations is different than foreign interference by NGOs and environmental groups).

Despite what the Prime Minister’s Office news release has said, so far, not one foreign radical has appeared before the Joint Review Panel to question the fairness of the hearings, rather it has been intervenors, First Nations leaders or local residents.

On the second day of the hearings at Kitamaat Village, Cheryl Brown of Douglas Channel Watch described how the small group at first paid the expenses out of its own pocket.

We paid the expenses from our own pockets and from local donations. We sent out leaflets to make sure that everyone, warning people of the looming deadline. And we sent those out to make sure that everyone in Kitimat was aware of the deadline so they could sign up to speak at the hearings.

At that time, I was very willing to pay for the printing and distribution costs, and I actually had it on my credit card intending to pay it, but I was pleasantly surprised to be reimbursed by Friends of Wild Salmon. We are truly a grass roots organization, and I don’t like the untruths that are being told to discredit groups such as ours.

Personally — personally, not speaking on behalf of Douglas Channel Watch because maybe they wouldn’t want to accept help from the Mafia; I don’t know. But personally, I would welcome any support, financial or otherwise, from any organization, any institution, any country that will help us protect our land and water from oil spills.

Unless polluted by crude oil, our productive, beautiful environment will be around long after the oil has been depleted. The Enbridge project is not worth the
risk. Please do the honourable thing and say no to this dangerous project.

In Burns Lake, on January 17, 2012, on the second day of testimony from the Wet’suwet’en, Chief Ron Austin, Laksilyu Clan, from the House of Ginehglaiyex, the House of Many Eyes,  said.

And to talk a little about the federal and the provincial government, they have to respect our title and rights. Creatures and things of our environment are also involved in our title and rights, how we maintain them.

Government has to live up to the honour of the Crown and deal in good faith. Prime Minister Harper says that it will be a Canadian process that decides whether this project goes through. He should concentrate on respecting our title and rights before any project is slated for our territories.

The Wet’suwet’ens, Nat’oot’ens, Gitxsans of this area all respect our territory, respect living things in our territories, from the smallest creature to the biggest creature.

Another excuse is energy security for Canadians is the reasoning for Harper’s allowing Gateway Project to proceed. Energy security is not enough for destroying the beautiful, pristine environment of northern British Columbia.

 

Respect

Each time in the hearings, when someone brings up the question of fairness, or asks whether or not the outcome has already been predetermined,  wonders if the Joint Review Panel is rigged in favour of the government, chair Sheila Leggett repeats the same words.

In Burns Lake, after the welcoming ceremony, Leggett said:

I was particularly struck with some of the opening comments. This is a tremendous opportunity of learning, certainly for this Panel, of a variety of cultural ways and one of the things that struck me was the explanation, which I appreciated, about the rattle cry and how that signifies straight talk and serious business.

The other thing that I’ve heard over the days that we’ve been in the community hearings to date is the use of the word “respect”. That word “respect” has come up at all of the community hearings that we’ve had.

I wanted to just take a moment before we get into more of the process to
talk about where we’re at at the process at this point. The purpose for the Panel being here at this point is to gather oral evidence. This is the — what we’ve — as cited as examples is the Oral Traditional Knowledge. That’s the information that we’re after at this point.

This process will unfold as we’ve outlined in some of our information and
there will be a point, later on during Final Argument, for all parties to present and bring forward their positions on the Application that’s in front of this Panel.

With the motion from Ecojustice, Leggett’s attempts to put off the continuing question of the fairness of the hearings until the final argument stage more than a year from now are facing a new and formal challenge. At some point soon, the Joint Review Panel will have to rule on whether the hearings themselves are fair and respect Canadians. If the panel doesn’t rule expeditiously, there will likely be a court challenge.

The bigger question is whether or not Stephen Harper and Joe Oliver, as Chief Williams asked, have wakoos, respect, not just respect for the First Nations of British Columbia, but respect for Canadian democracy.

Documents

EcoJustice Motion before JRP on fairness (pdf)

ATIP_Oil Sands Advocacy Strategy (pdf)

Editor’s note: A slight change in editorial perspective for Northwest Coast Energy News

When I founded Northwest Coast Energy News last May, I said at that time that I would follow the general policy of many councils, groups and organizations in northwestern British Columbia of a strictly neutral stance on the issue of the Northern Gateway Pipeline.

It has become apparent in the past few weeks that a strictly neutral stance is no longer possible. It is probably clear from anyone reading this site that, based in Kitimat, this site has a northwestern British Columbia perspective. So that is now the official policy of this site.

It seems that all the arguments from most of the media and now even an Ottawa think tank have decided that Alberta’s interest in bitumen pipeline development is equivalent to the national interest. It is not a breach of neutrality to ask whether the interests of one province are more important than those of another.

From the first two weeks of testimony in the Joint Review Hearings it is clear that a large majority of people in this part of the province believe that Ottawa and Alberta will completely override the interests and fears of the people of northwestern BC.  Thus there is a need for a site that covers the interests of this region.

There are many people in the northwest who have voiced various degrees of support for the Northern Gateway Pipeline. However, speak to them, as I have, and they all say something like “provided Enbridge fulfills its promises for safety of the pipelines and the tankers.”  Here the site’s neutrality will be maintained but in respect for all sides, it will continue to question the motives and promises from the oil-patch.

Are the promises from Enbridge valid and, if the pipeline is actually built, will future management of Enbridge keep those promises?  (Given corporate history in the energy field and elsewhere of management ignoring the promises of their predecessors, this is perhaps the biggest question of all.)

There is a  constant refrain from the conservative media and the government that “foreigners” have hijacked the hearings.

It’s easy for those who live thousands of kilometres from here, have never been here, who have never bothered study this part of the country or speak to the people, both First Nations and non-First Nations, to demonize northwestern BC.  That might be good wedge issue politics, but they forgot that the pipeline has to be built across this land. In the long run, if it is to be built, that would require not just cooperation, but enthusiastic cooperation from everyone. So far, if the Joint Review hearings are any indication, there isn’t even lukewarm cooperation in the offing, rather fierce opposition.

The hearings in Smithers and Burns Lake last week both went into overtime. First Nations leaders at the Burns Lake hearings angrily complained that elders who had come through (and were delayed by)  a snow storm were not permitted to speak.  The JRP assured them that they would make special arrangements for the elders to speak when the panel returns in the future for the ten minute comments. So much for hijacking the hearings.

Speaking of snow, it’s been snowing non-stop in the northwest for the past four days.  It’s still snowing.  As witnesses at the Kitamaat Village hearing pointed out, it’s not easy to find a leak in a pipeline under three or more metres of snow. For the past few days, DriveBC has been issuing warnings for the highways in the region, highways that are well-maintained and cleared. The logging roads and access roads, which would be needed to get to a pipeline just for maintenance, much for less for stopping a breach, of course, are covered in the three metres or more of snow that has fallen in the past four days (on top of all the snow that has fallen since November)

For the past several days, (in fact for most of January)  marine radio has been sending “hurricane force wind” warnings for the coast, especially in Hecate Strait.

Speaking of hurricane force winds, last week the Costa  Concordia, a $450 million cruise ship with all the latest navigation equipment, the same kind promised by Enbridge that the tankers will carry, went off course, hit a rock off a small island and capsized in calm weather under the command of what was likely a rogue captain.

All of this ignored in Edmonton, Calgary and Ottawa. The vast majority of people who are intervenors and who have signed up for the 10 minute comments live in the path of the pipeline, yet the commentariat concentrate, conveniently on “green radicals” and “foreigners.”  Again good wedge politics, but bad long term policy.

There have been suggestions that by the Macdonald-Laurier think tank in the person of Brian Lee Crowley that the beliefs and values can be solved with the political process.

