The Cullen confrontation at the Joint Review hearings: Transcripts

The Member of  Parliament for Skeena Bulkley Valley,  Nathan Cullen had a fiery debate Friday, Feb. 17. 2012, in Prince Rupert with the Northern Gateway Joint Review panel over a subject that has been vexing the panel since the first day of hearings at Kitamaat Village, the exact definition of what constitutes personal or traditional knowledge in this round which the panel calls  “Community Hearings.”

This is an edited transcript of the proceedings where Cullen was testifying.

Chair Sheila Leggett repeated at the opening on Friday:

So as I’ve stated, we’re here today to listen to the oral evidence from
intervenors that have previously registered with the Panel. Oral evidence is only
that information which is relevant to the matters the Panel will be considering and
cannot be presented as written evidence.

In order to assist parties regarding the types of information that
intervenors may provide as oral evidence during the community hearings, the
Panel issued Procedural Direction Number 4.

Parties will not be able to provide information orally here that could be
provided in writing or at a later stage in the process. This would include
information such as technical information, questions to the Applicant, or
argument and opinion on the decisions you would like the Panel to make. This is
not what we are here to listen to today.

Sharing your traditional knowledge and your personal knowledge and
experiences on the impacts that the proposed project may have on you and your
community, and how any impacts could be eliminated or reduced, is of great help
to us. This is the type of information we’re here to listen to today. We appreciate

Nathan Cullen then began his testimony, with an acknowledgment that it was taking place  on the traditional territory of the Tsimshian Nation

Cullen. I think it does the entire process a level of respect that is actually quite
indicative of how we, in the Northwest, like to treat visitors, with respect and
understanding and an open heart. I also thank the Metlakatla Nation for allowing
me to switch times with them to make this available — I’m a little preoccup ied
with some other endeavors right now.

I think in the best tradition of Justice Berger, this Panel is attempting to
establish a balance between traditional knowledge, rights and title and the laws of
this land, and the importance of hearing oral testimony and oral evidence and
giving it the weight and circumstance that we do to technical briefings and to
other sources that upon which you will make your decision.

And let me say that I have no envy for you in the chairs that you are in.

This is an incredibly complicated matter. It weaves together many of the most
fundamental factors and decisions that exist within any nation and potentially has
an impact on many people, both here in the Northwest of British Columbia but
right across Canada and perhaps around the world.

I will also, as I’ve expressed to you privately, Panel, do my level best to
adhere to Procedural Direction Number 4 and follow in the guidelines that you’ve
set forth. It’s somewhat out of practice for serving politician to find themselves
restricted in particular ways when we are speaking but it’s good practice anyways.

Let me say that politics is my vocation, a calling, and politics ultimately at
its best is about story. It is about collecting the stories of people that we seek to
represent and then relaying those stories to a broader audience.

I see that my testimony here today is certainly on my behalf as an
independent Canadian citizen, as a resident of the Northwest, but also on behalf of
many people who either can’t speak or are intimidated by the process to be here,
who have relayed many of their concerns and thoughts and hopes through me to
you.

This is about telling our story. This proposal of a pipeline and the super
tankers that are connected to it asks us to ask questions of ourselves, as a people,
as region, and as a country. And I believe, fundamentally, if I attempt to
summarize where the concerns lay, it is a question of trust. And I will break that
down into four particular segments because I think there are elements in this
question that are important for you to consider.

First and foremost is trust of this particular company. They are the one
making the proposal through you to the Canadian Government and through you to
the people that I represent here in the Northwest. Can the company be trusted?
Has the company’s record in the past shown it to be worthy of trust? I think this
is also a technical question, although I won’t — I will refer away from the
technical aspects of trust of pipelines themselves and of the capacity to keep them
safe and of the tankers that are associated to this project in the particular area that
we are talking about, and can we trust that that will also be safe?

In some ways, this very process is the third area of trust. Can the people
that I represent trust what’s happening here? Is it as you said in your introduction,

Chairwoman — and I think it’s accurate — as established as an independent arm ofgovernment? Is it free in the way that we have designed it to come to a decision and is that decision going to be respected? That is a question that many of the people that I represent — that is a question that I ask.

And, lastly, and perhaps most fundamentally, the question of trust of the
Federal Government, the Government of Canada to honour the commitments that
they make in law and by statute, that will be actually be adhered to.

And I think as we watch the current government in action, there is a
certain amount of mistrust over the particular issue of energy and over the
particular industry of oil; that many of my constituents feel that there is not a level
playing in the conversation; that they feel that perhaps we are an afterthought to
the interests of the oil sector and that we should have a respect for a fundamental
idea as Canadians; that we live in a democratic society and that the government of
the day goes well beyond its mandate and its ethics to attempt to bully or silence
Canadians when they seek to raise their voice at Panels like this or anywhere else
across the country.

Let me start first with the companies and I will relate my personal
experience because I think that’s what you’re seeking.

It’s been a number of years since I’ve been dealing with Enbridge. This is
not new to me, this is a company that I have been dealing with for quite some
time and, upon their invitation, met them some years ago — Chairman, I think you
may have that —

Sheila Leggett interrupts and says:: Mr. Cullen, I just want to make sure that we
were going to be — you were going to be talking to us about your personal
knowledge and experience about the potential effects of the project.

Cullen: Absolutely.
Leggett. THE CHAIRPERSON: Terrific.
Cullen: Absolutely. Allow me to relate –
Leggett:  On you or your community.

Cullen That’s right.

Leggett: Thank you.
Cullen: So allow me to relate to this.  So my first personal interaction with the company outside of some emails and some telephone calls, was a meeting that was held in Vancouver talking about how the company would interact with my community and what the effects would be of that interaction.

And the first thing that the company wanted me to know was that they had
been able to successfully raise a $100 million in the effort to promote this project;
a $100 million that was received in $10 million allotments that was from
undeclared sources.

I asked who is behind that and they neglected to reveal that, which is fine.
Since that meeting a number of years ago, we do know now who some of those
companies are. The reason this is relevant is that we have been unable to
encounter any project in Canadian or U.S. history that has had that type of money
and support behind just the promotion and engagement of citizens. It’s an
extraordinary amount of money and that money bares influence and it can’t be
ignored.

I thought it was an extraordinary claim for them to make, to be the first
thing that I should know, and it led to the second conversation; this is relevant to
your intervention that I sought with Enbridge to conduct community forums to
inform people as to the risks and benefits as perceived by both the Proponent and
opponent of the project. I thought that was a worthwhile role for a Member of
Parliament to play to facilitate that engagement.

I had not taken any public stand on the project. I had not made any public
utterances and thought my best engagement is what you’re essentially attempting
to do right here, which is to find out the various views about moving raw bitumen
1,100 kilometres in a 36-inch pipe and a corresponding pipe coming from the
coast into the interior.

For more than 18 months that conversation went on and on and on, to the
point where I realized that it was never going to happen, that the company had notentered into good-faith negotiations with me and felt that by being in those negotiations I was unable to declare myself publicly one way or the other.

I now turn to my experience with the Gitxsan Nation —

After Cullen’s statement about the lack of good faith negotiations, Laura Estep,  one of the lawyers for the Enbridge Northern Gateway objected.

We would like to express an objection to this presentation. We believe that it is argument. It is argumentative. It is a political agenda. This is nothing more than a political speech and we object on that basis.

Mr. Cullen has been directed on numerous occasions, in writing and
otherwise, by the Panel as to what constitutes appropriate oral evidence. We’ve
been listening this morning and have yet to hear that.

I don’t think it’s appropriate to continue waiting for something appropriate
to be provided in terms of oral evidence. It’s not oral evidence what he’s been
giving so far.

At this point, the transcript dryly notes “Reaction from the public” and Leggett calls for order in the room, going on to say:

This is a serious proceeding and we need to be able to have it unfold in a way that shows the kind of respect that we’ve all gathered here to be a part of. So I’d ask the audience to please refrain from verbally expressing or by handclapping or anything like that your perspectives.

Legget then asks, Mr. Cullen, any comments in reply?

Cullen: I’m surprised it took 10 minutes.
(Laughter/Applause)

Leggett: Excuse me —

Cullen: The notion — Madam Chair, I think it’s your comments about the audience.

Leggett: No —

Cullen: I also referenced those questions and those opinions.
I think it is critical for us to show as much decorum and respect and I’ve
attempted to, in my comments, to show that respect.

I looked very carefully at this Procedural Direction Number 4 and what is
oral evidence; it’s in the second bullet:

“Personal knowledge and experience about the potential effects of
the project on you and your community.”

My initial intervention in this was to describe the approach that was taken
and is being taken by the company to engage with my communities in the
promotion of the project and to describe the merits from the company’s
perspective.

I then described my intervention with the company to attempt to have as
much public engagement and disclosure as possible around the project and was
denied that.

