First Nations, environmentalists and ‘rednecks’ stand together opposing Gateway, witness tells Kitimat JRP hearings

 

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

“This will be the first project in Canadian history to have First Nations, environmentalists and, for a lack of a better term, rednecks standing together in protest,” that sentence from Katherina Ouwehand summed up the first day of public comment testimony Monday, June 25, 2012, as the Northern Gateway Joint Review Panel returned to the Haisla Recreation Centre at Kitamaat Village.

Ten minutes isn’t that long. Ten minutes is the time that the Northern Gateway Joint Review Panel gives a member of the public to express their opinion on the controversial Enbridge project that would pipe oil sands bitumen from Alberta through the port of Kitimat to Asia.

Ten minutes is sufficient if you know what you’re talking about, if you’ve done your homework and rehearsed presentation so it can comes in right on time.

Ten minutes can be eternity if you’re an Enbridge official sitting silently at a nearby table as people who do know what they’re saying tear apart your public presentations, your multi-million dollar ads and the thousands of pages the company has filed with the Joint Review Panel. Or perhaps, as some at the public comment hearings pointed out, those ten minutes mean little if Prime Minister Stephen Harper has already decided the pipeline will go ahead no matter what, and thus any recommendation from the JRP has little credibility.

The first witness to appear before the public comment hearings on Monday afternoon was someone who knows all about the role of human error in accidents, Manny Aruda, an Emergency Response Team leader at the Rio Tinto Alcan smelter.

Aruda began by commenting, “To be clear, I do not belong to any environmental or radical organization, although I do recycle and occasionally I do eat granola.” His responsibilities at RTA include overseeing anything related to an emergency response, including dealing with spills and reporting the spills. Before that he worked at Methanex first in operations as a field operator and then as an ammonia control room operator. He also volunteers as a Search Manager for Kitimat Search and Rescue.

Talking about his time in the control room at Methanex, Aruda said, “I worked in the state-of-the-art chemical plant which is constantly being updated with the newest instrumentation. No matter how many safety features are in place, human error could supersede. Incorrect wires were cut causing plants to shut down; drain lines were left open during start-up causing methanol to go into the effluent system and eventually into the ocean; pigs [robots that operate inside pipes] are used to clean pipelines that were supposed to be collected at the end of a line at the wharf, and over-pressurizing of the line and mental error, leaving a valve open and the next thing you know pigs really do fly right into the ocean.

“Enbridge has spoken many times about how they’ll use smart pigs. Perhaps their smart pigs will know when to put the brakes on and stop.

Humans weak link

“The bottom line is that no matter what state-of-the-art infrastructure, instrumentation, safety

Manny Aruda
Manny Aruda takes some water after testifying before the Northern Gateway Joint Review Panel at Kitamaat Village, June 25, 2012. (Robin Rowland/Northwest Coast Energy News)

measures are in place human decisions or lack of decisions will affect the outcome. Humans are the weak link.

“There is an enormous pressure from management to keep plants and pipelines running. Control room operators are most at risk on start-ups and shutdowns, when conditions are changing rapidly. When a suspected issue arises it requires interpretation and analytical skills. These skills are relative to the amount of knowledge and experience of the individual.

“When in the control room you can’t see, hear or smell what’s going on outside, this is why the field operator is so valuable and utilized to go out in the field to verify a level, check a pump status, a pressure reading, identify leaks, et cetera.

Despite what some people may believe, it’s not black and white. There’s not a red Staples easy button flashing indicating that a spill is happening.

“When in the control room you can’t see, hear or smell what’s going on outside, this is why the field operator is so valuable and utilized to go out in the field to verify a level, check a pump status, a pressure reading, identify leaks… Despite what some people may believe, it’s not black and white. There’s not a red Staples easy button flashing indicating that a spill is happening.”
Any deviation from normal operations is subject to interpretation by the control room operator, “a human, the weak link,” Aruda said. He added: “Industry can continue to make improvements and make things more and more idiot-proof. History has shown that better idiots will come along.”

He told the JRP that the long Northern Gateway pipeline through remote mountain passes would have no field operators available to check every kilometre of the line to verify what the control room operator thinks is happening.

Like other witnesses, Aruda pointed to the Enbridge spill at Marshall, Michigan, where four million litres were spilled into a river in a populated area. “The spill went unnoticed due to human error,
the weak link.”

He testified that he has spent “hundreds of hours looking at Enbridge’s risk assessment,
management of spills, emergency response,” and then he said from the point of view of an
emergency response team leader, “reading these documents has flabbergasted me.” He said Enbridge’s risk management was “seriously deficient and woefully lacking in substance. They do not take into consideration the rugged terrain, the climatic conditions and dangers of fast flowing moving water.”

He said Talmadge Creek that feeds the Kalamazoo River, the location of the spill in Michigan, flows at much slower rate than the Kitimat River. At Kalamazoo, he said, four million litre oil spill moved 39 miles downstream contaminating everything in its path and it was contained two days later.

“It took Enbridge two days to deal with a meandering Kalamazoo River spill. Enbridge has stated in their risk assessment and management of spills they can contain a spill in the Kitimat River within two to four hours. This is irresponsible and inaccurate statement with no associated details.