Even if we ignore that fact that the government of Stephen Harper has, in many cases, open disdain for those who are not conservative, we have to question how much political influence northern BC has, no matter what the government.

The one riding most affected by all this is Skeena-Bulkley Valley, one of the largest ridings by land area, and smallest by population, in Canada. Even those who support the Northern Gateway pipeline, in one way or another, have little faith in Ottawa.  Take such ongoing issues such as the export of raw logs or the way much of the recreational halibut season this year was wiped out by the Department of Fisheries and Oceans, which appears to favour corporate commercial fishers over small recreational operations.  The Harper government wants hundreds of super tankers sailing up and down the west coast and coming up Douglas Channel, and yet the same government is cutting Coast Guard and DFO resources to the bone. (The official Canadian Coast Guard response time for an incident in Douglas Channel now is eight hours.  That is likely to increase with the cutbacks. The Italian Coast Guard responded to the Costa Concordia sinking in minutes.)

Even when the northwest asks the Harper government to support energy development (in this case LNG) by stationing Canada Border Services at Terrace Kitimat airport so foreign executives won’t have to land at Abbotsford first, costing them time and jet fuel, the government in the person of Public Safety Minister Vic Toews gives the northwest a not so polite brush off.

One piece of advice to Edmonton, Calgary and Ottawa.  If you really want that pipeline, you’d better stop demonizing the people most affected (some of whom support the pipeline but are tarred with the same brush). That “vociferous minority” is actually a majority here.

The late American congressman Tip O’Neill is often quoted when he said “all politics is local.”

Since Ottawa, at this point, wants Alberta local politics to trump northwestern BC local politics on the pipeline issue, that means we are living in very interesting times.

That is why this site will continue to cover the issues involved as completely as time allows, from the perspective of northwestern British Columbia.

 

 

 

 

 

 

 

Flanagan suggests that Harper use constitutional override clause to force through Northern Gateway

CBC Inside Politics Blog According to the CBC Inside Politics blog, Tom Flanagan, a former advisor to Prime Minister Stephen Harper, a professor at the University of Calgary and a frequent guest on CBC’s Power and Politics is advocating the use of constitutional override clause to force the completion of the Northern Gateway pipeline. You can read Max Paris’s complete blog Hard advice on Northern Gateway pipeline here.

Flanagan also suggests using the same power to “settle” aboriginal land claims. On Power and Politics he said:

[T]oughness is needed right now. You’ve got to signal that you’re serious about this. No, no, I support that completely. Other advice I’d be giving if I were asked, I’d be researching the constitutional powers of the federal government…the declaratory power which will allow the federal government to declare something to be a work for the national interest. Also a possibility of a legislative settlement of aboriginal claims.

According to the blog “declaratory power” is in section 92(10)(c) of the Constitution Act of 1867. It reads thus:

Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.

The blog also quotes Bruce Ryder, a constitutional law expert and prof at Osgoode Hall, as saying: “It’s a valid legal power that Parliament possesses. To use it would raise an outcry and be intensely controversial from the point of view of constitutional convention or practices that have evolved to reflect contemporary understandings of federalism that treat the provinces and the federal government as equal.”

Ryder figures Flanagan considers B.C. a bit of a wildcard in this whole Northern Gateway Pipeline business. Using 92(10)(c) is his ham-fisted… but totally legal… way of getting around any potential problems with Victoria. It’s Tom’s version of how to crush political dissent and coerce provinces.

Even the hint of a constitutional override can only increase the skepticism and mistrust of the Joint Review Panel and the process.  That skepticism and mistrust has been expressed at every single session over the first two weeks, despite the futile attempts by panel chair Sheila Leggett who tries to tell people to leave the criticism until the final argument sessions.

 

 

 

Kitimat voices at the Joint Review: Peter G. King

Northwest Coast Energy News will use selected testimony from the Joint Review hearings, where that testimony can easily turned into a web post. Testimony referring to documents, diagrams or photographs will usually not be posted if  such references are required. Depending on workload, testimony may be posted sometime after it originally occurred. Posting will be on the sole editorial judgment of the editor.

 

I’ve been a resident of Kitimat for 53 years and the issues, as I see them, are economic diversity and challenges. One of the problems we face is urbanization. We end up with whole populations centred in large areas. This may work fine when things are going well, but it doesn’t work fine when things break down. does it work?

In the Vancouver area, people live in Delta and work in North Vancouver or go to university in UBC and live in Abbotsford. This would involve a two-hour commute both ways, totalling four hours in travel.

Then there’s the cost of travel to and from work, counting vehicles, fuel, parking and all extras that go along with it. The commute can cost $40 a day, on average. Of course, this is — there is mass transit, but the problem with mass transit is it sets up in the most economical way for obvious reasons.

But by doing this, it adds an hour to the commute on either end, so now the commute is three hours each way, so there is a trade-off, but it’s equal in the end.

For both people to work with and the same amount of cash out of pocket, the person who drives to work ends up having to work two hours a day more to pay for the commute but by the time — the way home would work out to be the same.

Of course, you could live closer to work, but that involves the same financial trade-off; if you live near your work, your residence will cost more. If you work close to where you live, your job may not pay as well.

Social diversity. Let’s pick up where the home/work example left off. If you live in a small area, without trying, a person’s quality of life increases by adding three hours to their home or leisure time. Since everyone lives within 15-minute drive to work or 30-minute bus ride away, no parking.

Crime is a major social problem in large centralized areas. If there is a crime in Vancouver, there’s thousands of possible suspects over hundreds of square miles and it could take weeks and months to solve the crime. In a small area, you have three possible suspects; one was in the hospital, one was at work, leaving you with one suspect; crime takes eight hours to solve in small areas.

Violence, for instance, if you see a fight in the street in Vancouver area, you do not know either person, so you’re isolated from it. In small areas, there’s a good chance you know both parties; this gives you a greater need to get involved and help solve the issue.

Children. When you go to Vancouver, you seldom see children playing in the street. For one, traffic is so much higher, but making friendship bonds is a problem as well. In small areas, children on the street will go to the same school, play on the same hockey team, shop at the same grocery store, go to the same church. The odds of this happening in a large area is very remote.

Thirty minutes after leaving the Vancouver Airport Terminal, your sinuses plug up. The reason is the concentration of car, truck and industrial pollution in the air. Nature has the ability to clean itself if the concentration levels are not too high, but in large centres we always suffer from bad air quality and water quality from what we have seen earlier with many commuters, most of which is with engines idling.

If I went to a local river and put a teaspoon of oil in a rural river, it would not be noticed by anyone, not by the river, not by the wildlife, but in a large centre you could have the equivalent of one million teaspoons of oil put in river waterways just from the storm sewers.

The concentration of human, chemical waste in the septic sewer systems going into the waterways in Vancouver is evidenced from these problems.

This is why there’s the discussions of dead zones at the mouths of waterways of large populated areas in the world. A horse can carry 10 tonnes on its back as long as it’s done in small amounts over long periods of time. If you put a whole 10 tonnes on a horse’s back at one time, you would kill it, and you don’t have to be a scientist to understand why.

If you’re sitting down and drink four litres of bleach, you would die, but if you diluted it one-part-per-million in water and then drank it over a lifetime, you could drink four litres of bleach and there would be no effects on your body at all because you’d probably have — you’ve not overwhelmed your body. It may have benefits by preventing harmful bacteria’s from increasing in the water.

Chances of a spill. The busiest waterway in the world is the Suez Canal.
There were 7,987 ships of all descriptions passing through it in 2010; that is 22 ships a day. The channel is 24 metres deep and 205 metres wide in 2010. The channel is a single lane and passes at — I hope I pronounce it — Ballah bypass, and in the greater Bitter Lake contains no locks and seawater flows privy through the channel.