I think both of those references directly speak to how the company seeks
to engage the people that I represent, which speaks to my personal knowledge
about the potential effects on the project and the community. How a company
engages a community is also linked to how the project will be manifest.

I will seek to speak to the personal references that I have and the
experience that I have with this company, but it shows some umbrage from the
company who attempted to limit my ability to even speak here at all today to then
suggest that they have the interests of the Panel at heart when they intervene
within eight and a half minutes to attempt to limit my testimony further.

Legett: Mr. Cullen, this is not a political statement.

Cullen: Absolutely.

Legett: And you’ve recognized as a politician it’s difficult from that aspect of it. I would ask you to please talk to us about your personal knowledge and experiences on the potential effects of the project.

Cullen: Absolutely.

 

Leggett: So if we could get straight to that point.

 Cullen: Absolutely.
Leggett So if we could get straight to that point.

 Cullen: Sure.
Leggett The Panel doesn’t need to hear the preamble and the setup of that. We’re interested in just getting straight to your personal knowledge and experiences about the potential effects.There are other stages in the process for argument —

Cullen: Sure.

Leggett —as you’re well aware, and as an intervenor you’ll have that opportunity at the appropriate place. But the concept of the oral evidence is to hear directly from you on yourpersonal knowledge and experiences on the potential effects of the project.

Cullen: So may I ask a procedural question then?

Leggett Go ahead.

Cullen: The point I was getting to before being interrupted was
my experience with the Gitxsan Nation and spending time with people in the
Hazeltons immediately following the impacts of a deal that had been publicly
reported to be signed between the Gitxsan Nation and the Enbridge company and
the local community effects.

I think it may be overly restrictive to suggest that only once a pipeline in
the ground and the effects of a potential spill are the only impacts. I would argue,
and respectfully argue to the Panel, that the engagement with the communities
that I represent is also an impact of the project, that the First Nations’
engagement, the engagement at the community level is part and parcel of what this project is.

To suggest that it’s only an engineering question full stop seems like it
would limit the ability of people presenting, as I am, to relate who this company is
and what they seek to do through the course of the implementation of this project.

The way a company conducts itself with a community in advance of a
project is also indicative of maybe how they will conduct themselves with a
community after the project is in the ground, if you follow my line of reasoning.

Leggett Again, I would remind you that we’re not here to hear argument.

 Cullen: I understand.

 Leggett We’re not here to hear the case from that perspective. And so I would ask you to continue to bear in mind that I will interrupt you —

 Cullen: Of course.

Leggett —and we need to hear your personal knowledge and your experiences about the potential effects of the project.

Cullen: Yeah.

Leggett And so within that context, I’d ask you to
proceed so that we don’t end up spending your time on this. I know you have 45
minutes —

 Cullen: Sure. So —
Leggett — and I know you probably have a busy schedule, so let’s listen to you again and see how this works.

Cullen: Let me try this and you’ll interrupt again if I’m offline. Inherent in the project is the ability to have agreements with First Nations. That is in the Application. That is in the nature and design of the project.

In my personal experiences, particularly in dealing with the Elders andHereditary Chiefs of Gitxsan, the project has been, to this point — in the attempt to sign a negotiated agreement to enable the project, the impact has been incredibly negative on the people within that nation.

I met with Enbridge some weeks ago in Ottawa, asked the company representatives if they would take responsibility for any of those upfront impacts of the way they were treating the First Nations people that I represent. I was told “No”. I think that’s wrong.

I think we cannot simply say that the impacts are only in the prospective
idea of a pipeline breaking upon the land or a super tanker running into an island
and leaking into the ocean. I think those are real. Those are perceived and
accurate.

But I think in the nature of the communities that we represent — that I
represent and that you will be visiting, it is also inherent in the way that we have
relationship. We started today off with relationship. We talked about respect.
You thanked the people who came in for their honouring of today. That is what
we are in fact also talking about.

I don’t know if I’m within the bounds of Procedural Direction Number 4,
but it feels to me that the two cannot be separated, that the way the company
conducts itself within the local communities and the First Nations is inherent to
the way the company will conduct themselves in the engineering and the cleanups
if there is an accident. Those two things seem to me indivisible.

Before I continue, I want to seek if I’m at all on the right track.

At this point the three members of the panel confer among themselves.

Leggett Mr. Cullen, you started your presentation by saying that you had stories to tell.

Cullen: That’s right.

Leggett And the stories that you are hopefully going to tell us about the land and the history of the land; that’s what oral evidence is about.

As far as potentially discussing what you believe is the credibility of the
company and those types of things is not within the framework of oral evidence.

As I said before, there is a different time in the proceeding for argument,
to present your views, to present the thoughts on how you think things have
unfolded, but the oral evidence is particularly to — as we’ve mentioned time and
time again, the Aboriginal traditional knowledge is a good indication of —

Cullen: Sure.

Leggett –what oral evidence is. So if you could constrain yourself to the stories, for example, of the land, of the history of the land, that would be the information that would be mosthelpful to us at this point.

 Cullen: I appreciate the Panel’s comment.  I was going to impugn that on the question of credibility. If the company has none, I won’t approach it in my testimony today.

Leggett Mr. Cullen, please, that’s not appropriate. Could you please proceed if you have stories about land use and the history of the land?

Cullen: So —

Leggett: If you don’t have –

Cullen: Absolutely.

Leggett —that, then I’m afraid it won’t be a good time
for us to listen to you.

Cullen: The history of the land is implicitly connected to the people who live here. The history of the land, the traditional knowledge that has been accumulated of this land, we have an expression here that says “The land makes the people. The people don’t make the land”.

— (Applause/Applaudissements)

Cullen: And it seems —

Leggett Excuse me, for people listening in over the
internet and also for the Panel, it’s very difficult when tthere continue to be
interruptions from the audience.

So could I ask you for your cooperation in helping us be able to proceed
here in a way that we can all hear and appreciate the oral evidence that’s being
provided?

Thank you.

Cullen: It’s tough. These are emotional and powerful issues for
people, and they — it’s tough to tell folks in the North to restrain themselves
emotionally sometimes. We are a passionate people, particularly when it comes
to the land.

The history of this land is connected to the people. The stewards of this
land have been the First Nations people for millennia.

The impact that I have seen to this point on the stewards of the land, by
even just the proposal of this project, has been to — so discord and a great division
within some of the communities that I represent. This is at a very personal level.

You asked for personal stories in which Elders have felt that expressing
their opinions one way or the other on a project has exposed them to abuse and
criticism, that it has divided communities, some of whom are very small and
intimate places to live.

The question that we have before us is: What impacts will this project
have on the land and the people which it sustains?

The proposal that a 36-inch pipeline carrying 525,000 litres of oil -barrelsof oil per day across some of the most rugged and difficult land to traverse, and the inherent risk that is associated to such an endeavour has affected people at their core because unlike some places in this world, the connection of people to that land is implicit, is inherent, and is in fact defended by the very Supreme Court of this country, that when a project comes along under the lawsand guise that are developed here in Canada, the law is not on our side. And so the impact on people at a personal level, the impact on people’s ability to imagine a viable economy, to remain stewards of both the ocean and the land is what is being put at risk.

Before we started our hearings today, I spent some time looking out at the
ocean and wondering, are there any decisions — is there anything that we are
doing here today to put that at risk? And that is true.

It is impossible for me, as somebody who represents 300,000 square
kilometres of north-western B.C. to suggest that the imminent threat of super
tankers, bigger than the Empire State Building, ploughing some of the most
difficult waters to plough does not have implicit threat to the people I represent.

When I visit the communities of Hartley Bay and Bella Coola, Metlakatla,
Lax Kw’alaams, the connection people have to the ocean environment is second
to none. It may be in fact difficult for some Canadians to understand that don’t
live in such communities.

You have the great fortune of visiting some of these places. You will eat
the food that they will generously provide for you. There’s an expression that
says, “When the tide goes out, the table is set”. And the people that I represent
and the impacts upon their very way of life cannot be measured only in dollars
and cents but in the very cultural fabric that holds people together.

You asked me for my personal experiences and what the potential impacts
of this project are. Before even a shovel has hit the ground the impacts have been
felt. I understand you don’t want that kind of testimony today. You want
something more implicit to the proposed actual building of the pipeline, but if
something starts off so badly at a human level, at a community level, how can we
expect it to turn out well in the end?

Ms. Estep: Madam Chair, I’m sorry to interrupt — interject again, but Icontinue to — Northern Gateway continues to maintain its objection that this is argument, not oral evidence.

The views he’s providing are argument, and we will be hearing directly
from the Metlakatla and the Gitxsan. Those parties can speak for themselves as to
the cultural impacts and their oral traditional knowledge. They’ll provide that
directly to the Panel.

Leggett Mr. Cullen, again, if we could get you to focus
in on the stories that —

 Cullen: Sure.

Leggett —you’re bringing today to us about the history of the land and the land, and to stay away — I mean, it’s not that we don’t want to hear your argument.