It rains a lot in Kitimat

“To be fair, the Marshall spill happened at the worst possible time when the Kalamazoo River flows were at flood stage, causing oil to be deposited high on marshes and banks. This caused widespread contamination in the area. The Kitimat area also has high periods of flows and flood stages. It’s called, May, June, September, October and November. I’m not sure if you’re aware, but it rains here, a lot.

“In a worst-case scenario for the Kitimat River, Aruda said, based on events of September 2011, “heavy rain caused a dramatic increase in river levels within 24 hours. This is a normal occurrence. And the river widens by 75 yards in some locations. I have personally witnessed tree after tree, including 100 foot trees with full root balls 20-feet in diameter barrelling down this river. The Kitimat River flow at that time, 72,000 cubic feet a second, [was] some 18 times more than the Kalamazoo River. There’s not one qualified incident commander that would even consider sending out emergency responders into that raging river.”

He said that even during a moderate rise of the river, booms are not effective because of all the debris floating down the river.

Aruda said, “I invite anyone who thinks this oil spill can be cleaned up effectively to drift down the river with me to see for themselves how impossible a task that would be.” He noted that Enbridge has spent $765 million in clean-up costs, and while some parts of the Kalamazoo River have recently been opend for recreational use, other parts remain closed for clean-up.

He repeated his belief that Enbridge’s response plans are insufficient and concluded by saying, “Other pipelines and transmission lines have succumbed to the forces of nature in this area without any long-term environmental impacts. Sadly, this will not be the case if oil spills here.”

A later witness was Terry Brown, a former project engineer at Eurocan. Brown began by describing his love for sailing the Douglas Channel for the past 28 years. In one instance, Brown said, “ One extra-special night was when the ocean waters were disturbed and the phosphorescence was a glow like fireworks. We were seldom alone on the water as we often saw, heard and smelled seals, sea lions, orcas, and humpback whales, just like a huge aquarium but all to our own and so secluded.

“We not only stayed on the surface but some of our family engaged in scuba diving. What a joy to see so much life, crabs, fish, and shrimp, sea anemones, sea lions and much more. What a gorgeous dive it was as our daughter Stacy and I went down deep on the wall at Coste Rocks to see many different life forms hanging in our view. Later, we circumnavigated the rock and were amazed to see the pure white forms of a large sea anemone.”

Katherina Ouwehand   Murray Minchin  at JRP hearings
Katherina Ouwehand testifies at the Northern Gateway Joint Review hearings as Murray Minchin, the next witness listens, at the Haisla Recreation Centre, Kitamaat Village, June 25, 2012 (Robin Rowland/Northwest Coast Energy News)

 

Things failed

Like Aruda, he then turned to how things can go wrong. “No matter how hard we tried to do our best, things failed or as they often said, ‘shit happens’. Pipes, gaskets would fail; tanks would collapse; equipment would break. We even had SRBs in our stainless tanks. Many items would fail with such power that it would resemble an explosion.

“Lately, I have heard comments on how new gaskets are much better than old. Our experience was the opposite, as old gaskets contained asbestos they had a much better life span than the new synthetic ones.

“My largest project at Eurocan, a 300-tonne per day CMP pulp mill, actually had 10 — that’s it, 10 major failures within the first one to two years after start-up. During my working time, I was also involved in some of the projects to reduce the tainting of the local oohlican fish. This involves a highly cultural activity that the Haisla engaged in up until Eurocan start up in 1970.

“Over the 10 to 15 years spent looking for a solution, some $100 million was spent on related activities. If this much was spent with no success on a minor issue, if you call it that, how can anyone expect to clean up the beaches of a real nasty oil like dilbit?”

There was a third, highly technical presentation from Kelly Marsh, a millwright with the District of Kitimat (as well as Kitimat Search and Rescue volunteer) who presented his mathematical evidence, based on what he said we standard and accepted models that he said showed that Enbridge has vastly underestimated the chances of spill.

For the first time in public, some voiced in public what many in Kitimat have been saying in private, that if Stephen Harper pushes the project, there will be resistance from the residents of Northwestern British Columbia.

Katherina Ouwehand testified, “I am not a bully and I don’t lose my temper easily, but if this project is given the go-ahead by our Prime Minister, they had better be prepared for a huge fight. My thousands of like-minded friends and I will unite in force and do more than
speak up peacefully. There will be many blockades on the pathways of the pipeline and marine blockades in the channel.”

Murray Minchin, a member of Douglas Channel Watch (although everyone at the public comment hearings are testifying on their own behalf) said, “The original organizers of the Clayoquot Sound clear-cut logging blockades hoped that 500 to 600 people would turn out and help them protest. Over 10,000 showed up and almost 1,000 were arrested. Those numbers will be shattered if this project gets steamrolled through the regulatory process.”

Bill C-38

Many of the witnesses voiced their concerns about the Conservative omnibus Bill C-38 which they said would destroy many of the environmental safeguards in the Fisheries and Environmental Assessment Acts.

