Heiltsuk Nation Chief Marilyn Slett attends a news conference in Vancouver, on February 25.DARRYL DYCK/The Canadian Press
Indigenous opposition in British Columbia may not be able to stop a pipeline pledged in an agreement between Ottawa and Alberta. But coastal First Nations say they’re prepared to challenge any project in the courts, thus adding delays and uncertainty.
Prime Minister Mark Carney and Alberta Premier Danielle Smith signed the deal Thursday, pledging support for a new bitumen pipeline provided certain conditions are met. If it happens, the federal government said it would adjust the current oil tanker ban for B.C.’s north coast – something that is a non-starter for many coastal First Nations.
Mr. Carney touted the deal as a way to make Canada an energy superpower while also addressing climate-change concerns. However, he struck the deal without involving the B.C. government or Indigenous groups.
Terry Teegee, regional chief of the British Columbia Assembly of First Nations, said nations’ opposition to a northern oil pipeline on B.C.’s coast has been consistent and he doesn’t see that position changing. “We’ve beaten this horse to death for the last 20 years,” he said, calling the MOU a “massive misstep” by Alberta and Ottawa.
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The Prime Minister said the agreement is a first step and the start of a process, and that a pipeline needs to have a private-sector proponent and Indigenous support.
“There needs to be full partnership, including equity ownership, substantial economic benefits with First Nations – First Nations in Alberta, First Nations in British Columbia – as well as agreement and substantial economic benefits for the people of British Columbia,” he told a news conference in Calgary on Thursday.
The MOU promises that the federal and Alberta governments will engage in “early, consistent, and meaningful consultation” with First Nations along any pipeline route. However, it does not promise to obtain consent from Indigenous communities.
Coastal First Nations president Marilyn Slett said the MOU does nothing to improve the chances of the pipeline becoming a reality.
“We will never consent to allowing oil tankers in our coastal waters,” she said. “We will never tolerate exemptions to an oil tanker ban that has existed for over 50 years, and it is foundational to protecting our economy and our way of life.”
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Ms. Slett, who is also elected chief of the Heiltsuk Tribal Council, said her group will do everything in its power to ensure the project never proceeds, including mounting a legal challenge if needed.
Grand Chief Stewart Phillip, president of the Union of British Columbia Indian Chiefs, said that “no bilateral deal can extinguish our inherent title and rights, and no federal legislation can erase the Crown’s obligation to obtain free, prior, and informed consent.” He added the answer is still no and always will be.
After Enbridge spent half a billion dollars in an effort to win the right to build a pipeline to carry Alberta bitumen to tidewater, the federal government pulled the plug on the Northern Gateway project in 2016. Ottawa had initially approved the project, but that decision was quashed by the Federal Court of Appeal because of a failure to adequately consult with First Nations.
Indigenous law expert Jack Woodward said pipelines that go through reserve lands will generally need agreement or consent. More broadly, Indigenous rights and title can be cited to oppose a pipeline project, but Canada can seek to justify an infringement on them.
“If the relationship is respectful and properly managed, and if the threat from the United States is taken seriously by the courts, probably Canada gets to do it,” Mr. Woodward said.
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Thomas Isaac, another Indigenous law expert, said the Crown’s duty to consult does not require consent or agreement, but it does require a high degree of commitment.
“I have never seen a project where such obligations could not be met – but it requires diligence and leadership from the public government decision-makers,” he said. “This has been the single biggest factor in projects not succeeding at consultation.”
While opposition mounts in B.C., some First Nations in Alberta are more supportive of the MOU. Several leaders joined Ms. Smith at her press conference.
Fort McKay First Nation Chief Raymond Powder said he would be interested in becoming a co-owner of the pledged pipeline, and remained optimistic it would happen despite the objections in B.C.
Dale Swampy of the National Coalition of Chiefs, who had backed Northern Gateway, said he encourages First Nations to speak to project proponents.
“They’re professionals that spend a lot of money, more than any other country in the world, on integrity, safety and environmental protection,” he said, adding a First Nation should own the pledged pipeline.
With reports from Stephanie Levitz and Emma Graney