Cullen: I understand.

Leggett But it’s just not the right place.

Cullen: I understand.

Leggett And it’s the oral evidence piece that we’re here to hear from you today. So again, I would direct you to come back to that aspect.

Cullen: M’hm.

Leggett If you would like a little bit of time, we’d be happy to take a bit of a break for you to rethink where you want to talk to the Panel today or, you know, just proceed on that basis, but —

Cullen: I think best while talking, so I’ll keep on talking.

Leggett But while you talk, would you please contain yourself to the oral evidence, please?

Cullen: Yeah, absolutely. If I come, Madam Chair, to the point of objection that was raised, I take some significant umbrage with the idea that is suggested by the company that Ihave ever at this point, or any point in my political career —

Leggett Mr. Cullen —

Cullen: — attempted to speak on behalf of — Madam Chair, you
have to allow — there’s been — when interjections like this come there’s a certain
impugning of reputation that happens. To not be able to address the point of order
that is being raised by Enbridge seems to leave me at a certain disadvantage, that I
am only being accused of certain things and not being able to defend myself of
those accusations, and that, to me, seems somehow unfair.

Leggett Mr. Cullen, the objection that’s been raised is in
terms of the content of the material that you’re presenting —

Cullen: That’s right.

Leggett — in terms of oral evidence.  The Panel is continuing to remind you and ask you, please, to go to the personal knowledge and experience about the potential effects.

Cullen: So —

Leggett If you can’t do that —

Cullen: Okay. Allow me to —

Leggett — then we will have to —

Cullen: Let me try this.

Leggett — we’ll have to tell you that, you know, we’ll look forward to your argument at the right time, but the oral evidence piece will be finished for today.

Cullen: Let me try this. I met with a company, one of the leading companies globally who deals with spills from tankers. They’re the best of the best. I asked them for what the recovery rate was considered a success on a marine accident. I was told that in ideal conditions, anywhere approaching 10 per cent recovery of the total spill was considered successful.

I have lived by these waters. I represent the people who depend on these
waters. That knowledge and the potential impacts of a spill within the marine
environment and the inability to clean those up is a personal experience and a
knowledge — we cannot forbade the idea that we have to have actually sat in an
oil spill in order to comment on what the effects are going to be to the coastal
environment here.

We have knowledge at our hands in terms of what these impacts can be. The communities I represent are deeply concerned about this. My experience with them has been, in the past, when there have been accidents, the Queen of the North, for example, that the promises that have been made by both government and the private sector alike are only made when the cameras are rolling, but when the attention disappears the cleanup isn’t there.

And that is real and important in terms of the experience that we have had in the North Coast in dealing with government and in dealing with the private sector when commitments are made in the proposal of an idea that are not followed up in the actual implication and implementation of that idea. That is real experience; that is knowledge.

Leggett And, Mr. Cullen, you’re again referring to
technical information and scientific information, and again that’s a piece that will
come forward —

Cullen: Okay.

Leggett –in the cross-examination phase. I would still –

Cullen: Sure.

 Leggett –ask you to focus on the stories that you told you were bringing us today —

Cullen: Sure.

Leggett — about your personal knowledge and experiences about the potential effects of the project on you and your community.

You’ve — you and I are having this discussion on a regular basis now. If
the information you’re bringing just doesn’t fit within that scope today, then I
would — you may be asked to stop and we’ll hear from you at the appropriate time
when —

Cullen: So, may I ask a question before I proceed?

Leggett If you would proceed with your evidence that would be helpful and we will continue to go from there.  Mr. Cullen, this is a very important process and —

Cullen: I absolutely understand, Madam Chair.

Leggett –it’s very important that we deal with the aspects that are in front of us, and right now we’re in the oral evidence collection phase.

Cullen: That’s right.

Leggett: And as we’ve said many times, a good reference
point for that is the Aboriginal traditional knowledge. That’s the aspect of oral
evidence that is pertinent to this point of the review.

 Cullen: As has also been declared, the personal knowledge and
experience about the potential effects of the project on you and your community.

Leggett: Correct.

Cullen: I’m simply trying —

Leggett: That’s absolutely correct.

Cullen: — to follow the rules that you’ve been given out to the
witnesses. I find — I hold this Panel in respect. I attempt in every angle and word to adhere to the guidance that you’ve given me, the personal knowledge and experience about the potential impacts/effects of the project on me and my community.

I feel at this point somewhat disheartened that, in effect, the interpretation
of the guidelines being allowed and permitted at this stage so encumber the ability
of someone from the north, someone who represents people to actually present
what my experience has been with this company and what my experience has
been with the people that I represent and the implications of this project on those
people and on me and my family.

I find that through whatever course of angle I take the words that you gave
me and I seek to apply them to my evidence and I feel that it’s near to impossible
— near to impossible in the restrictions that have been offered and the
interpretation of that one line, that one sentence, that in fact you’re looking for
something entirely different.

Leggett: What we’re looking for is your evidence not
your argument.

Cullen: The evidence that I have is that, in fact, this process
suffers under a certain amount of intimidation from the Prime Minister of this
country.

Ms. Estep: Madam Chair, we continue to object. This is completely
inappropriate.

You’ve reminded Mr. Cullen numerous times now and he quite clearly has
a very different interpretation of what personal experience and oral evidence is.
And that just simply is not within the scope of what we are trying to do here
today, as you have pointed out numerous times.

Leggett: Mr. Cullen, at this point I’m going to suggest that we take a 10-minute break and —

Cullen: Five is good, if you don’t want to waste your time.

Leggett: I beg your pardon?

Cullen: Five is okay?

Leggett: Five is just great. Thank you.

Cullen: Good.

 Leggett: And again I want to make sure that you understand that it’s not that we don’t want to hear from you —

Cullen: I understand.

Leggett: — it’s just the time and place and the content, and so final argument would be the place for the type of information that you’ve been providing to the Panel today.

Cullen: Absolutely.

Leggett: And if you do have other information that relates to evidence as far as your personal experiences and knowledge, that’s what we’d like to hear about today. At a different point, which is the final argument, that’s where we’ll want to hear further in terms of the way you’re speaking today.

Cullen: Absolutely. So five minutes?

Leggett: Thank you.  Five minutes.

— Upon recessing at 10:01 a.m.
— Upon resuming at 10:08 a.m.

 Leggett: We’d like to get underway, please.

UNIDENTIFIED SPEAKER: Attention.

Leggett: Thank you for your help. That’s terrific. So
we’ll get back underway.

I just wanted to start off by saying, from the perspective of the Panel it’s an interpretation aspect. Your interpretation of what oral evidence is falls within our expectations of what argument is. And so I want to be clear that the stage and place for that is at a later time. And the oral evidence piece that we’re here to talk about is as you started to talk earlier on about your stories about the land and the historical land use. And so with that we’ll turn it back over to you.Thank you.

Cullen: You’re inviting me back for later, is what you’re saying.

Leggett: You’re an intervenor in the process, Mr. Cullen;we welcome you at all the appropriate times.

Cullen: Just keeping it friendly. Let me allow this; I wasn’t born here, I was born in Ontario and I chose to live here. I can remember coming off the ferry here in Prince Rupert with a beat-up ’86 Tercel and driving across the northwest to what I thought was an eight-month experience to do a contract in Smithers B.C. I had no expectations that this would become my home. I had no expectations that this would become my family.

I think the experience that I had driving across the north that day — it was a beautiful morning, going over the rivers and by the lakes and seeing the mountains — the most clear thought I had that day was if we mess this up there’s not much hope for us because everything’s here.

I’ve lived around the world. I’ve worked in countries that do not have the fortune that we have. And I realized that while this place is incredibly powerful -and I’m sure you share those feelings, having spent some time here — it will only continue with us if we respect the land.

The interconnectivity that I’ve seen between people and the land — my interconnectivity has increased enormously since living here. When I attend the feast halls of various nations across the north from Haida Gwaii to Fort St. James all the way to the Taku River Tlingit in the far north down to the Bella Bella and Bella Bella Coola people in the south, all of which is contained within this one federal riding.

It has been one consistent factor, and that is the land supports us and we must defend the land. That my ability, not just as a representative but as a citizen and resident of this place, to speak up when necessary in defence of this place is my responsibility and it will not be curtailed or shut down by anything. I think it is incumbent upon all of us when we live here.

I took a trip with some friends, who are also elected representatives, down the Douglas Channel two summers ago — and I hope this bears relevance to what we’re talking here today — and it was in a fishing boat. We like to fish up here. And it was not a big boat, 30, 35 feet. And I wanted to take the actual route that is being proposed by the Proponent. I wanted to see the waters. I wanted to see the channels. I wanted to understand what the challenge was in moving these incredibly large vessels through these particular waters.

And it was a beautiful day, it was a sunny day, it was summertime, and I was most struck coming out of the Douglas Channel going towards the ocean by the incredible sharpness of the turns that are required and having done at least a little bit of research on what the capacities and capabilities of super tankers are to manoeuver and to move.