Margaret Ouwehand said. “I have a great fear. I am afraid of Enbridge because it represents much more than a pipeline; Enbridge is an enabler of all the things that make us ashamed to be Canadian. Do we want a Canada that endangers the whole world by contributing to global warming?

Do we want a Canada that muzzles scientists who don’t say what the oil companies want them to say? Do we feel proud when Canada puts up roadblocks to treaties with other countries so that oil companies can continue to pollute? Do we really want a Canada that prefers temporary foreign workers to be used and, in many cases, abused, just to provide oil companies with cheap labour? Wouldn’t it be more ethical to encourage immigrants to come to Canada to make permanent homes and actually contribute to the country?

“Once we were proud of Canada’s leadership in protecting the environment, both in Canada and world-wide. Now we have sold out to the highest bidders and by so doing we are jeopardizing our very sovereignty. We cannot enter into agreements to limit pollution because the big oil companies who own our resources won’t allow it.

“Once we were the world’s good guys, the peacekeepers, the ones who were caretakers of the environment and of endangered species. Now it’s all about money. Now we are at the bottom of the heap, along with other money-grubbers of the world.”

Mike Langegger, who has testified at previous National Energy Board and JRP hearings on behalf of the Kitimat Rod and Gun, testified, “Today I wish to speak to the implications of the Northern Gateway Project will have on my and many coastal families who call British Columbia home and the threat it poses to a generations of culture, lifestyle, relying on healthy and productive environment and ecosystems we currently have.

“My family, along with many resident British Columbians have a strong connection to our natural environment and is as much part of us as we are of it. By nature we are hunters and gatherers who have sustainable harvest from our natural environment over the generations providing for our families. Abundant and healthy fish and wildlife populations in environment that sustained their existence is critical and must be guaranteed.

“Unfortunately, over my lifetime I’ve witnessed commercial and industrial exploitation come and go, each diminishing our areas natural environment and its ability to support wildlife and the many associated values. It is critical that not only negative implications of the Northern Gateway Project be considered but also the cumulative effects of current, proposed, and past exploitation that has or is likely to occur in our area. Often a single negative impact can be mitigated. However, when a series of impacts are allowed to compile, the end result has proven to be devastating.

“Today the Dungeness crab and our local estuary area are deemed as contaminated and not recommended for consumption. The oohlican populations have been wiped out on most of our local area streams. The Kitimat River has been negatively impacted by resource extractions rendering it reliant on hatchery augmentation. Trees on the west side of the valley have died off suspect to pollution; wildlife populations have been impacted and the list goes on.

“We have seen industries come and exploit our area and its resources, profit substantially and leave, only to pass on a legacy of toxic sites and compromised environment. What they have not left behind is any established fund for impacted First Nation’s area residents and stakeholders to manage and reinvest back into our environment for the benefit of habitat, fish, wildlife that has been impacted.

“Ultimately, industry in general has been allowed to exploit, profit, and leave without being held accountable for our forest to correct damage. That’s the history we currently witness here.

“For those of us that call coastal British Columbia home, the existing environment, fish, wildlife, and associated values are the foundation of who we are. It is those values that foster and nurture many family bonds and are the result of cherished memories with loved ones and friends. It is those values that provide a healthy lifestyle and food source. It is those values that support numerous traditions and are the base of revered culture. It is those values that the Northern Gateway Project ultimately threatens to extinguish.”
Transcript Vol.58-Mon June 25, 2012 (pdf)

Enbridge pipeline controversy now on both coasts, Maine residents object to plan to send bitumen to Portland

It didn’t take long for the plans to send bitumen eastbound, perhaps as an alternative to Kitimat, to start controversy. The bitumen would go through the Montreal-Portland pipeline, thus the terminal could be at Portland, Maine.

The Maine coast is likely even more delicate than the British Columbia coast, and environmental groups are already gearing up to fight the pipeline as reported in the Kennebec (Maine) Journal, in tomorrow’s edition, June 21, 2012.

Tar sands oil transit meets objections

As speculation grows about the possibility of tar sands oil flowing from Canada through Maine, environmental advocates are banding together to oppose what they see as a risky proposition.

On Tuesday at Portland City Hall, [fisher Brooke] Hidell joined representatives from the Natural Resources Council of Maine, the Natural Resources Defense Council and the local chapter of the Sierra Club to protest what they say is a growing threat to Maine’s quality of life.

Enbridge Corp., a major petroleum company in Canada, has applied for a permit to reverse the flow of oil between Ontario and Montreal. Dylan Voorhees of the Natural Resources Council of Maine and others predict a similar reversal of the Portland-Montreal Pipe Line, so Canadian oil could be loaded onto tankers in Casco Bay, then shipped to refineries.

Voorhees said that would provide no real benefits to Maine but would threaten the environment while increasing profits for oil companies.

If Enbridge thinks the fight in British Columbia was a headache, it is likely that any plan to use Maine as a conduit for bitumen, will be as equal, if not more controversial.

The area is often home to prominent members of the American establishment.  The Bush family compound, summer retreat for presidents George W and George H. W. Bush, is in nearby Kennebunkport.

The state is also home to a large, vibrant and vocal artistic community.