Some supertankers are too large to traverse the channel. Others can offload part of their cargo into channel boats, reducing their draft, then transit to reload at the other end of the channel.
The Douglas Channel is 1,400 metres wide at its narrowest part. That is seven times wider than the Suez Canal. The Douglas Channel is also 200 metres deep, that is eight times deeper than the Suez Canal.

Piracy off the Coast of Somalia has been a threat in the Suez Canal since the 21st century. Piracy is not a problem in the Douglas Channel.

War zones. The Suez Canal was a target in World War I, World War II, and a few regional wars, and probably is a target in the near future. Being in a war zone is not a problem for the Douglas Channel.

Global diversity. My family and I are very blessed. We are healthy, wealthy and happy. Do I, as a person, have the right to deny other people in the world the same dreams and blessing? If this permit is denied, people in other areas of the world will have to pay more for energy for different reasons. We see the tsunami, earthquakes putting pressure on Japan and its nuclear power program.

If it is denied, I will be able to pay less for our energy. Globally, is this fair?

If I have all the food and I refuse to sell it to 100 starving people, should I be surprised when they take it from me for force? Should I have the ability to stop other people in the world from getting energy? No. But I have the ability to control how the energy is used in an economic, social, environmentally responsible way.

In conclusion, I would like to encourage the approval of the export licence at Kitimat for economic, social, environmental diversification locally and worldwide.

 

Kitimat voices at Joint Review: Murray Minchin Douglas Channel Watch

Northwest Coast Energy News will use selected testimony from the Joint Review hearings, where that testimony can easily turned into a web post. Testimony referring to documents, diagrams or photographs will usually not be posted if  such references are required. Depending on workload, testimony may be posted sometime after it originally occurred. Posting will be on the sole editorial judgment of the editor.

By Murray Minchin

I’ve been here since I was about four years old. I’m 52-ish now so I’ve been here for 48 years. I’ve left for school, went to college. I would go travelling and then — but I always came back. Like the power of this place always drew me back.

I’ve hiked almost every mountain in the region and I’ve hiked the rivers and particularly the little tiny side creeks that run down the mountain sides here. And as you drive in there’s a little tiny creek that runs into the marina at Minette Bay.

So if you’re ever back, there’s a hint to you, there’s about 12 waterfalls on that little tiny inconsequential creek that nobody ever even thinks about. I suggest you take a walk up there because it’s incredibly beautiful. This area is loaded with places like that, that are singularly beautiful on a really small scale when you step back from the whole and you go into these little tiny spots. They’re just amazing.

I’ve sea kayaked quite a bit. My wife and I spent six months sea kayaking down the whole coast of British Columbia. We did two months in the winter, two months in the spring and fall and two months in the summer. So we did six months over the whole year.

It takes about two weeks when you’re out there for just the mess — the extra stuff in your head from our society and our way of life to just kind of drop away, and after about three weeks then you begin to open your eyes and you begin to feel comfortable in a place. Like you become essentially really comfortable in the environment.

When we got to Port Hardy we booked a motel room and walked in the motel room and we sat down on the floor and we started going through our gear and started talking.

It took about 15 minutes before we realized that there were chairs in the room and we could sit on them. Like we were just so in tune with being out in the bush and — like that really changes your perception of the world. You know, like you become a little more aware.

Now, like for me, when I walk into the forest here it’s like an embrace.
There’s — it’s a palpable feeling to me that I feel completely embraced and at home in this environment.

I dropped over in the Mount Madden or into the Skeena watershed into a cirque that was surrounded by waterfalls dropping into it. So I couldn’t hear anything but the waterfalls, and as I came around the lake I heard the sound of a grizzly bear just screaming his head off and I couldn’t tell where it was coming from because the sound was echoing off the rock walls.

You know, I had to hunker down under trees and then just stop and think,
okay, like take it easy, don’t do anything too fast, take your time, make the right
choice. Experiences like that sort of show you that you — our place in the environment isn’t as strong as we think we — as it is. Like the environment has a lot more drastic effect on us than we realize.

Oh, and it was a couple of decades later I was listening to the CBC radio and I heard that sound again, and evidently it was older mature cubs fighting over a kill, cause I recognized that sound right away. But when I was out there I didn’t know, I thought it was directed towards me, possibly.

My daughter was two or three years old when I began taking her into the forest. Just past here there’s the marina, and then if you take a trail past the marina, there’s a totem pole in the forest, and you take a walk past the totem pole, you follow this trail that goes along the shoreline. So she was on my hip and we were walking through the forest.

I walked off to the side and I picked a red huckleberry off the bush and then gave it to her, and she popped it in her mouth and then, like her eyes lit up and she started jumping, you know, because she started pointing and now I had to walk through the forest to every red huckleberry bush so that she could get a taste of the red huckleberries. Now that’s part of her life and that will be part of her oral history.

On part of that trip we had a couple experiences, — on our kayak trip we had some experiences- just trying to figure a way to frame this — like yesterday at Haisla we were saying that in particular with the whales, like they’re here but in the past there was a great number of them, you know.

On our kayak trip after leaving Bishop Bay we came out on to three sleeping humpback whales, which was an amazing experience for us. But as I understand now, in the past, there would have been a lot more. And I’m really — fills me with hope to hear that they’re coming back. And it’s some disconcerting to think that that could be jeopardized in any way.

Kanoona Falls. It’s just above Butedale. Like here water is everything. we got stuck there for four days in big storms near hurricane force storms and it was raining really hard. This river was in flood; it was up into the trees on either bank and it was running completely pure, like there was no sediment in it. There It wasn’t muddy. It was just a pure river running
wild. And this is what the Kitimat River must have looked like in the past, you know, running pure in flood and no sediment.

There’s so much rain here that in mid-channel — like a channel could be two or three miles wide and there’s so much rain coming off the mountains, through the rivers and streams into the ocean that the seagulls take freshwater baths at mid-channel. It makes me wonder, scientists being who they are, engineering being who they are, the Proponent trusting their advice, has made estimations on spill response and stuff with materials and saltwater.

In the winter here you’d have to go down a foot, probably, before you find saltwater and in fact we had the sea kayak 140 kilometres south from Kitimat before salted to encrust on our decks. That’s how much freshwater is out there.

So any of the Proponent’s estimations on spill response times in saltwater, which is denser of course, should be looked at or refigured because saltwater being denser would hold the product underneath the level of the freshwater on top.

Here it rains like crazy, just suggested by the moss that you can barely see in the contrasting photograph but the forest here filters the rain so that it enters
into the rivers and the rivers run clean and the salmon and the eulachon spawn in the clean river which brings the bears; the bears carry the fish into the forest, don’t eat all of the fish and then it feeds the forest when then filters the rains for the next — for the next salmon coming up.

It snows like crazy here, like I said, you guys are really lucky that you dodged one by coming here when you did. Like four-foot snowfalls are an amazing thing to you. You know, it’s not a snowfall it’s a force of nature.

If you catch a snowflake on your tongue, one of those snowflakes on your tongue you wait for it to melt, it doesn’t and you have to chew it; like they’re twice the size of a toonie, you know, and a quarter inch thick. It’s hard to imagine but it’s a force of nature when it’s snowing like that which brings concerns about access issues, obviously.

[There are] access issues, just daily access issues anywhere, particularly on to logging roads or access roads into the wilderness, there are going to be of a great concern and even more so in emergencies when equipment and materials have to be moved anywhere.

Another problem we have here in thinking about liquid petroleum product moving through this territory is the length of out winters. The average night time low is below freezing for five months of the year and for another one of those months it’s just one degree above freezing; so things can lock up and be under ice for months at a time.