I was asked this question that over the course of this project there will be approximately 15,000 sailings through that route, and I have to ask myself, and I ask this Panel, what the perspective is of perfection when humans are involved; that can we sail that narrow channel 15,000 times through all kinds of weather, all kinds of circumstances, both human and environmental, with never having made a mistake once, because we can’t make a mistake once.

When I stay in Hartley Bay people who this country celebrated as heroes,
as you’ll remember, after the sinking of the Queen of the North, they risked their
own lives to go out and save people.

And when I’m in Hartley Bay you have to hit the day right in order to see anybody because if it’s a day when you can go out and collect food, if it’s a good day for getting clams or sea urchin,  you’re not going to find anybody around.

11018. And in my vocation as a politician what I’m trying to do when I visit a community is see people, but I don’t despair when I end up Hartley Bay or Bella Coola and everybody’s gone, and they’re out fishing and they’re out collecting, and they’re out sustaining themselves and sustaining the land. And I’m reminded of that inherent connection every time.

And so when the Panel seeks to understand what’s being put at risk here, it’s not simply a meal, it’s not even just a job, but it’s an entire culture and way of live.

We sometimes say we are a salmon people, and you live here long enough you understand the inherent connection of that one species to our vitality as people. And we cannot survive without it.

So in your deliberations and your understanding of what the merits and the implications are of this particular project, you have to understand what the implications are for us. And it’s everything, it’s everything.

You’ll spend some time looking at this project. Maybe it seems like a long time to you but it’s very short for us. And you’ll move on and you’ll do other things.

I hope you’re impacted, as I have been by the people, because I know we’re supposed to talk about the rivers and the oceans and the trees, and all those things are important, but it’s the people that I think of when I’m here today.

And when I’m in the feast hall and we celebrate, we celebrate culture, we celebrate the bounty of this land, we celebrate coming together and forming nation. And I think what wealth we have and how generous people are here in sharing that wealth.

Thank you for your time.

— (Applause/Applaudisement)

Leggett Thank you, Mr. Cullen. The Panel has no questions.

— (Applause/Applaudisement)

Leggett: Thank you, Mr. Cullen. You’ve left the table now, but the Panel has no questions of clarification

 

Skeena Queen Charlotte Regional District votes to oppose Gateway

The Skeena Queen Charlotte Regional District has voted to formally oppose the Northern Gateway pipeline project.

The vote on Saturday followed a similar vote by Terrace on Feb. 13.

While Terrace chose to adopt the same resolution against the pipeline and coastal tanker traffic adopted last summer by the Union of BC Municipalities, the SQCRD was more careful, because the resolution had to be seen as not affected the other business for the port of Prince Rupert, especially the lucrative container traffic.

The resolution read.

Therefore, be it resolved that the SQCRD be opposed to any expansion of bulk crude oil tanker traffic as well as bitumen export in Dixon Entrance, Hecate Strait and Queen Charlotte Sound in British Columbia.

In the preamble to the resolution the regional district says it believes that the Enbridge Northern Gateway Pipeline will “result in increased crude oil tanker traffic and risk of accidental oil spills in northern coastal waters in British Columbia.

So far, Kitimat, the proposed port, has voted not to take a decision until after the report of the Northern Gateway Joint Review panel.

“This is another powerful statement that elected local governments in Northern British Columbia are opposed to the Enbridge Gateway oil tanker and pipeline project,” said city councillor, Jennifer Rice to the Northern View.

“Any effort to ram this project through will be a direct attack on our First Nations, the fishing industry and other coastal economies. We encourage development, but the risks are too great with this particular proposal.”

 

 

 

The No To Tankers Rally, Prince Rupert, BC, Feb. 4, 2012

Audio slideshow: No To Tankers Rally, Prince Rupert, Feb. 4, 2012No To Tankers Rally
The Gitga'at First Nation led the No To Tankers Rally in Prince Rupert, BC, February 4, 2012.

 

Click on this link to launch audio slideshow

A crowd estimated by the media at high of more than 2,000 to a low of about 600, marched through the streets of Prince Rupert on Saturday, February 4, to protest against Enbridge’s $5.5-billion Northern Gateway bitumen pipeline and the associated super tanker traffic.

The protest was organized by the Gitga’at First Nation, of Hartley Bay, at the mouth of Douglas Channel . Nearby Wright Sound, known for its tricky currents and winds in bad weather would be the passageway for most of the tanker.

The Tsimshian First Nation, the hosts, welcomed the Gitga’at and protestors from other First Nations and reisdents of northwestern BC, before the the march began at Pacific Marinter’s Memorial Park.

It ended at the Jim Ciccone Civic Centre, where, iin the afternoon, speakers spoke about environmental concerns, followed by a dancing and concert in the evening.

Gitga’at boats from Hartley Bay rescued passengers after the sinking of the ferry Queen of the North in 2006.

The Gitga’at say oil still leaks from the Queen of the North, affecting some shellfish beds in the area.

Northern Gateway Joint Review moves major hearings to Kitkatla, other coastal towns

The Northern Gateway Joint Review panel has made major changes to the hearing schedule.

Originally the schedule called for ten days of hearings in Prince Rupert. There are now seven days of hearings at Kitkatla, but not on consecutive dates.

A new schedule released this morning shows new emphasis on the towns along the coast. Prince Rupert is now down to two days.

Second update Feb. 1, 2012  The hearings at Bella Bella  Feb. 3 and on Feb. 4, have been rescheduled to April 2 and 3, 2012. The Heiltsuk say the request to reschedule the hearings was made because key individuals important to the oral evidence were out of town on other commitments on the original February dates.

The hearings at Hartley Bay will take place on March 3 and 4 at a location to be confirmed.

At Kitkala, the hearings will be held on March 9. 12, 13, 14, 15, 16 and 19 at Lach Klan School William Shaw Memorial Gymnasium.

Costa Concordia followed course similar to Queen of the North

Costa Concordia course track
The track of the Costa Concordia before it ran aground, based on data from Lloyd's List and posted on the BBC News website.

Tracking data obtained by the definitive British shipping news service, Lloyd’s List (subscription required) and posted on both the Lloyd’s and the BBC News websites show that the cruise ship Costa Concordia was far off its assigned and programmed course before it ran aground near the island of Giglio.

The BBC reports:

Costa Cruises boss Pier Luigi Foschi accused Capt Francesco Schettino of sailing too close to a nearby island in order to show the ship to locals.

The captain blames the disaster on rocks which were not on his chart.

 

The data shows that the Costa Concordia, with 4200 passengers and crew on board veered close to the island of Giglio before hitting rocks just 150 metres from shore.  The closest any cruise ship has ever been authorized to come close to the island is 500 metres.

The course of the Costa Concordia, heading straight for an island, looks similar to the course taken by the Queen of the North when it hit Gill Island. The difference, of course, is that while the Queen of the North failed to make a course correction at Wright Sound, the Costa Concordia was apparently deliberately taken off course.

Bloomberg News reported:

The captain of a Carnival Corp. cruise liner ordered the ship off its programmed route, an “error” that caused it to hit rocks off Italy’s coast in an accident that killed at least six people, the chairman of the cruise ship’s operator said.

The Costa Concordia’s route was set electronically before it left Civitavecchia near Rome…and the ship shouldn’t have been so close to the Giglio island where it struck rocks, ripping a hole through its hull, Costa Crociere Chairman Pier Luigi Foschi said at a press conference in Genoa…

“We can’t deny that there was a human error,” he said. “The route had been properly programmed in Civitavecchia. The fact that the ship strayed from that course can only be due to a maneuver that was not approved, not authorized nor communicated to Costa Crociere by the captain of the ship.”

According to Reuters and other news reports, the danger is a devastating oil spill from the capsized ship. Italy risks environmental disaster if ship fuel leaks.

As the Costa Concordia shifted dangerously on Monday, Italy’s environment minister raised the prospect of an environmental disaster if the 2,300 tonnes of fuel on the half-submerged cruise ship leaks.

The ship’s fuel tanks were full, having just left the port of Civitavecchia, north of Rome, for a week-long Mediterranean cruise, when it ran aground on Friday…

The area where the ship capsized, off the island of Giglio, is a natural maritime park noted for its pristine waters, varied marine life and coral. It is known as an excellent diving site.

“The environmental risk for the island of Giglio is very, very high,” Environment Minister Corrado Clini told reporters. “The aim is to prevent the fuel leaking out of the ship. We are working to avoid this. It is urgent and time is running out.”

Related Links: Costa Concordia

AFP Ocean giants’ ban needed on Italy coasts: environmentalists
Toronto Sun Human blunders seen at heart of Italy ship disaster
AP via Globe and Mail Rescue operations resume in Italian cruise ship disaster

Related Links: RMS Titanic There are now so many comparisons to the sinking of the Titanic, almost a century ago, with the sinking of the Costa Concordia, that Google News has now created tracking link for those stories.