Editor’s note:  Thirty years ago, in 1983, I took an Outward Bound course on the coast of Maine at the Hurricane Island School (it has since closed).  Unlike the rugged islands of the coast of British Columbia, the offshore islands where I sailed in Maine, are considered environmentally delicate and there are restrictions on the number of visitors and use of the island.

 

 

Kitimat gets ready for Joint Review hearings, protest rally and visit by NDP federal caucus

Kitimat is getting ready for the next round of Joint Review hearings in the district on the Enbridge Northern Gateway project.

The JRP is scheduled to hold the ten minute comment hearings at the Haisla Recreation Centre on the afternoon of June 25 and 26. The hearings scheduled for June 27 have been cancelled because, the JPR says: “The number of registered participants does not require the hearing session on 27 June.”  As with other locations, it appears that many people are dropping out of the hearings because given Prime Minister Stephen Harper’s determination to push through the pipeline no matter what and they feel their voices will not matter.

On Monday night, June 18, the District of Kitimat Council approved a request from Douglas Channel Watch for a protest rally to be held Sunday, June 24, at 2 p.m. in the lower parking lot at City Centre Mall. The application to the council said that a number of speakers will also address the issue of the government’s omnibus Bill C-38.

Margaret Ouwehand of Douglas Channel Watch, also noted in her application, “we wish to have a short march where participants would walk on sidewalks and obey all traffic signals.” In the report on the application, District staff noted that under the BC Municipal Code, a march of more than 30 people is considered a parade and in the case of Kitimat would also require the permssion of the local RCMP. The protest rally is being heavily promoted on Twitter and Facebook as well as more traditional media, so it is likely that there will be more than 30 people participating in the rally and march.

At the same time, some members of the federal NDP caucus will be in Kitimat for the second day of the hearings. A release from the NDP says Deputy Leader and Environment Critic Megan Leslie will lead the delegation to the northwest.

“Our caucus feels so strongly about the risks of Enbridge that many MPs are joining Megan to stand up to heavy-handed Conservative tactics,” said Skeena-Bulkley MP and House Leader Nathan Cullen. “The government has gutted environmental assessments and is trying to ram this project through and we’re not going to let that happen.”

The NDP Enbridge tour begins on Monday, June 25 with events and a public forum in Vancouver, a clear attempt to gain major media attention there, especially in an era where budget-strapped news organizations are always reluctant to send people to Kitimat.

Leslie and Cullen will then lead a smaller delegation to meet with Haisla Chief Councillor Ellis Ross and will tour a portion of the proposed marine route that oil supertankers would take to transport raw bitumen to Asia from Kitimat.

As well as attending the JRP hearings at Kitamaat Village, the NDP caucus plan to meet with local muncipal leaders in Kitimat as well as municipal officials and First Nations leaders from other communities.

“I’m really looking forward to key members of our Opposition caucus meeting with people who are directly affected by Enbridge,” Cullen said in his news release.

“Having taken part in dozens of Enbridge rallies and meetings over the years, I know there will be many very powerful moments. It’ll be pretty up front and personal.

“Megan and our caucus are here to stand in solidarity with residents of the Northwest in opposing a dangerous project that brings us so many risks and really only benefits Enbridge shareholders.”

In the evening after the JRP hearings, the NDP will then hold a public forum at the Best Western Inn in Terrace, starting about 6:30 p.m. (depending on the length of the afternoon JRP hearings)

Terrace mayor Dave Pernarowski and perhaps members of other local councils will make a welcoming statement, followed by an address from MEgan and then an information session with presentations from individuals & organizations, followed by a question and answer session and break-out groups for those interested.

With the June 27 JRP hearings now cancelled, there may be a second public meeting in Kitimat that afternoon starting at 12:30 p.m. but that is yet to be confirmed.

 

(Typo fixed, correcting day of rally from Monday to Sunday)

Coastal First Nations files motion with JRP to compel province of British Columbia to participate in Gateway hearings

Coastal First Nations have filed a notice of motion with the Northern Gateway Joint Review Panel, which, in effect, would compel the province of British Columbia to participate in the proceedings considering the future of the controversial Enbridge Northern Gateway pipeline project.

So far the province, from Premier Christy Clark and Environment Minister Terry Lake down to the lawyer representing the province at the JRP, Christopher Jones, have refused to take part.

In the motion, Art Sterritt, executive director of Coastal First Nations, refers to a story by Justine Hunter in The Globe and Mail, In B.C., energy policy becomes a political battleground which says:

A 30-page technical report containing the B.C. government’s assessment of the proposed Northern Gateway project sits on Environment Minister Terry Lake’s desk. Still, his government remains silent on the plan to build a pipeline across northern B.C. to get Alberta oil to Asian markets.

The motion requests an order from the JRP that would have:

a) The JRP to compel the Intervenor, the Province of British Columbia, to file
the technical report containing the B.C. government’s assessment of the
proposed Northern Gateway project reported on in The Globe and Mail
newspaper on Sunday June 3, 2012.

b) The JRP to compel the Province of British Columbia to file any other reports
or assessments it has done on the Project.

c) The JRP to allow Intervenors an opportunity to file Information Requests on
any evidence filed by the Province of British Columbia.

d) The JRP to compel the Province of British Columbia to indicate whether or
not it will issue a Certificate for the Project pursuant to the BC Environmental
Assessment Act.

e) The JRP to compel the Province of British Columbia to indicate whether it
intends to consult with First Nations on the Project, and if so, how and when?