If there is any slow leak — for lack of a better term — which we haven’t been able to iron out through the information request process, you know, a spill could go for weeks without being recognized, even if the weather is good enough to get a helicopter up to fly over the area. Things could be under the ice and invisible until it gets to Kitimat and somebody notices that there is a spill happening.

This is a sapling that is growing in an estuary and it tried, I mean it tried everything it had, it had branches ripped off, the prevailing winds and it struggled but eventually it just got pushed over and died because it was in the wrong place, which I think much like this proposal and this attempt to get tar sands, bitumen from Alberta to Asia and California is — it’s just in the wrong place.

So this, to me, this is in the wrong place and this is just the first such proposal that’s reached this level of inquiry or to reach the Joint Review Panel stage, it doesn’t necessarily make it the right one and that’s really important, especially considering how much — how many forces they’re being applied to use. Well, to buy different entities to approve this project.

It’s really important to remain cognisant of the fact that this is just the first
one; it doesn’t make it the right one.

Getting back to the environmental aspect of this; this is a nurse log. You can’t see it because of the contrast of the projector. But it’s a nurse log with little tiny seedlings of more hemlock trying to grow through it. The fungus is breaking down the log. And this natural system, if it’s allowed to play out, will recover.

If we give this place a chance to recover, it will; the cumulative effects of all the industry that’s been in here and the damage it’s done over time.

It’s shocking to think in 60 years you can kill a river. And that’s what’s happened here. We’ve almost done it. Like the salmon are hanging on because of the hatchery. The eulachon are almost gone.

If we give it a chance, it can recover. The humpback whales are coming back this far into the channel. Like we saw one in front of the — I don’t know if you’ve eaten at that — the restaurant here, but last year we were here and there was one feeding right outside on the beach, just off — about 100 feet off the beach.

So if we give it a chance, it will recover. And to threaten that in any way is — morally, for me, it’s just wrong. To risk so much for so little short term gain is not part of my mindset. I can’t comprehend that.

Like this spruce on Haida Gwaii; it’s on the Hecate Strait side of Haida Gwaii. You know, it’s in from the beach a little bit but, you know, with the 120 kilometre an hour, 100-whatever an hour kilometre an hour with northerly outflow winds we have around here, even a place like this would get spray from bitumen that’s coming in at high tide.

This is a tree that’s just barely hanging on, on Cape George. It’s on the southern end of Porcher Island with Hecate Strait in the background. And it’s just an example of what things have to do here when — to try and survive when the environment is so severe.

We paddled up into here on our sea kayaking trip, we came in at high tide and we were looking up at the rocks and then back into the distance and there was still nothing growing. It was just incredible to think.

So after we set up camp, I came around here and then took this photograph because where the water is, is high tide and beach logs are normally pushed up down the line along the shoreline, you know, nice and neatly tucked against the forest by the high tides.

these are just scattered all over the rocks, and that’s because the waves there are so big in the wintertime when the southeast storms come in that, I mean, like there’s nothing living for 10 feet up and, I don’t know, 70, 80 feet back because of the continual, every year storms coming in and pushing these logs and rolling them around.

Huckleberries, beach grasses, hemlock trees, anything will — if there’s any available space for something to grow, it’s going to grow. So this just speaks to the fact that the storms here are so continual and so severe that it’s a recipe for disaster.

You get waves crashing in on — so high onto a ship that the spray is getting down into the air ducts and down into the mechanics of the ship and then you’re adrift.

It’s a different — like after you — from travelling east, once you come into the Skeena Valley and you cross over that coast Range Mountains, everything is different. All your precepts from Alberta, Saskatchewan, Ontario, don’t matter here. There are severe environmental risks here beyond anything else in Canada.

I mean, the mountains are so young. The seismicity of the area is the area is questionable because there hasn’t been that much accumulated evidence over time. So it’s just something to be aware of.

It’s a place called Cape George on Porcher Island, which is just above Kitkatla.

There is Cape George, and this is just a storm that happened to miss us, but we were stormbound there for about four days.

I ask of you that you really consider that responsibility. You know, obviously you do, but it’s important for us to know that you, that you take that responsibility really seriously because like the — in t he Federal Environmental Assessment Review Office Reference Guide, as a guide to determining whether a project is likely to cause a significant environmental effect or not, it’s quoted as saying:

The Act is clear that the project may be allowed to proceed if any likely significant adverse environmental effects can be justified in the circumstances.

So what possible circumstances are there to risk such a place and to risk so many First Nations cultures?

So what I was saying was if you give nature a chance to heal, it will heal itself, and that’s what’s happening here and that’s what the Haisla elders were telling us yesterday, that this place wants to heal itself and it can if we give it a chance.

You know, to add more risk to the cumulative damage that’s already been done here, I think, would be essentially a crime. It should be given a chance to heal.

Another thing that Mr. Ellis Ross said yesterday was, you know, much like he’s making his own history, his oral history today and in his life, like you are as Panel Members making your own history as well and your ancestors are going to speak of what decision you made and the consequences of that decision.

 

Kitimat voices at Northern Gateway: Kitimat Valley Naturalists

Northwest Coast Energy News will use selected testimony from the Joint Review hearings, where that testimony can easily turned into a web post. Testimony referring to documents, diagrams or photographs will usually not be posted if  such references are required. Depending on workload, testimony may be posted sometime after it originally occurred. Posting will be on the sole editorial judgment of the editor.

By April MacLeod, Walter Thorne and Dennis Horwood

We would first like to thank the Haisla Nation

hosting this hearing. We recognize we are guests on Haisla land and that we are also on Haisla territory. We would also like to thank the JRP for this opportunity to make the oral presentation.
Who is the Kitimat Valley Naturalists? We are an independent Kitimat organization. We’re open to the entire community and we are an active member of B.C. nature. Our goal as a group is to pursue outdoor nature-oriented recreation.

As a group, we have 40 years of bird and mammal records and research papers. We have been involved as stream keepers, working closely with Department of Fisheries and Oceans. And we are also considered by the birding community to be citizen scientists.

We believe we have little to gain and much to lose from an oil pipeline, terminus and tanker traffic, and the purpose of this presentation is to show what we believe we have to — we stand to lose.

The focus of this whole presentation is the Kitimat River estuary and it is one of the five largest estuaries on our northern B.C. Coast. It is ranked by Ducks Unlimited as one of B.C.’s most important estuaries. And to back that up, a technical report showed it was the top three in total biological and social values.

And so everyone is clear, scientists define an estuary as much more than just mudflats and meadows. The Kitimat River estuary in fact extends many kilometres past the inner tidal areas and well into Douglas Channel.

The estuary foreshore is a relatively flat area, and at a distance, its beauty and importance are difficult to see. Up close, however, things change.

The Kitimat River estuary is 1,230 hectares, and in perspective, that’s three times larger than Vancouver’s Stanley Park. It is covered in sitka spruce, western hemlock and deciduous trees, interspersed with lush meadows, slews, ponds and rivulets.

Rich, organic soils, packed with nutrients, help create immense fertile meadows. These meadows and land support the growth of many native species.

In the spring and summer, it is a wildlife — wildflower and wildlife heaven. In early times, the root of the chocolate lily, seen in the insert, was used by the Haisla and early pioneers as a food source.

Shooting stars are just one of the many wildflowers found in the meadows of the estuary. Many people, like me, a local native, native natural photographer, I like to walk around the estuary purely for the floral opportunity of — floral photographic opportunities.

The same nutrients that allow flowers to flourish also support a major outdoor activity, fishing.