Cruise line issues statement emphasizing safety precautions, but blaming captain

The Coasta Cruise line Sunday issued a statement about the sinking of the liner Costa Concordia, which ran around off the island Giglio, near Tuscany, Italy on Friday. There were 4,200 passengers and crew on board when the ship hit a rock or reef, was beached and later sank on its side.  Five bodies have been recovered, three people have been rescued from the hulk and 17 people are still listed as missing.

Related: Editorial: BC and Canada must ask why the Costa Concordia sank

The statement emphasizes the lines safety record, training and safety precautions, then implicates the captain,  Francesco Schettino, with “significant human errors.”  It says Schettino had first joined the company in 2002 as a safety officer.

An earlier statement, issued Saturday, said the ship follows the same route  “52 times a year.”

Sunday statement 2015 hrs Central European Time

We at Costa Cruises are deeply saddened by this tragedy, and our hearts and prayers go out to everyone affected and offer the determined victims’ families her heartfelt condolences.

Over the past 48 hours, more than 1,100 Costa employees have been working tirelessly in the wake of this terrible event. We are working closely with the authorities to support ongoing search and rescue operations, and are focusing on ensuring that all guests and crewmembers return home safely.

Our immediate priority is to account for all passengers and crew and to secure the vessel to ensure that there are no environmental impacts. We have engaged the services of a worldwide leader specialized salvage company to develop an action plan and help establish a protection perimeter around the ship. It should be noted that the Prosecutor in charge has seized the ship and the DVR– so called “black box” containing all navigation data and the vessel can be accessed by Costa only with permission from the authorities.

We are working with investigators to find out precisely what went wrong aboard the Costa Concordia. While the investigation is ongoing, preliminary indications are that there may have been significant human error on the part of the ship’s Master, Captain Francesco Schettino, which resulted in these grave consequences. The route of the vessel appears to have been too close to the shore, and the Captain’s judgment in handling the emergency appears to have not followed standard Costa procedures. We are aware that the lead Prosecutor has levelled serious accusations against the ship’s Captain, who joined Costa Crociere in 2002 as a Safety Officer and was appointed Captain in 2006, after acting as Staff Captain as well. As all Costa Masters, he has been constantly trained passing all tests. In light of these accusations and the continuing investigation, it would be inappropriate for us to comment further at this time.

As we are learning more about the event itself and the evacuation, however, it is becoming clear that the crew of the Costa Concordia acted bravely and swiftly to help evacuate more than 4,000 individuals during a very challenging situation. We are very grateful for all they have done.

Costa is committed to ensuring that no such incident ever occurs again. Our number one priority is always the safety and security of our guests and crew and we comply with all safety regulations. (See background on Costa safety below).

Background on Costa’s commitment to safety

Costa complies very strictly with all safety regulations and our personnel are committed, first and foremost, to guest safety and security.

All crew members hold a BST (Basic Safety Training) certificate and are trained and prepared to emergency management and to assist passengers abandoning the ship with numerous drills. Roles, responsibilities and duties are clearly assigned to all crew members. Every two weeks all crewmembers perform a ship evacuation simulation. A lifeboat and evacuation drill for all guests is conducted within 24 hours of embarking, as required by law. Costa has a computerised system which ensures all passengers undergo this drill.

The skills of Costa crew are periodically tested by Coastguard authorities and an independent classification organization as per SMS (Safety Management Systems) requirements.

There are lifeboats and jackets on board in excess of the number required for all passengers and crew. Lifeboats are equipped with food and water supplies, first aid kits and communication and signalling equipment. All life-saving appliances are aligned to international standards and are subject to close, regular inspection by shipboard personnel and certification authorities. All Costa ships are certified by RINA and have been built to the highest standards and technologies.

Saturday statements

1730 CET

“I want to express our deep sorrow for this terrible tragedy that devastates us” – said Gianni Onorato President Costa Crociere – “I am here only now because, as you will understand, I have been from the down until now on the Isola del Giglio to be close to the rescue operations.

First at all, I would like to thank all the authorities, law enforcement and volunteers who made all efforts to help and assist our Guests involved in this terrible event.”

We are not at this time able to provide an answer to all the questions, because the competent authority are trying with our cooperative efforts to understand the reasons for this incident.

On the basis of the first evidences, still preliminary the ship Costa Concordia under the command of the Master Francesco Schettino was regularly sailing from Civitavecchia to Savona, when suddenly the ship stroked a rock.

The Master who was on the bridge at that time, understood the severity of the situation immediately performed a maneuver aimed to secure Guests and crew, and started the security procedures in order to prepare for an eventual ship evacuation.

Unfortunately, this operation was complicated as result of a sudden tilt of the ship that has made difficult the disembarkation.

Thanks to the commitment of all forces coordinated by the Coast Guard, from that moment on, rescue operations have been further strengthened.

From the first time the company mobilized all its resources ashore to put in to assist our guests and crew members and prevent possible environmental impacts.

1200 CET

The Costa Concordia accident happened tonight it’s a tragedy that deeply shocked our company.

Our first thought goes to the victims and we would like to express our deepest condolences to their families and friends.

We’re close to the people who have been injured and we’re following their progress.

All our efforts are now concentrated in assisting the guests and the crew who were on board, to bring them home as soon as possible.

The Costa Cruises customer service has already started contacting by phone all the guests who were supposed to board today in Savona and starting from tomorrow in the scheduled ports.

At the moment no changes have been planned to the schedule of the other Costa Cruises ships.

People looking for assistance can contact the call centre number 08453510552.

All the Costa Cruises people would like to thank from the deepest of their hearts the Guardia Costiera, the authorities and the citizens of the Giglio Island and of Porto Santo Stefano who helped and assisted the guests and the crew.

They also thank the doctors who are assisting the injured and anyone in need of assistance.

The Company is cooperating with the Authorities that are investigating on the accident.

0500 CET

It is a tragedy that deeply affects our company. Our first thoughts go to the victims and we would like to express our condolences and our closeness to their families and friends. In this moment all our efforts are focused on the completion of the last emergency operations, besides providing assistance to the guests and the crew who were onboard in order to have them going back home as soon as possible. The emergency procedures started promptly to evacuate the ship. The slope, gradually taken over by the ship, made the evacuation extremely difficult. We would like to express our profound gratitude to the Coast Guard and all the forces co-ordinated by the Coast Guard, including the authorities and citizens of the island “Isola del Giglio”, who have been involved in the rescue and assistance to guests and crew members. The company will fully co-operate with the relevant Authorities in order to determine the causes of what happened.

0100 CET

Costa Cruises confirms the evacuation of about 3,200 passengers and 1,000 crew members on board of the Costa Concordia. An incident occured near the island ‘Isola del Giglio’ of the coast of Italy. The evacuation started promptly, but the position of the ship has worsened, making it more complicated to complete the last part of the evacuation. At this moment, the cause of the incident cannot yet be confirmed. The Company is currently working with the highest commitment to provide all the needed assistance. The Costa Concordia was sailing across the Mediterranean Sea, starting from Civitavecchia with scheduled calls to Savona, Marseille, Barcelona, Palma de Mallorca, Cagliari and Palermo. About 1.000 passengers of Italian nationality were onboard, as well as more of 500 Germans, about 160 French and about 1.000 crew members.

The Guests had to embark today in Savona and in subsequent ports will be contacted directly by Costa Cruises.

Editorial: BC and Canada must ask why the Costa Concordia sank

How could one of the most modern cruise ships in the world, the Italian liner Costa Concordia, presumably with GPS, satellite navigation, modern charts both on paper and computers, triple redundant aircraft type “bridge navigation systems,” depth sounders and hopefully look outs, hit rocks near the island of Giglio off Italy in calm seas on a calm night in the Mediterranean?

Update: Ship’s owners blame human error
Northwest Coast Energy News Cruise line issues statement emphasizing safety precautions, but blaming captain

Media reports are saying the sinking of the Costa Concordia was caused by “human error.”AP via The Globe and Mail Cruise captain’s conduct blasted as divers find more bodies

Maritime authorities, passengers and mounting evidence pointed Sunday toward the captain of a cruise liner that ran aground and capsized off the Tuscan coast, amid accusations that he abandoned ship before everyone was safely evacuated and was showing off when he steered the vessel far too close to shore.

BBC Cruise captain ‘committed errors’, say ship’s owners

The company operating a cruise ship that capsized after hitting rocks off western Italy on Friday says the captain may have “committed errors”.

He appears to have sailed too close to land and not to have followed the company’s emergency procedures, Costa Crociere said in a statement.

Capt Francesco Schettino is suspected of manslaughter, but denies wrongdoing.