The motion was filed June 8, but only posted recently on the JRP website.  Three days later, on June 11, Jones, representing the province, filed the latest letter refusing to take part in the JRP proceedings.   Since all filings are sent to intervenors and government participants, it is likely that the provincial ministry of Justice in Victoria was aware of the motion from Coastal First Nations.  The province is yet to file a response to the motion.

Earlier, on May 28, the province filed a notice with the Joint Review Panel, refusing to answer questions from the Kitimat environmental group, Douglas Channel Watch.

If the Joint Review Panel does compel British Columbia to release documents and therefore participate in the hearings, it would make the Northern Gateway issue even more front and centre in provincial politics, something Premier Christy Clark, who is in trouble in the polls, has been trying to avoid.

 

Coastal First Nations filed this statement of facts with its motion:

Statement of Facts

1.
The Province of British Columbia is an Intervenor in the JRP process but has not filed
any evidence with the JRP.
2.
The Province of British Columbia has prepared a technical report containing the B.C.
government’s assessment of the proposed Northern Gateway Project (reported on in
the Globe and Mail newspaper on Sunday June 3, 2012).1
3.
The proposed Project [both the plant at Kitimat (energy storage facility) and the
pipeline (transmission pipeline)] is a reviewable project under the B.C.
Environmental Assessment Act, Reviewable Projects Regulation, [includes
amendments up to B.C. Reg. 4/2010, January 14, 2010].

4.
The Project has the potential to significantly affect in an adverse manner the interests of CFN and its members’ Aboriginal Rights and Title.
Grounds for the Motion

5.
The Province of British Columbia has economic and environmental interests that are
potentially affected by the Project.
6.
The Province of British Columbia will be required to issue a variety of approvals for
the Project including Crown tenures and leases.
7.
The Province of British Columbia has legal obligations to consult First Nations about
the proposed project.
8.
The Province of British Columbia plays a significant role in oil spill responses and is
a member of the Pacific States – BC Oil Spill Task Force established to develop
coordinated programs for oil pollution prevention, abatement, and response.
Decision or Order Sought

9.
CFN respectfully requests the following relief:
a)
The JRP to compel the Intervenor, the Province of British Columbia, to file the
technical report containing the B.C. government’s assessment of the proposed
Northern Gateway project (reported on in the Globe and Mail newspaper on
Sunday June 3, 2012).

1 http://www.theglobeandmail.com/news/british-columbia/in-bc-energy-policy-becomes-a-politicalbattleground/
article4227695/

b)
The JRP to compel the Province of British Columbia to file any other reports or
assessments it has done on the Project.

c) The JRP to allow Intervenors an opportunity to file Information Requests on any
evidence filed by the Province of British Columbia.

d)
The JRP to compel the British Columbia to indicate whether or not it will issue a
Certificate for the Project.

e)
The JRP to compel the Province of British Columbia, to indicate whether it
intends to consult with First Nations on the Project, and if so, when?

Coastal First Nations Great Bear Initiative FN_Motion_4_-_A2T9V4  (pdf)

Province of BC won’t provide witnesses for Gateway Joint Review hearings

The province of British Columbia has told the Northern Gateway Joint Review that it will not provide witnesses for cross-examination during the questioning phase of the hearings.

That announcement came today, June 12, 2012, in a letter from Christopher Jones, lawyer for the province, saying that since the province “did not adduce evidence in this proceeding, it would not be presenting witnesses for cross-examination.”

The letter also suggests that those who have questions on the provincial role in the Enbridge Northern Gateway “to contact counsel for the JRP and Northern Gateway for clarification.”

The letter means that the province still has no input into the process concerning one of the largest industrial projects in BC history.

On May 10, 2012, in an story by Canadian Press reporter Dirk Meissner BC environment minister Terry Lake said the province would stay out:

B.C.’s environment minister acknowledges he’s feeling the pressure to take a stand on the proposed Northern Gateway pipeline project, but he says his government is determined to keep quiet until federal environmental reviews are completed.

Environment Minister Terry Lake said Thursday the province’s silence on the pipeline decision created a demand for clarity that the government was willing to withstand.

But he added: “We feel the pressure, of course we do, but it’s not responsible to take a position before all that evidence is before us and then we can make the best decision in the interests of all British Columbians.”

On Monday, Global TV’s Keith Baldry asked premier Christy Clark why the province is keeping out of the Joint Review Process. In her response, Clark repeated the provincial position that her government would not take a position on the pipeline and tanker project until the conclusion of the JRP. (Video of the item is not on the Global website).

In late May, the province told the Joint Review Panel it would not provide answers to questions from the Kitimat environment group Douglas Channel Watch about items that DCW felt was in provincial jurisdiction.

Province of BC Response to Procedural Conference Draft Report  (pdf)

 

Haida Gwaii group releases rap video against Stephen Harper, Northern Gateway pipeline

A group called Haida Gwaii CoASt has released a video called ‘Haida Raid 2′, a rap rendition of what could happen if, as expected, Prime Minister Stephen Harper goes ahead with the Northern Gateway pipeline.