Fishers from B.C., Alberta and the world come here to fish. Why? Because Kitimat is really a fishing Mecca.

Kitimat’s river — the Kitimat River brood stock is amongst the best in the world. Where else on this planet can you catch a 27-pound steelhead or a 76-pound Chinook salmon. Elite fly-in fishing lodges located throughout the Douglas Channel target Kitimat River fish.

The B.C. sports fishing industry yields annual returns in the billions of dollars. Kitimat’s share in a year is in the millions.

Kitimat is a 10 out of 10 fishing destination. And if you don’t like our fish, try our prawns. Even celebrities know about this area and come here to fish. When the Vancouver Canucks arrive, they keep it very secret.

The Kitimat and Douglas Channel river systems have attracted recreational anglers for decades, starting in the 1950s, as you can see. Some have an extremely high profile: The Right Honourable Prime Minister John Diefenbaker, Kevin Costner, the actor, and Carey Price, a B.C. boy, our goalie for the Montreal Canadiens.

Hunters as well as fishers depend on the Kitimat River estuary. Birds, like fish, are attracted to estuaries. The Kitimat River estuary is a stopover during both the spring and fall migration. Trumpeter swans that nest in Alaska fly here and stay for the winter.

One of the major groups of migrants are waders, long-legged birds that generally feed in the shallow waters and mudflats. Over 20 species of this group of birds use our estuary as a fast-food outlet. They stop, stay for a day or two, then fly on to as far away as South America.
Twenty years ago, great blue herons were a rare bird at any time of the year in the Kitimat Valley. This blue-listed bird, meaning an indigenous species considered vulnerable, has made the Kitimat River estuary its winter refuge. Now these birds are regularly reported on Christmas bird counts.

Snow geese used to be a rare bird here as well. We now record them regularly during spring and fall migrations and in flocks sometimes exceeding 500 individuals. This estuary has become a vital link along their migration route.

Typically, many birds desert the estuary during the summer months, but we still have many species that rely on the estuary trees, meadows and waterways to raise their young.
One of the most mysterious birds in the world lives here. The marbled murrelet, a robin-sized seabird thrives in the Douglas Channel system. These birds feed by day in the rich channel waters, but at nightfall they fly inland to old-growth trees and locate their saucer-sized nest in complete darkness. No scientist, or anyone for that matter, knows how they do this.

The estuary and Douglas Channel have immense recreational values. Sailboats, kayaks and power craft all ply the local waterways. Alaska-bound yachts often divert into Douglas Channel. Why do they come here? They come here for solitude, pristine wilderness, private beaches that urbanites from all over Canada can only dream about.

Author John Kimantas predicts Douglas Channel will evolve into a world- class kayaking destination. He is considered to be the Pacific Coast authority on kayaking.

We are blessed with a network of Haisla cabins that all visitors are welcome to use. These two kayakers visit here every year from Alberta. They keep coming back. Why? They want that wilderness experience.

Within the shelter of Minette Bay, a major part of the estuary, local recreational events such as dragon boat racing and training take place. We have several non-commercial hot springs. Anyone can use them at any time of the year. They’re free.

Ecotourism on the estuary and throughout the Douglas Channel system is second to none. It is simply world class. Where else on the same day can you see three different looking bears on the same day? Lots of places have black bears, but we have Kermode bears and grizzlies a plenty. They love our salmon and we enjoy watching them fish.

Orcas regularly visit here in spring but can be seen at any time. Sea lions come and go with the fish and tides. Seals are always present in the channel, estuary and even the river. They add character and enjoyment for visitors and locals alike.

But nothing — absolutely nothing — beats the sight of a sounding humpback whale. If we lose our whales, we know we will have lost much more.

So in conclusion, the Kitimat Valley Naturalists believe we need to strike harmony and balance in our ecosystem here and, as such, we believe the Northern Gateway is not an acceptable risk. We simply have too much to lose.

 

 

Enbridge confirms that Gitxsan hereditary chiefs formally reject pipeline deal

The Gitxsan hereditary chiefs have formally rejected the deal signed in December by Elmer Derrick to support the Enbridge Northern Gateway pipeline.

A meeting in Hagwilge Tuesday evening rejected by a vote of 28 to 8 the controversial equity deal.

The vote may also lead to the end of the blockade of the Gitxsan Treaty Society office in Hazelton.

Gitxsan spokesman John Olson told CFJW says there needs to be an all-clans meeting before the blockade is lifted.

“And I say it’s an all clans meeting, that means the Gitxsan Treaty Society members are more than welcome to come out and participate in this meeting, and I think that’s a step in the right direction,” Olson explained.

The chiefs say they want a written acknowledgement from the society that the Enbridge deal is rejected before removing their blockade, which went up shortly after Derrick announced the agreement in early December.

Enbridge Northern Gateway spokesman Paul Stanway issued a statement:

Enbridge has learned that the Gitxsan Hereditary Chiefs have reconsidered their prior endorsement of Gitxsan participation as equity partners in our project

While we are disappointed at this shift in stance in relation to our 2009 protocol agreement with the Nation and in relation to 2011 meetings with Hereditary representatives, we respect this decision.

We look forward to receiving written communication from the Gitxsan Hereditary chiefs, so that we have greater clarity in relation to their current perspectives. And we will continue to engage with the Gitxsan Nation in relation to the project.

In the meantime, we will also continue to work and engage with corridor First Nations groups, including the more than 20 groups who in recent weeks have fully executed and endorsed equity participation agreements deals with Enbridge.

Analysis: The collapse of BC’s oil rich economy is a lesson for BC, Alberta and the world

Analysis

British Columbia once had the richest, longest-lasting, sustainable oil economy on the planet.

That’s almost all gone now. While the environmental movement loves to quote Joni Mitchell’s “You don’t know what you’ve got til it’s gone,” the collapse of BC’s oil economy is perhaps the best example in history of what Mitchell meant in her song. Big Yellow Taxi.

British Columbia even supplied much-needed oil to Alberta.

The collapse of that oil economy is a cautionary tale for BC in the debate over the Northern Gateway pipeline. That’s because a pipeline breach near a key river or a tanker disaster on the BC coast would kill the last remnants of a commodity that made BC oil-rich for thousands of years.

The collapse of that oil economy is a lesson for Alberta and for the entire world.

It should be a lesson for Prime Minister Stephen Harper, Natural Resources minister Joe Oliver and Environment minister Peter Kent, but it’s one that they will ignore.

The collapse of that oil economy is a lesson that should be taught ( but isn’t) by the departments of economics, business and politics at oil-patch academic central, the University of Calgary, which trained Stephen Harper and produces those self-satisfied commentators who can’t see anything beyond the Rockies and their own pet economic theories.

The collapse of the BC oil economy is proof that Adam Smith’s “invisible hand” much loved of conservative economists is actually a deathly hallow in the hands of all those who are too greedy to care or who don’t bother to see what is actually in front of their blinkered eyes.

Much of the testimony at the Northern Gateway Joint Review hearings at the Haisla Recreation Centre on Tuesday, January 10, 2012, was about that economic collapse. Much of the testimony in Terrace, at the Sportsplex, on Thursday, January 12, 2012, was about that economic collapse.

The national and international media that came to cover that story didn’t realize what they were hearing. Only a couple of stories mentioned the ancient oil economy in BC but just in passing. It is probable that the members of the Joint Review Panel didn’t understand either, but it may be by the end of the hearings, once the panel has heard the story over and over, they may begin to realize how important it is.

(That is one reason that all the testimony before the Joint Review Panel is important. It’s the old story of hitting the donkey over the head with the two by four. The conservatives in the government, in the universities and the media who say repeat testimony isn’t needed are wrong. Sometimes a story has to be told numerous times before the powers that be realize, hey this is important. )

This isn’t about petroleum.