Daily Telegraph Cruise disaster: ship’s owners blame human error

Independent on Sunday Jan 15, 2012
Front page of the UK's Indpendent on Sunday Jan. 15, 2012

(Media reports are different. Some say rock, since there is clearly a huge rock lodged in the ship’s upturned hull seen in news photos and media video, or a reef or a sandbar)

It’s a question being asked around the world at the moment, as the rescue operation continues at this writing. It’s a question being asked up and down the coast of British Columbia, not only because similar cruise ships ply the Inside Passage but because of the debate over the possibility of bitumen-carrying supertankers on the coast.

There’s another question you’re already hearing on when the television networks interview experienced mariners and naval architects. The Mediterranean off the west coast of Italy isn’t exactly uncharted waters, that region has been sailed for “thousands of years.”

The headline in Sunday’s UK Independent, “We hit a rock, it shouldn’t have been there,” brings to mind Odysseus. When Odysseus left the bed of Circe, the seer, one of the things she warned him to beware of were the “wandering rocks.” Most scholars believe that the wandering rocks were far to the south of the accident scene. The British sailor Ernle Bradford, who sailed what he thought to be the route of Odysseus in the early 1960s, and published his story in Ulysses Found, believed the Wandering Rocks were in the Straits of Messina, and might have referred to eruptions from the volcano Stromboli.

The cause of the accident is under investigation by the Italian police, who are holding the ship’s captain, Francesco Schettino, for questioning. The sinking will also be investigated by Italian and presumably other maritime authorities (since there were many nationalities, including Canadians, on board).

It is highly unlikely that there were “wandering rocks” in the path of the Costa Concordia. That’s not the point, the point is that Odyssey reflects the fact the mariners from Mycenean Greece and even earlier the Minoans and Phoenicians were sailing the waters where the Costa Concordia grounded by at least 1250 BCE, the usually accepted date of the Trojan War. Local mariners and fishers probably sailed that area for a couple of thousand years before the first traders ventured into the Mediterranean. If we take 1250 BCE as a starting date for trading ships in that region, that is 3,262 years ago.

The island of Sardinia, not far from the sinking site was, according to scholars, (including the distinguished Robin Lane Fox in Travelling Heroes Greeks and Their Myths in the Epic Age of Homer), the cross roads of the Mediterranean from about 1100 BCE to about 700 BCE. That’s because with the limited capacity of the shore hugging galleys and freighters of the era, Sardinia was a perfect meeting and trading point for the Celts to the north, the Iberians to the West, the Etruscans and others in Italy, the Carthaginians and west African people to the south and the great traders of that age, the Greeks and the Phoenicians from the east.

odyssseusmosaic
Odysseus as portrayed on a Roman mosaic.

Simple conclusion, if we take the date from 1100 BCE, the sea around Giglio has been charted for 3,112 years. Those scholars of the sea believe that the warnings Circe gave Odysseus were adapted by Homer from real sailing instructions probably passed down as oral poems in age, between the collapse of Mycenean culture and the rise of classical Greece, when only a tiny handful of Phoenicians could read or write.

One has to wonder if the bridge crew of the Costa Concordia had just had a Roman chart, whether or not the cruise ship could have avoided the rocks/sandbar/reef.

So what went wrong and what does that mean for the controversial plan to have hundreds of both bitumen and LNG laden tankers going up and down the British Columbia coast?

Britain’s Daily Telegraph is already asking what went wrong, in Cruise disaster: Perfect storm of events caused Costa Concordia crash. The Telegraph is pointing out something critical to the plans by Enbridge for a highly computerized navigation system for Douglas Channel, the Inside Passage and the British Columbia coast: that many of today’s bridge officers don’t have the skills that Capt. George Vancouver would have demanded even from the youngest teenaged  midshipman when he first charted the  west coast for the Royal Navy.

The captain was reported to have said he hit a rock that was not marked on his charts. But that failed to explain adequately the scale of the disaster, which experts said should be unthinkable….

The Concordia, whose officers were all Italian, will also have operated Bridge Team Management, a system adopted from the aviation industry whereby each operation is double and triple-checked by several members of the crew….

Modern ships are required to carry voyage data recorders which store detailed information about the vessel’s speed, position, heading, radar and communications…

The first thing investigators will have to determine is whether the vessel should even have been where it was.

A source close to the investigation told a leading Italian newspaper that the boat was on the wrong course — possibly due to human error — and was sailing too close to Giglio.

The ship should have passed to the west of the island, rather than the east, according to this theory.

Yesterday fishermen on Giglio and in Porto Santo Stefano said it was very unusual for such a large ship to attempt a passage to the east of the island….

Douglas Ward, a cruise ship expert and author of Berlitz Ocean Cruising and Cruise Ships, said: “Crew don’t have as much training as in the past.

“Ships today are built with completely enclosed navigation bridges and the navigators don’t even have to learn how to use a sextant, whereas marine officers in the past always had to.

“The advance in hi-tech navigation systems is so good that we have come to rely on them. But even these can fail — look at car satnavs.”

So if the Enbridge Northern Gateway project is approved, and even if Enbridge implements all the navigation improvements it says it will, it all comes down to the competence of a bridge crew. Perhaps a GPS could tell them to turn to port instead of starboard (as GPS units in cars sometimes do) and there could be tanker hitting Gill Island, just where the Queen of the North sank, even if it is tied to an escort tug.

What makes the sinking of the Costa Concordia  even more frightening is the negligence of Stephen Harper  and his cabinet cronies who are gutting Canadian Coast Guard and DFO resources on both the West and East Coasts.  It will be years before those super tankers might start coming up Douglas Channel.  There was lots of rescue capability on the coast of Italy from the Italian coast guard and local boats. What about the giant cruise ships, a key aspect of the British Columbia economy?  What if one of those ships got in trouble? The captain of the Costa Concordia was able to beach the ship right by the sea wall at the port of Giglio.  On the rocky coast of BC,   that giant cruise ship could go to the bottom in minutes just as the Queen of the North did, with little or no immediate hope of rescue.

 

Bradford's voyage
A detail of a map from Ernle Bradford's Ulysses Found, published in 1964, retracing the voyage of Odysseus. Homer's epic is probably a record of a voyage around 1250 BCE. The point where the Costa Concordia sank has been added.

Haisla voices at the Joint Review Panel: Samuel Robinson

This story presents the unfiltered voices of Haisla chiefs when they testified at the Northern Gateway Pipeline Joint Review hearings on January 10, 2011, at Kitamaat Village, based on the official transcript.  There have been minor edits for clarity.

 

My name is Chief Jassee. My English name is Samuel Robinson. I’m from Beaver Clan;

Samuel Robinson
Samuel Robinson

hereditary Chief of the Haisla Nation. I was born here in Kitamaat Village but spent a lot of my childhood days with my father trapping in Wewanee.

The area is rich with all kinds of food; halibut, cod, mussels and all kinds of seafood. There are a lot of fur-bearing animals. This is why I’m really concerned if this is damaged. In Wewa, we have a hot spring there. The first tub was made by my dad and my uncle George, made out of wood. If there’s any kind of spill that will be damaged.

There is a lot of seafood there. There is still a lot of seafood, I know because I’m owner/operator of a fishing charter business for the last 45 years. There are still a lot of fishing charter boats that depend on fishing in the Douglas Channel. I also watch the commercial fishermen. I know every inch of our territory because I’m out there almost every day in the summertime running my business.

I’ll get back to the head of the Kitimat River; this is where my concern starts.

We used to fish the number one reserve for a fish called eulachons, 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 eulachons now, but the salmon still go up there.

This is our last resort. Thank you for listening to me.

Up the river, we spend our days there, harvesting eulachons. 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 eulachons out of the water. In fact you could walk across to the other side. That’s how plentiful it was when we were thriving. No more eulachons.

From the eulachon camp, we follow the river down to Kacla’isaa in my language Kacla is, English, “foot of the river.” There on the left-hand side, you’ll see a rock, a figure of a human being. We call it in my language, kwalach; that means sissy. It was used to teach young children, teenagers, not to run away from enemy but to stand up or else you’ll turn into a rock.

That’s what it is used for, to teach our children. This is what I’m concerned about, if it’s covered up with something. You travel down the same river, foot of the river, about a few lengths down you come to another carving, carving on rocks we call handumatsa in my language. It means bow and arrow, hatweegit. That protects the river; that’s what it’s there for.

And you travel down into the sea you come to my village, and at the point called Raley Point, right outside the south end of Kitamaat Village, there is another carving right down the beach, the figure is of a killer whale. You walk along the beach further to a creek called Wart, another carving is there and it’s carved, the figure is a human face. These are all signals that we were here for a long time.

If you look across the bay, right across the Bish Creek there’s another historic site there. We call it Huntclic in my language. It means targeting area. When the raiders come to raid my village they target in this rock. And the old people used to tell me the story — this is just within 100 years. The shafts of the arrows were sticking out. When the white man came here, they heard of it and went to check it and they found the remains of the arrowheads.