On the website, the group describes itself this way:

CoASt, Communities Against Super Tankers is an informal group made up of a diverse cross section of islanders on Haida Gwaii who are concerned about the consequences of tanker traffic on the West Coast of BC….

CoASt is a revival of the original Coalition Against Super Tankers that first opposed tanker traffic on behalf of Haida Gwaii in the late 1970s. The original members of the group could never have imagined the size of the tankers that are on the horizon for the Coast: 1/2 a kilometre long with 10 times the capacity of the Exxon Valdez. Imagine a spill from Alaska to California…

Fishing report site calls on anglers to boycott towns, including Kitimat, that don’t stand against Enbridge

The Pacific Northwest Fishing Reports website is calling on anglers to boycott all communities, including Kitimat that haven’t taken an official stand opposing the Enbridge Northern Gateway pipeline.

The site run by someone called “Old Jake” covers DFO Region 6 and Region 7a “in an effort to give sport fishing enthusiasts more options when it comes to our wonderful sport.”

Its about page says:

What makes this website unique is that it is not run by professional fishing guides or anyone who profits directly from fishing, we are local sports fishing enthusiasts here simply because we love the sport. Why is this important to you? Because we don’t have to make a sale on our fishing reports.

The boycott notice was first posted by “Old Jake” on March 31, but only came to wider attention in the past weekend when the link was widely circulated among the angling and guiding community  and by environmentalists on social media in northwest BC, some of it in reaction to the oil spill in Sundre, Alberta.

In the post, “Old Jake” says in the introduction:

[T]he deck is really stacked against our pristine lakes and rivers.

Support our boycott on all business in communities which are not willing to protect our environment in hopes of getting a financial handout from Enbridge. Let us send a clear message to communities who don’t respect our environment enough to protect it.

Please do not boycott small fishing businesses that reside outside of any community boundary, because they are as much a victim of those who support oil for greed.

The letter says, in part:

Greetings fellow sport fishing enthusiasts, I am writing this to all of you, all over the world because we desperately need your help on two major fronts, both could permanently extinguish fishing as we know it for our generation and that of our children’s and possibly much longer.

The first and foremost problem is the Enbridge Northern Gateway Project which the Prime Minister of Canada appears to be declaring a project that will go ahead regardless of the National Energy Board Hearings.

The second is Fish Farming, and its unregulated ability to hide scientific facts, its attacks on free speech and attempts to silence those who dare to speak out against them.

First Nations have done their part, they stood up and spoke, all against Enbridge and Alberta’s need to cash in on the horrific oil sands that are killing the Athabasca River, and sending this toxic mess into the Arctic Ocean….

Here is where we have a problem, the cities, towns and villages appear to want it both ways, they want your tourist dollar, and they also any dirty Oil Dollar they can get as well.

We need you; the people of the world to write to the majors of each community and ask them why tourists could come to a community that won’t protect its natural resources. Why should tourists come and spend their money if the leaders of these communities don’t take a stand in protecting our lakes and rivers from the worst threat ever in the history of British Columbia.

Ask these majors (sic probably means mayors) how many people will come to visit if we end up with a mess like they did on the Kalamazoo River.

 

Here is the list, where the author equates opposing Enbridge with supporting the environment

Prince Rupert – Supports our Environment (Visit this great community)
Terrace – Supports our Environment (Visit this great community)
Kitimat – Does not support our environment. (Boycott)
Kitwanga – Supports our Environment (Visit this great community)
Hazelton – Does not support our environment. (Boycott)
Kispiox – Supports our Environment (Visit this great community)
Moricetown – Supports our Environment (Visit this great community)
Smithers – Supports our Environment (Visit this great community)
Telkwa – Does not support our environment. (Boycott)
Houston – Does not support our environment. (Boycott)
Granisle – Does not support our environment. (Boycott)
Burns Lake – Does not support our environment. (Boycott)
Fraser Lake – Does not support our environment. (Boycott)
Vanderhoof – Does not support our environment. (Boycott)
Prince George – Does not support our environment. (Boycott)

Gitxsan lift Hazelton blockade to allow forensic audit of treaty office, repeat there is no deal with Enbridge on pipeline

A news release issued late this afternoon, June 11, 2012, by the Gitxsan Unity Movement says the group has lifted the blockade of the boarded up treaty office in Hazelton.

Gitxsan Unity says the group took down the blockade, remoiving the plywood and lumber blocking all access to allow an “enforced forensic audit” from Aboriginal Affairs and Northern Development (formerly Indian and Northern Affairs Canada) Special Investigations office. According the release, the Chief Audit and Evaluation Executive, Anne Scotton, from Departmental Audit and Evaluation Branch, arrived at the office, once known as Gitxsan Treaty Society, now called the Gitxsan Hereditary Chiefs Office, accompanied by two auditors from the Ottawa branch of Deloitte and Touche

Access to the office was negotiated in collaboration with the RCMP over the past two weeks. The release says GTS staff were permitted to enter the building to assist the auditors to locate material related to the forensic audit.