Nor is it about salmon oil or whale oil.

It’s about a small, some say ugly (compared to the magnificent sockeye salmon), member of the smelt family, a very distant relative of the salmon, the oolichan.

(There are several spellings. Euclachon is the usual academic spelling. One rare spelling is “hooligan.” That’s the one that spell checks and auto corrects prefer. Oolichan is the preferred spelling on the northwest coast, and thus that is what this article will use).

It was trade in oolichan oil and oolichan grease that sustained that economy in what is now British Columbia for thousands of years before the coming of Europeans.

Oolichan poster
Poster celebrating the oolichan released by artist Roy Henry Vickers

Trade in oolichan oil and oolichan grease created the “grease trails,” the trading routes leading from coastal British Columbia throughout the province and across the Rockies into Alberta.

Drive many of the highways in northern British Columbia and, like other parts of North America, where highways follow “Indian trails,” you are likely driving on a grease trail.

Archaeological evidence suggests that the grease trails, the trade in oolichan oil and grease may have begun as early as 5,000 years ago. By 2,000 years ago, the First Nations of British Columbia had a vibrant trading culture, with goods exchanged throughout the province, south to what is now the United States and north to Alaska.

Just as trade and industry in the Old World prompted the creation of infrastructure, the oolichan trade blazed trails and lead to technological developments such as suspension bridges and improved canoes.

The culture of BC First Nations has been disrupted for the past two centuries by smallpox and other diseases, creation of the reserves, by government and church paternalism, by the assimilation of the Indian Act, by residential schools and general acculturation. Despite those horrendous challenges, the oolichan-based trade has, left a multi-millenial legacy of expertise in trade negotiations. That is one factor in the current debate over the Northern Gateway pipeline. Ignorance of history is why the oil-patch and the Harper government have underestimated the First Nations in the current controversy.

Rich fish of the Pacific

The oolichan’s scientific name is Thaleichthys pacificus, “rich fish of the Pacific,” with oil making up to 15 per cent of its body content. That was the source of the rich oil economy.

Another name for the oolichan is “candle fish,” because often a dried oolichan was used as a candle by early European settlers.

The Gitxsan First Nation, now embroiled in a dispute after one chief signed a deal with Enbridge, traditionally called the oolichan the “fish for curing humanity.”

Oolichan grease/oil is rich in omega and other oils now in demand around the world. It is likely that the oolichan grease/oil countered the tendency to depression and Seasonal Affective Disorder caused by the rainy, overcast climate of coastal British Columbia, since omega oils are now recommended as anti-depressant.

Oolichan
Oolichan (James Crippen photo via Wikipedia Commons)

Properly managed, renewable in a way whale oil could never be, the oolichan could have been a multi-billion dollar industry, providing wealth to First Nations and export dollars for all of modern British Columbia.

It never happened.

When the Europeans arrived in British Columbia, they ignored the knowledge of the First Nations, ignored the oolichan. First the economic attraction was the sea otter, then it was the forests and the salmon, and then mining and hydro-electric developments. All the time the oolichan was out of sight and out of mind and becoming collateral damage of other industrial development.

The Kitimat River was one of the richest sources of that rich oolichan oil resource.

Samuel Robinson
Samuel Robinson

Haisla Chief Samuel Robinson, who is 78, told the Joint Review Panel: “We used to fish… for oolichans which is now no more because of pollution in the river for the last 30 years. But the river is not dead yet. The salmon still go up there; that’s why we have to protect it. I know we can’t do much about the oohlicans now, but the salmon still go up there.

“Up the river, we spend our days there, harvesting oohlicans. In my childhood days, you didn’t need a net, you didn’t need hook, and you didn’t need anything. You can pick the oohlicans out of the water. In fact you could walk across to the other side. That’s how plentiful it was when we were thriving. [Now] No more oolichans.”

The oolichan stocks across northwestern North America have been declining for a century. No one, except First Nations knew or cared about this valuable, ugly little fish. Thirty years ago the pace of decline increased with the industrial development in the years following the Second World War. By the new millennium, the oolichan population was crashing from Oregon to north of Kitimat. The only viable stocks left are in the Nass and Skeena Rivers and those stocks are in trouble.

Endangered species

The oolichan in the Fraser River had completely collapsed by 2003. There was little, if any, media coverage. Compare that to the coverage of the collapse of the Fraser River sockeye run. Major headlines and now a Royal Commission investigating why.

In March, 2010, in California, Oregon and Washington, the U.S. National Marine Fisheries Service declared the oolichan to be a threatened species.

In January, 2011, I was tipped by three independent informed sources that the Canada’s Committee on the Status of Endangered Wildlife in Canada would soon declare the oolichan north from the US border up to the Skeena and the Nass as an endangered species. At a meeting of non-aboriginal recreational fishing guides that same month that there were also worries expressed that climate change might be affecting the remaining viable oolichan stocks in the Skeena and the Nass. There is no recreational, tourist oolichan harvest, by tradition it belongs to First Nations. The guides had no direct economic stake in the oolichan, but those guides knew very well from experience that the oolichan is a key indicator species in the collapse of all fish stocks in the rivers that they love and which sustain their business.

This crisis was out of sight, out mind with most of British Columbia and ignored by the rest of Canada.

I was unable to get any interest in this “scoop” from any of the national news organizations among my freelance clients. (One admittedly budget strapped editor told me “we’ve done fish from BC.”) Compare that with the ongoing coverage for decades of the cod crisis on Canada’s east coast.

The day the decision came out, in May, 2011 the oolichan was just one of the several species mentioned in the national news round up of new threats to the environment. Here is what COSEWIC news release said:

The Eulachon or ‘candlefish’, so-called because of its exceptionally high oil content and historical use as a candle, was assessed for the first time at this meeting. This small fish was once a cultural mainstay of many First Nations groups of coastal BC and the origin of the famous ‘grease trails’ that linked coastal and inland communities. Since the early 1990s, many traditional fisheries for this species have seen catastrophic declines of 90% or more, and the species is facing extirpation in many rivers. The cause is unclear but may be related to reductions in marine survival associated with shifting environmental conditions, by-catch, directed fishing and predation. Only the Nass River still supports a fishery but even here numbers have declined. The Nass / Skeena Rivers population of Eulachon was assessed as Threatened. Further south, the Central Pacific Coast and the Fraser River populations have experienced even greater declines resulting in an Endangered designation for both populations.

 

In the national media, only the Mark Hume of The Globe and Mail looked closely at the oolichan collapse, much later, in a story on May 28,. 2011 How to bring back the Eulachon?

In November, 2011, COSEWIC announced it that is now reassessing the health of the oolichan in the Skeena and Nass rivers.

In his testimony, on Jan. 10, 2012. Haisla Chief Counsellor, Ellis Ross said: “I was too young to go up the Kitimat River before the oolichan was wiped out. I missed out in that teaching.

“Hundreds of thousands of tonnes of oolichans annually, these are the stories that are passed down to me now. It’s not about this is where you go to fish; this is where your fishing camp is. It’s about this is where it used to be. This is what we used to do… “

Ellis Ross
Haisla chief counsellor Ellis Ross testifies before the Joint Review Panel at Kitamaat Village, Jan. 10, 2012. (Robin Rowland/Northwest Coast Energy News)

Ross testified he has being going through the archives and records of the Haisla dealings with the federal and British Columbia governments. “All the assertion letters that council has sent out in the last 40 years in trying to determine what the Haisla Nation goal was. And it all had a common theme: protect the environment; bring back the environment. It always had that.”