You travel down a little ways more and there’s a rock sticking out, the name of it is Kabat Regat. It’s a historical site too that teaches the young kids about sex and all that, what you’ll turn into if you misuse it. Adultery was a no -no in my village and that’s what this was for, to teach the young kids.

You travel down furthermore, you come to a place called Gilttoyees, a long inlet, and on the south mouth of the river — of the inlet you’ll see paintings, paintings of Indian paint telling who owns that area, who was there. And I’m one of the last ones that can read the signs and it makes me — tears come out of my eyes.

You follow the channel; you come to a place called Foch Lagoon. There was a village there — still there, a historic site too that will be affected by whatever damage. These were half human beings and half animals. It’s recorded in our history. We call it Fochfu in my language.

So these are all the places that I’m really worried about.

And you go further down the channel, we go into the Hartley Bay area, there are big boulders there carved in stone. It’s still there. Now I will tell you what the reason is, why these are carved in a tidal water. Most of it is below low water.

The Chief hired helpers to carve these rocks at low tide so when the raiders come in they will be the first one to spot the raiders and warn the Chief to get away. They were also helpers that carved mid-tide; these were done to warn the Chief, early warning, when the raiders come.

These are all the places that I’m worried about. It’s our history and it’s how we teach our children and our teenagers up till today.

And you go up to the Kitlope, at Kemano Village, at the south end of the village there’s another carving, a carving of a human being, a human face, That’s to protect that village from raiders. You go up to Kitlope, at the mouth of the river you’ll see all kinds of paintings telling who owns that place — we own it.

So these are all the things that I’m worried about. If it’s covered up with oil how are we going to protect ourselves? This is my concern.

And getting back to the sisur rock in the mouth of the water. If we — are we going to protect ourselves or are we all going to turn into stone? I don’t know. I’m happy — I’m hoping that doesn’t happen.

So all my area where I trap, where I trap — my dad’s favourite trap, I own it now. There are an abundance of fish there. There’s halibut, all kind of seafood, all kind of birds, all kind of fur animals.

This is what I’m concerned about, because my people, my family and everybody survived on all these animals. Please help us and hear us so we can continue to live the way we are. We are who we are.

I am the 11th Haimus, hereditary Chief of Kitimaat Village. My name is Jassee. I was born into the bloodline; that is why I’m a chief. I did not choose to be a chief. All our lives my brother and I were trained in the role of responsibility as a leader of the Beaver Clan and the Haisla Nation. It just didn’t happen overnight.

I started my training from my grandmother and mother when I was only
12 years old. I know all the history, laws, ins and out of the Native culture. Probably
I’m the last one. So there, hear me, please.

The transfer of my name was done according to custom tradition of our ancestors. The oldest son of the mother is first in line for the title. When he dies the next oldest brother takes over, the son to be, same bloodline clan as the mother.

My brother Tom — the late Tom Robinson, my brother — held this name before me for 50 years. So if you add all the chiefs together it comes to a lot of numbers.

Our nation is subdivided by a clan system according to your mother’s line. The Beaver Clan, the Raven work together. The Eagle Clan, Fish, Salmon, and Killer Whale, each clan is headed by the chief who acts as their leader and all the directions of Jassee of the Beaver Clan. The major benefit of this system keeps history, maintains law, protects family, divides responsibility and education.

During a trauma, a celebration, a major undertaking all clan members provide comfort and support. We know ourselves, Haisla, which means “People Living at the Foot of the River at the South End.” Haisla means “south.” You know we’re in the north but to the Nass Valley people we’re the south people; that’s why we’re called Haisla.

Later the Tshimshian called us Kitamaat, which means “People of the Snow.” We speak part Kwakuit language. Group of why we understand people from clan too, Bellabella, Alert Bay, Macaw from the United States. Our territory is located approximately centre of the north and south border of the west coast of B.C. We are surrounded by other First Nations.
Our territory includes the land and waters surrounding all of Kitimat River, the Douglas Channel up to including Gardner Canal. We know all these places by Haisla name and by the use of their resources.

In the past, during the mid-winter, our people move over gathering and providing food, making tools, building canoes, drying salmon, digging for clams and cockles, collecting roots, berries, plants, medicine; for many other reasons.

We live here in Kitamaat Village which was used as a winter settlement because of the location from extreme weather conditions. My mother, late mother, Laura, was asked how long we have lived here. She motioned with her thumb and her index finger almost together and said: “Since the trees were this small.” That’s my mother.

Judging from the growth of the spruce tree located near the Kitimat River Oolikan camp Housing Site, we have been here for 1,500 to 2,000 years according to the growth of the tree. Our people have travelled various of locations to harvest food, material, trading with other communities up and down the Coast by dugout canoe.

We also travelled by land through the B.C. interior. For example, our people in Kimaloo area travelled over the mountain to trade our eulachon grease with people living in the B.C. interior. Some married there and some of us still have relations living there.

We know our ancestors travelled up and down the West Coast of what is called now “the United States”. Because of our isolat ion, we had to be self-sufficient, depending our ability to utilize our territory resources: the forest for its plants and animals; the river for its varieties of food, seafood, shell fish and other seafood.

Our main source is the salmon which we preserve by the hundreds for each family for immediate use and winter use. It worries me to think all of these will be lost and destroyed when there is a spill. Mark my word, when there is a spill. Experience shows it will happen.

We have always been taught to take only what we need and to leave the harvest site in the same or better manner, condition, which — when we leave the area. This is a global concern to keep everything clean now.

We always have been a peaceful nation but when it isn’t through discussion and negotiation, when all fails, we went to war to protect our family, our rights, our ownership of food, shelter and safety.

When they made our reservations, our Chiefs had very little education; in fact, couldn’t write or read. But we had one stand-out Chief named Sunre. His name was Johnny Bolton. On September 1st, 1913, the Royal Commission interviewed Kitamaat Indian Chief Sunre. Chief Johnny Bolton made the following statement — Chief Johnny Bolton, this is his words:

“We are troubled about our land. It is not straight to us somehow. It is ours because we were born here, our forefathers before us. We want you to understand it. We want to know how Government got the land outside the Reserve. Chairman, we have not anything to do with land outside the Reserve, we have no authority to settle that question at all. It is no use bringing it before us.”

“We are troubled about how the Government has gone and sold our land outside our Reserve. We know it’s our land and not the Government’s and they have gone out and sold it and done what they like with it.”

 

For that, I don’t want that to happen again. We want to say — we want our say in this process that’s coming up, this pipeline. We will be not walked over again like the way they’ve done on the Reserve system. We want to have a voice and we’re going to have a voice.

Thank you for your kind attention.

Links January 4, 2012

Updated

Vancouver Sun series
B.C. residents support Northern Gateway pipeline project: poll

British Columbians by a 48-32 percentage margin support the $5.5-billion Northern Gateway pipeline project linking the Alberta oilsands to the West Coast, according to a new poll.The Ipsos-Reid survey, commissioned by project proponent Enbridge Inc. of Calgary, counters the perception that an overwhelming majority of British Columbians are against the controversial megaproject, according to Enbridge spokesman Paul Stanway.

Despite the promise of thousands of construction jobs and hundreds of millions of dollars in contract opportunities, the business community in northern B.C. has had a low-key reaction to the controversial pipeline project.

Northern View (Prince Rupert) Cuts to Coast Guard hours and changes in procedure coming to Prince Rupert station

The Coast Guard is cutting back on the staff on watch at the Prince Rupert Coast Guard station as of this month, but only when someone can’t make their shift, and only if the supervisor thinks they can manage without. In order to save money the Federal Government is ordering DFO to claw back on the amount of overtime being paid to Coast Guard employees. There are usually three people manning communications equipment at all times in the Coast Guards marine communications and traffic services station in Seal Cove.

The Tyee Enbridge Pushes Oil Tanker Safety Strategy
Kitimat critics unconvinced by double hulls, super-tugs and fast response spill promises.

Journal Star (Lincoln Nebraska) Mike Klink: Keystone XL pipeline not safe
..as a civil engineer and an inspector for TransCanada during the construction of the first Keystone pipeline, I’ve had an uncomfortable front-row seat to the disaster that Keystone XL could bring about all along its pathway.

Troy MediaThe Northern Gateway project is a Canadian decision
Foreign billionaires don’t care if thousands of Canadians go without jobs

Oil spill caused “unexpected lethal impact” on herring, study shows

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Scientists from the University of California at Davis and NOAA studying herring spawning beds in San Francisco Bay after the Costco Busan oil spill. (UC Davis)

A 53,569 gallon  (202,780 litre) spill of bunker oil in San Francisco Bay in 2007 had an “unexpected lethal impact on embryonic fish,” according to scientists from the University of California  at Davis  and the US National Oceanic and Atmospheric Administration who spent two years on follow-up research after the spill, looking at the effects of the spill on Pacific herring.

One significant finding from the study is that different oil compounds, for example crude or bunker oil, likely have different effects on vulnerable environments.