The release says

Scotton advised the auditors will be mirroring (copying) the hard drives of all the computers as well as scanning all the files and paperwork in the offices. They will also attend all the satellite offices and the off site accountants offices in Smithers to ensure they secure all the documentation for their investigations.

The release goes onto say the movement appreciates the help of Aboriginal Affairs and the RCMP “in securing all financial statements and material relative to the operations of the GTS. It will show accountability to the money received in the name of the Gitxsan people.”

it adds:

GUM remains open to and extends an invitation to the GTS Gimlitxwit to meet and settle unresolved issues pertaining to transparency and the return of authority and jurisdiction back to its’ rightful place, the Gitxsan Simgigyet and the Gitxsan Nation.

 

The release then goes to the heart of the issue  when on Dec. 2, 2011, Elmer Derrick signed an agreement with Enbridge for a stake in the Northern Gateway Pipeline. That agreement was repudiated by Gitxsan leaders the following day and the office blockaded that weekend. While there was a court injunction ordering an end to the blockade, negotiations continued for months for a peaceful end to the dispute.  Last week, on June 5, 2012, when Enbridge claimed it has the support of 60 per cent of First Nations along the route of the controversial pipeline, Enbridge repeated its contention that the agreement signed by Derrick is valid.

However the Gitxsan Unity Movement says:

TAKE NOTICE that the Gitxsan Treaty Society and terminated staff, Gordon Sebastian, Elmer Derrick and Beverley Clifton-Percival, are not authorized representatives of the Gitxsan people. Any act engaged in by this entity or individuals representing themselves as authorized representative is invalid and of no force and effect as against the Gitxsan people. Any Government, entity or individual who engages in negotiation or business transactions with GTS or terminated staff, do so at their own risk

GUM has moved a step closer, but also realizes the real work has just begun. Our goal is to bring harmony between the Gitxsan government and the values, law and will of the Gitxsan.

 

Enbridge’s multi-million dollar ad campaign collides on the web with Alberta oil spill and fears about the water supply

As the people near Sundre, Alberta deal with an oil spill of up to 175,000 litres into the Red Deer River, there have been reports on Twitter all day of Enbridge’s pro-pipeline ads appearing alongside stories on the oil spill on news sites across Canada. For most of Saturday,  I didn’t see any Enbridge ads on the news pages I checked. Ad viewing is usually tied by algorithms to the specific viewer’s interests.

Tonight, an Enbridge ad did show up on my computer screen.  An unfortunate pairing of a CP story on Ipolitics.ca  that  drinking water will be trucked into the affected communities. Alongside it the animated Enbridge ad promoting the Northern Gateway.

Enbridge ad accompanies a story on the Alberta oil spill

Water supply is a critical issue in the Enbridge debate, especially in Kitimat, BC, where the pipeline will cross the Kitimat River watershed and then follow the route of the Kitimat River to the planned terminal at the town’s waterfront. The environmental group Douglas Channel Watch says its studies show that a major rockfall or landslide could cut Kitimat’s water supply for up to four years, meaning the town would have to survive on bottled water for years.  Enbridge has said its studies and engineering will ensure the water supply is safe.

But it get’s worse.   I had written this story and went back to the original Ipolitics.ca story to double check the facts and the URL   The page had automatically refreshed and a new Enbridge ad appeared as a banner ad. In the right-hand box where the previous Enbridge had been a few moments before, there is now an advertisement  promoting the safety of fracking.

Enbridge banner ad on Alberta oil spill story

Advertisers want interested eyeballs and various cookies and tracking mechanisms mean that these days that ads appear either in a story that is tied to the industry, in this case, oil and gas, or  tied to the viewers’ web history.

In all the years I worked in television news, there were always protocols for pulling suddenly and unexpectedly inappropriate ads from a local, network or cable newscast  when there was “breaking news.”

It’s a lot harder to do that for a web ad, but it can be done. It may that with Enbridge spending millions of dollars on ads, management was reluctant to stop the campaign cold.  But ads can e pulled. The fact the ads are running on the second day of the spill raises again the question of Enbridge’s managerial competence. After all, the American Petroleum Institute, the lobby group for the American energy industry, immediately stopped all pro-drilling ads within hours of realizing that the BP spill in the Gulf of Mexico was a major incident.

(Note this site has no control over the Google ads which appear, which are even more than most ads, are tied to Google’s tracking of an individual’s viewing habits as well as the content of the story.  Major banner ads, like Enbridge’s, however, are usually booked through web ad agencies and can be pulled by clicking a mouse.)

And yes, when I checked the facts on the ad campaign, finding a story from May 30, in the Calgary Herald, the Enbridge ad was there as well.

In the story, picked up from the Vancouver Sun,  Enbridge spokesman Paul Stanway was quoted:

“You are going to see a much higher visibility for Enbridge over the next few days. In newspapers, in television and online,” said Paul Stanway, manager of Northern Gateway communications for Enbridge. “It’s become quite apparent that the debate has become a province wide issue.”

Calgary Herald web page with Enbridge ad

Note, due to those algorithms, if you click on the original pages, you may or may not see the Enbridge ads, just I didn’t see the ones earlier today that were linked to from Twitter.