He spoke of traditional knowledge and teaching. “Don’t disrupt the environment. Don’t spill any kerosene or gasoline into the river. Don’t litter in the river. Respect not only the oolichan and the river itself, respect your neighbours because once you are done with a fishing spot, you are going to process your oolichan and somebody else is going to move into that spot. So leave it the way you got it.

It’s a crime

“So as I was telling you, I missed out on all that, and it’s a crime. It’s an
absolute crime.

“The last story I got from the Kitimat River was my dad with Ray Green Sr. going up there after everybody else gave up on the Kitimat River. They tried to harvest oolichan so they could boil it into oolichan grease, but the end product smelled like effluent coming from the Eurocan Mill, so they thought it was just a product of the water itself. So they went inland a few hundred yards and dug a hole and tried to get the groundwater out of that and try to see if they could boil the oolichans using that. The result was the same.

“After that, there was no point because a run that estimated to be in the hundreds of thousands of tonnes annually got reduced to maybe 50 individual oohlicans per year. And I know that because we’re trying to struggle every year to find oolichan so we can test them for taint. If that’s not a signal to Kitimat, if not B.C. and not to Canada, something’s wrong. I don’t know what that is.

“If that was a commercially viable product, the whole country would have been up in arms demanding some sort of report and accountability from DFO. Nothing. We got nothing. Nobody came to our aid.

Ross told of the story of how the Haisla first came to the Kitimat region, how other First Nations were afraid of a giant monster that guarded the channel. When the Haisla reached the Kitimat River estuary it turned out the “monster” was, in fact, so many gulls that they appeared as one huge body when they took to wing.

“I can’t imagine that,” Ross testified. “If there’s thousands upon thousands of seagulls doing that at a distance of maybe greater than seven miles viewing it, imagine how much oolichan was in the river that those seagulls are feeding on.”

“The personal experience I have with the Kitimat River in 2003-2004 was going down to Vancouver to meet with the Minister of Environment. So we were trying to save what was left of the Kitimat River, we were trying to save what was left of the oolichans.

“So the pulp and paper mill couldn’t reach its intended targets in terms of effluent dumping and emissions so what was the provincial government’s solution; let’s amend the permit, let’s make it larger so they can reach their targets. They didn’t say anything about making the company reach those targets, fulfil its obligations, they just said let’s make the permit bigger.

“Well, we told the provincial government ‘If that happens, if you do that against our wishes we’re going to court’. The Minister at the time had the gall to put it back to us and say, ‘Okay, the company has already said that if they’re forced to abide by these permit conditions they most likely will have to close down. How will Haisla feel when you guys are the ones to blame for this pulp mill shutting down, how will you explain that to your people that working inside Eurocan’.

“And we said, ‘Go ahead and do it, I’m pretty sure for the six people out of 500 working in Eurocan mill we can find other opportunities for them’. Six people, and you look at every industry in Haisla territory over the years it was always started by Haisla people but they were slowly squeezed out for one reason or another.

Promises of jobs

“It’s all based on promises that we’ll come in, we’ll give you employment, we won’t affect the environment, we’ll listen to your wishes. Basically saying whatever they could to get their project approved and then guess what, less than 10 years later we find out that it was all a lie; they just said what they could just to get that permit, their certificate, whatever it was.

“I was born in 1965 and by the time I was old enough to start joining the fishing party to go up the Kitimat River by 1975 it was starting to decline. It didn’t take long; it didn’t take long at all. Salmon weren’t far behind it. There’s a reason why that state-of-the-art hatchery was built right beside the Kitimat River not long after. There’s a reason for just about everything that happened to Haisla in the last 60 years and it’s all directly linked to industrial development.

“So instead of getting taught how to fish for oohlicans, how to process oohlicans, how to boil for oohlicans, how to collect the right wood for burning for the oolichan pot, how to skim the grease, how to bottle it, no, I’m taught how the government issued permits that took it all away.”

In 2010, West Fraser shut the Eurocan mill, killed 500 jobs in Kitimat and walked away, leaving their mess in Kitimat for the current and future generations, aboriginal and non-aboriginal alike to deal with. That is the deathly hallow of the invisible hand.

On January 12, 2012 , in Terrace, Chief Counsellor Don Roberts, of the Kitsumkalum First Nation appeared before the Joint Review Panel. In wide ranging testimony Roberts also spoke about the his First Nation’s concerns about the oolichan:

“The oolichans are from the Bering Sea, that’s where they come from. The food chain that they’re feeding up there is not researched. We’re not up there. But they feed something — they probably feed that same fish that’s migrating in here.

“The oolichan then come across the north end of Haida Gwaii and enter the coastal rivers.

“About six weeks ago, I heard on CBC they were talking with the elders
over Haida Gwaii. The pod of killer whales that never went south, they’re wondering
why. But a pod, about 40, with a bunch of pups, what they’re doing is feeding on that herring. They’re feeding on the oolichan.

He described about how after leaving Haida Gwaii. the oolichan come out of Grenville Channel and enter the Skeena River.

“This is where the oolichan hang out…This is a hundred fathom area, and they hang off [this] drop-off there, 100 fathoms, and they start moving in there in November and they just hang around there. They come from the Hecate Strait.

“Right now, we are in January. They’re still down in here yet. Probably if you go down there you’ll start seeing the life activity around there because the fish got to hold out there until the eggs are ripe and they start getting used to the [reduced] salinity in the water. Because way out in the ocean there, it’s almost 100 percent salinity…they’ll hold out here all of February, then move in.”

(The oolichan are in a zone where the fresh water from the rivers reduces the salinity of the ocean. This is where the oolichan adjust before moving inland, up river)

“In Grenville Channel, there is clam and cockle digging is from mid-October to March. The clams and cockles food harvest is always eaten with oolichan grease.

“Again, we are showing the importance of oolichan. It’s used as a main part of our culture. It’s used in everything…we eat it with salmon berries, now we’re eating it with the seaweed back then and the clams; every dish.

Food chain

At the mouth of the Skeena, “all the Chinook salmon are all in there but they all migrate in there. Everything that hits the Skeena all comes in here. All these tributaries all feed in salmon. The oolichans come in these deep channels and they start feeding into the Skeena. All the cods and all the halibut, everything comes in there, everything.

“When the oohlicans come in you can go down there and the halibut are there. And if you go there they’re [the oolichan] not there, you’ve got to dig really hard to get a halibut this time of the year. And after the oohlicans make their run in then you go out there again and they’re there.

“There’s the the sea prunes. I don’t know what Canada calls it, but that’s what we call it. They grow all along form Chatham Sound to Hecate Strait. It’s a delicacy. You pick it, you steam it, you peel that black off, the cells, the spine, and you dip it in oolichan grease and soya sauce, and you’ve got a dish.”

Roberts showed a map to the Joint Review Panel. “This is the map that the government showed us where the pipeline is going to run — the steamships are going to run, Enbridge. Kitimat all the way up there, come down, propose to go down here or propose to go out here. But all this area I’ve been talking about, there’s a — there’s the Skeena River right there. They [the oil tankers] just run right by it.

“All the halibut grounds are out here, right around all out there, you’re running right over it. All the seaweed grounds are all right there, all the way down here for the other Bands. All the way down. Abalone, the sea cucumbers, and the oolichan come right through there, the head of the food chain.”

That is the danger that First Nations and others fear, the destruction of the northwestern food chain.

New poster

Oolichan oil posterThis weekend, the distinguished aboriginal artist, Roy Henry Vickers, originally from Kitkatla, near Hazelton, now based in Campbell River, a member of the Order of Canada and Order of British Columbia, recipient of the Queen’s Jubilee medal, whose work has been Canada’s gift to world leaders including Bill Clinton and Boris Yeltsin, and can be seen at Vancouver International Airport, publicly issued a poster, free for reproduction: “Oolichan Oil, not Alberta Oil.”