On November 7, 2007,  the container ship Cosco Busan hit the San Francisco-Oakland Bay bridge, breaching two fuel tanks and sending the bunker oil into the bay.  Television images of the accident were seen around the world.

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Damage to the Cosco Busan.  ( PO 3 Melissa Hauck/US Coast Guard)

The oil spill polluted  the nearby North Central Bay shoreline spawning and rearing habitat for  herring, described  by the study as “the largest coastal population of  Pacific herring along the Continental United States.”   The spill happened a month before the herring spawning season.

The herring from the estuaries of San Francisco Bay  migrate in large schools up the Pacific Coast to the Bering sea, and are food for  whales, other mammals, salmon and birds.  After two years at sea they return to the spawning grounds.

The study also notes: “Herring are a keystone species in the pelagic food web and this population supports the last commercial finfish fishery in San Francisco Bay.” It adds: “Although visibly oiled shorelines were cleaned, some extensively, only 52% of the oil was recovered from surface waters and land  or lost to evaporation.  The amount of hidden or subsurface oil that may have remained near herring spawning areas  is unknown.”

The study, Unexpectedly high mortality in Pacific herring embryos exposed to the 2007 Cosco Busan oil spill in San Francisco Bay, was published Monday, Dec. 26,  in the journal Proceedings of the National Academy of Sciences.

The study suggests that even small oil spills can have a large impact on marine life.  Gary Cherr, director  of the UC Davis Bodega Marine  Laboratory and lead author of the study says, “Our research  represents a change in the paradigm  for oil spill research  and detecting oil spill effects in an urbanized estuary.”

That’s because the study builds on research following the 1989 Exxon Valdez  disaster in Prince William Sound, Alaska, which released  32 million gallons (121 million litres) of crude. The Exxon Valdez spill also happened close to the herring spawning season and studies since then have shown mortality and   abnormalities in the fish in Prince William Sound.

The San Francisco study  shows that the bunker oil accumulated in naturally spawned herring embryos. At low tide, the oil then interacted with sunlight in the shallower regions of the estuary, killing the embryos.  A control group of herring, fertilized in a laboratory and place in cages in deeper water, were protected from the combination of oil and sunlight but still showed  “less severe” abnormalities.

“Based on our previous understanding  of the effects of oil on embryonic fish, we didn’t  think there was enough oil from the Cosco Busan spill  to cause this much damage,”  Cherr said. “We didn’t expect  that the ultraviolet light  would dramatically increase toxicity in the actual environment, as might observe in controlled laboratory experiments.”

One reason may be that crude oil, the kind spilled by the Exxon Valdez, is naturally occurring liquid petroleum. Bunker  oil is a thick fuel oil distilled  from crude oil and used as a fuel on ships. Bunker oil can be contaminated by other, unknown substances.  In the case of the Cosco Busan,  the bunker oil was relatively low in sulfur compared to some other bunker fuels but the embryos showed higher than expected levels of sulfur compounds.

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Scientists from the University of California at Davis and NOAA studying herring spawning beds in San Francisco Bay after the Costco Busan oil spill. (UC Davis)

The scientists  analyzed the levels of oil-based compounds in the caged herring embryos at four oiled and two-non oiled sub tidal sites, all at least one metre below  the surface.  Naturally spawned embryos from shallower areas were also studied.

In November, 2007, the spilled oil was visible in the areas chosen for the study.  By the time the herring eggs were incubating, oil was not visible in the contaminated areas, except for some tar balls found on shore.

The researchers began the study in February 2008 .  At the time, three months after the spill,  the caged embryos showed non lethal heart defects, typical of exposure to oil spills.  The embryos in the shallower sub tidal zones showed the same heart defects but also had “surprisingly high rates of dead tissue  and mortality  unrelated to the heart defects.”

“The embryos were literally falling apart with high rates of mortality,” Cherr said.

Normal herring embryos are translucent and colourless when they hatch, except for the pigment around the eye  and melanophores (pigment cells) along the gut.  The  the brain, spinal cord and  axial muscle from embryos from the oiled sites were not as clear. Those embryos had no heart beat and the skin tissue was disintegrating.

No  toxicity was found in embryos in unoiled sites, even those close to major highways. The researchers concluded that the high death rates  did not seem to be caused by natural or man made causes unrelated to the spill.

In 2009, when the scientists concentrated on the role of sunlight, the study showed that the embryos had death rates characterized by  loss of tissue similar to the embryos from the year before,  but possibly caused by undetected compounds from the oil spill.

In 2010, the scientists again looked at embryos from the oiled and unoiled sites. By that time, the hatching rates from the oiled sites were similar  to the “relatively high hatching rates” for the unoiled areas.  However, there was a “significant incidence” of heart problems  among embryos from the oiled sites.

The scientists conclude that while the Exxon Valdez spill did show oil poisoning fish in the early stages of life,  they say  case wider research is needed beyond that done for in the case of the Exxon Valdez because the  Cosco Busan

1. Highlights the difference in effects on fish from exposure to oil of differing composition (i.e. Crude vs bunker)
2. Shows  the role of sunlight, interacting with local conditions (such as shallow water)  can have significant affects on toxicity.
3. Shows the need for more study of the toxic effects of different oil compounds
4. The study has shown the “exceptional vulnerability of fish early stages to spilled oil.”

The conclusion adds  “Although bunker oil typically accounts for only a small fraction of oil in ships,  so spills may be small relative to those of crude oil, it may carry a potential  for disproportionate impacts of in ecologically sensitive areas.”

Both Ellis Ross, Chief Counsellor of the Haisla Nation and April McLeod, president of the Kitimat Valley Naturalists expressed concern abut the findings of the study, especially with the Joint Review Hearings on the Enbridge Northern Gateway pipeline scheduled to begin a few days.

The numerous environmental critics of the Northern Gateway pipeline have pointed out that there is no way of knowing what would happen to an area like the Kitimat River, estuary and Douglas Channel is there was a bitumen spill.  Enbridge has filed documents with the Joint Review Panel that include simulations of a spill.  The new San Francisco study shows that any oil spill could have unforeseen effects.

Plans call for at least three new terminals to be built close to the Kitimat River estuary, not just the controversial Enbridge terminal for bitumen, but at least two for the liquified natural gas projects,  KM LNG and BC LNG and in all three cases ships would normally be fueled by bunker oil.

The Kitimat estuary has been industrialized for 60 years since the building of the Rio Tinto Alcan smelter, but still has large areas teeming with fish and wildlife, so the estuary is somewhat in the middle between the heavily urbanized estuaries of San Francisco Bay and the more pristine Prince William Sound.

Ross pointed to the collapse of the oolichan  in the Kitimat River as a strong indicator of potential problems.  He recalls that in the early stages of the Eurocan paper mill the Haisla Nation was told there would be no effect on the oolichan, but soon after the mill began operations, the oolichan population collapsed.  That is why, Ross said, the Haisla  are wary of the plans and want to see more and stronger studies done on the effects of bitumen and other oil compounds in the region.

Other comments were unavailable due to the holiday. They will added as received.

686-kitimatestuary.jpg Kitimat River estuary on Dec. 17, 2011, showing a Rio Tinto Alcan transmission tower. (Robin Rowland/Northwest Coast Energy News)

California Fish and Wildlife Cosco Busan spill web page.

According to Wikipedia, the US National Transportation Board found that the Cosco Busan accident was caused by
    1. the pilot’s degraded cognitive performance from his use of prescription medications, despite his completely clean post accident drug test,
    2. the absence of a comprehensive pre-departure master/pilot exchange and a lack of effective communication between Pilot John Cota and Master Mao Cai Sun during the accident voyage, and
    3. (COSCO Busan Master) Sun’s ineffective oversight of Cota’s piloting performance and the vessel’s progress.

Other contributing factors included:

  1. the failure of Fleet Management Ltd. to train the COSCO Busan crewmembers (which led to such acts of gross negligence as the bow lookout eating breakfast in the galley instead of being on watch) and Fleet Management’s failure to ensure that the crew understood and complied with the company’s safety management system;
  2. the failure of Caltrans to maintain foghorns on the bridge which were silent despite the heavy fog;
  3. the failure of Vessel Traffic Safety (VTS) to alert Cota and Sun that they were headed for the tower. VTS is legally required to alert a vessel if an accident appears imminent, yet they remained silent;
  4. the malfunctioning radar on the COSCO Busan, which led Captains Cota and Sun to use an electronic chart for the rest of the voyage. Although Coast Guard investigators found the radar to be in working order, they did not examine it until days after the accident (allowing time for faulty equipment to be fixed, which is not uncommon after a marine accident)
  5. Captain Sun’s incorrect identification of symbols on the electronic chart;
  6. the U.S. Coast Guard’s failure to provide adequate medical oversight of Cota, in view of the medical and medication information he had reported to the Coast Guard.

NTSB report on the Cosco Busan accident  (pdf)