Tony Clement’s statement that Joint Review Panels cover “irrelevant issues” angers Ontario First Nations

Last Monday, the government of Stephen Harper sent cabinet ministers across the country to counter that day’s anti-censorship Blackout Speakout campaign by talking up “responsible resource development.”

That move now appears to be backfiring, at least in the case of Treasury Board minister Tony Clement, whose  reported remarks in Thunder Bay that Joint Review Panels allow “individuals to use the assessment to discuss irrelevant issues that delay projects from mining to oil and gas that create jobs” have brought a swift and angry response from local First Nations.

Clement had come to Thunder Bay to promote what is called Ontario’s “Ring of Fire” an area of extensive mining exploration and development.

On a local Thunder Bay news site, tbnewswatch, reporter Jamie Smith covered Clement’s speech at a company called Coastal Steel. Smith’s report says:

Current joint-panel review environmental assessments are duplicating the process and allowing individuals to use the assessment to discuss irrelevant issues that delay projects from mining to oil and gas that create jobs.

“Before you know it it’s going to take a decade or more if the project is a viable project that we want to go ahead with it takes a decade or more to get to a stage where you can actually get it done. That’s inexcusable,” he said.

Those words are not in Clement’s speech as posted on his website. That speech simply repeats the current government line on resource development:

We need to ensure timely, efficient and effective project reviews. This will keep us competitive with other resource-producing nations.

We need a system that promotes business confidence and attracts investment while strengthening our world-class environmental standards.

Here’s what this new legislation will achieve:

• First, it will make project reviews more predictable and timely;
• Second, it will reduce duplication of project reviews;
• Third, this bill will strengthen environmental protection; and
• Fourth, it will enhance consultations with Aboriginal peoples.

To streamline and modernize our outdated regulatory system, we will take a whole-of-government approach. We want to put in place a new system of “one project, one review” that operates within a clearly defined time period…

The fact is, our new plan will strengthen environmental safeguards, including tanker and pipeline safety. And for the first time, it will provide enforcement of environmental assessment conditions under the Canadian Environmental Assessment Act. It will also strengthen pipeline inspections and introduce tough new monetary penalties for violations of National Energy Board conditions on new pipeline projects.

(So far, no one in the Harper government has been able to explain how it is “strengthening environmental safeguards, including tanker and pipelne safety” while severely cutting the staff and resources of Environment Canada, Fisheries and Oceans and the Canadian Coast Guard).

According to a second northwestern Ontario news site, netnewsledger, a number of local First Nations quickly expressed their anger at Clement’s remarks about the irrelevancy of a JRP.

Chief Roger Wesley of Constance Lake First Nation took aim at the Federal Government today saying Minister Clement’s comments in Thunder Bay this week signal a new and unfortunate turn in the Government’s relationship with First Nation Peoples.

“I am worried, but also saddened,” said Wesley….

“A Joint Review Panel EA would give time for appropriate consultation and a serious look at the impacts on the land, but also on our people. Impacts to our culture, our communities, our land and way of life are not irrelevant!” said Chief Wesley….

“And as far as First Nations not having a veto, legal precedents have already been set in this country that indicate the government must seek First Nation consent if there is the possibility of serious negative impact from development on our traditional lands. They clearly do not respect their own constitution. It is a sad and frightening day when the Canadian government makes such outrageous comments.

A second northwestern Ontario chief, Sonny Gagnon of Aroland First Nation is quoted as saying:

“When a federal minister states publicly that First Nation concerns are irrelevant, everyone in this country should be worried. Today it our rights, tomorrow it could be yours. Don’t get in the way of the Government’s resource development expansion or your rights will be deemed irrelevant.”

“Furthermore the Government is using some pretty creative accounting procedures if they believe they have provided our First Nations with the finances to respond to the Ring of Fire developments.

Tony Clement has just set our Treaty Relationship back 100 years to the time when railway expansion led to the displacement and brutal mistreatment of our people, leaving a legacy of suffering.”

Northwest Coast Energy News could not independently verify whether Clement departed from his prepared text or later told reporters that a Joint Review covers “irrelevant issues.” However, now with Ontario First Nations objecting to the reports of the speech, this controversy is yet another blow to the credibility of all Joint Reviews. including the Northern Gateway Joint Review which will be here in Kitimat in couple of weeks to hear oral comments.  In the past few weeks, the Northern Gateway Joint Review has cut short its scheduled oral comment hearings in several BC communities, because those who registered are not showing up.  Reports in local media across northwestern BC say that the dropouts believe the Enbridge pipeline is now a foregone conclusion and that commenting before the JRP will have no affect on the outcome.

According to Wikipedia, the Ring of Fire is an area in the James Bay lowlands where there is growing mineral exploration. In his speech, Clement said:

The development of the Ring of Fire in Northern Ontario holds the potential for billions in mineral wealth. Private sector estimates indicate that the chromite resources there could be worth as much as $50 billion. There are estimates for deposits of base metals and platinum-group metals worth as much as $10 billion. And there may also be deposits of gold, iron and other minerals in the region.