Since the declaration that the oolichan are an endangered species, those of aware of the issue in British Columbia have waited to see if the government of Stephen Harper will do anything, anything at all, to restore the oolichan stocks. After all, oolichan sustained the oil economy of British Columbia for at least two millenia, probably more.

Harper has not only done absolutely nothing about the oolichan, his government is ordering even more drastic cuts to the staff and resources of the Department of Fisheries and Oceans along the British Columbia coast. (The BC government also has some responsibilities for the oolichan as well since they divide their time between the ocean, which is federal, and the rivers which, except for the salmon, are provincial jurisdiction. The BC Liberals haven’t done anything either.)

The reason there is no trust for the Harper government in northwestern British Columbia, even among many northwestern conservatives, is that northwestern British Columbia is ignored not only on the oolichan issue, but on halibut allocation, the export of raw logs, the possible danger of farmed Atlantic salmon in southern British Columbia to the wild stocks in the north, the cutbacks at DFO and the Coast Guard. It appears to many here that Stephen Harper is perfectly prepared to sacrifice northwestern British Columbia for the sole benefit of Alberta and the bitumen sands.

The decline of the forest industry, while on one hand devastating, at least for now, for the economy of British Columbia, is slowly beginning to restore some of the rivers to health.

Imagine if the rivers were fully restored, and the oolichan came back to the sustainable, harvestable, economic levels that drove the BC economy for up to 5,000 years.

Along with salmon, herring and halibut, an oolichan harvest would provide all of British Columbia, First Nations and the rest of the province, with many hundreds more on-going jobs than the miniscule handful of permanent jobs this province will get along the Northern Gateway Pipeline route. It’s an ideal hope, of course, but an oolichan harvest would provide jobs and support the economy without the dangers of a major pipeline breach killing the river or an inevitable tanker accident, caused by human error (as all major shipping accidents are caused by human error) destroying the coast.

It appears that the Harper government is absolutely determined to put all of the Canadian economy in to one oily basket, the bitumen sands, and is refusing to consider any alternatives, especially any sustainable alternatives with the “green” label.

The great distances in northwestern BC mean people have to drive. The world economy will be dependent on petroleum for the time being and efforts to find viable, economic alternatives are mostly half hearted and  sometimes even blocked for ideological reasons.

So, one has to be pessimistic. Stephen Harper, Joe Oliver and Peter Kent have made it crystal clear that the Northern Gateway pipeline will go ahead, no matter what and likely no matter what the Joint Review Panel says. So far in the hearings not a day has gone by without at least one witness telling the panel they believe the hearings are rigged in favour of Enbridge and the Conservative government.

The lesson for Alberta and Stephen Harper from the collapse of BC’s rich oolichan oil economy is that short sighted, blinkered thinking will lead inevitably to disaster.   One has to wonder if Alberta cares whether there will be any petroleum left seven generations or seventy generations from now for all the non-burning uses such as petrochemicals and plastics.

Unfortunately, in sacrifice to the petro-economy and the deathly hallows of the invisible hand, the oolichan may actually go extinct, rather than creating a new, viable, oil-based economy for British Columbia.

 Sources

Drake, Allen and  Lyle Wilson, Eulachon  A fish to cure humanity   Vancouver, Museum Note No. 32,  UBC Museum of Anthropology

Henley, Thom   River of Mist, Journey of Dreams  Rediscovery International Foundation, 2009

Northern Gateway Joint Review filed evidence and transcripts

Wikipedia

Personal communications from First Nations

 

Links: January 9, 2011

Globe and Mail

Northern Gateway: the unheard argument

For the Harper government, the Gateway must be open

The Northern Gateway pipeline, politics and the law

A cast of thousands awaits officials at Gateway hearings

The Guardian Oil sands pipeline battle turns ugly

Vancouver Sun

Barbara Yaffe: Harper government undermining pipeline review with ‘radical’ cracks

Spending billions on Northern Gateway pipeline will quickly pay off, experts say

Kitimat undecided about Northern Gateway pipeline project

Bloomberg Enbridge Faces Rising Costs as Northern Gateway Hearings Start

 

Environmental groups re-issue poll, showing BC worried about US, Chinese control of natural resources

A coalition of BC  environmental groups have re-released a poll from last spring showing that almost 75 per cent of British Columbians are worried about foreign investment in Canadian natural resources. The poll also shows that only a small minority of British Columbians (15%) are concerned about charitable funding provided by US philanthropic foundations to Canadian environmental groups.

The poll was conducted by Strategic Communications in April 2011 and commissioned by the following groups: BC Sustainable Energy Association; Canadian Parks and Wilderness Society – BC Chapter; Conservation Northwest; Dogwood Initiative; Ecojustice; ForestEthics; Georgia Strait Alliance; Greenpeace; Pembina Institute; Sierra Club BC; West Coast Environmental Law; Wildsight.

The re-release of this poll is aimed at countering a poll last week, commissioned by Enbridge showing wide spread support in BC for the pipeline and an attack ad campaign by the pro-bitumen sands group Ethical Oil, which has been saying that there is too much foreign interference in the Canadian energy regulatory process.

Based on a random online sample of 830 adult British Columbians, the results are considered accurate to within plus or minus 3.4 percent 19 times out of 20.

This poll shows that 47.1% of respondents were very worried and 32.1% somewhat worried about “Americans controlling our natural resources.” Asking if people were worried about China, 39.0 % were very worried and 33.8% were somewhat worried about “China investing in our natural resources.” It shows that 38.3% were “very worried” and 34.2% “somewhat worried” about “China taking or controlling our natural resources.”

The news release from the groups says

“These poll results suggest that the oil lobby’s attacks against environmental groups are out of touch with the true values of British Columbians. The real issue is the unacceptable risk of a foreign-funded pipeline-oil tanker project that would ram pipe through unceded First Nations lands to ship some of the world’s dirtiest oil across thousands of fragile salmon-bearing rivers and streams,” said Will Horter, Executive Director of the Dogwood Initiative. “225 Supertankers a year, many larger than the Exxon Valdez, would need to transit the treacherous fjords of the Great Bear Rainforest, on route to China. This pipeline is all risk and no reward for British Columbians.”

According to the Canadian Association of Petroleum Producers (CAPP), over the three-year period from 2007-2010 alone, foreign companies poured nearly $20 billion dollars into the tar sands. In contrast, according to blogger Vivian Krause, US charitable foundations have given Canadian environmental groups less than 1.5% of that amount over a ten year period, accounting for all charitable funding on Canadian environmental issues ranging from forest protection to fisheries conservation.

“Funding for environmental charities helps to right the imbalance between ordinary citizens and the financial and political influence of multinational companies in Canada,” said Jessica Clogg of West Coast Environmental Law. “Since 1974, our environmental legal aid services have enabled citizens and community groups throughout BC to participate in resource decisions – like the proposed Enbridge Northern Gateway pipeline – that would profoundly affect their lives.”

“Canadians value the importance of environmental advocates speaking up for economic development that sustains our communities without destroying the ecology that supports us,” said Sierra Club BC Executive Director George Heyman. “We represent a legitimate Canadian viewpoint that is critical to sound policy-making, particularly when facing the influential, China-backed Enbridge pipeline lobby.”

As with many polls in a polarized situation, there are problems.  As Northwest Coast Energy News showed last week, the numbers in the Enbridge-sponsored poll are unreliable for northern British Columbia.  The environmental groups’ poll could also be considered suspect by the way the questions were phrased and the order in which they were asked.

Foreign Funding Poll Backgrounder  (Data figures from the groups who commissioned the poll)