First Nations in British Columbia have filed eight separate legal challenges to the federal government’s decision to list the proposed Pacific Link oil pipeline between Alberta to B.C.’s coast as a project of national interest, fast-tracking its review.
Among them is Tsartlip First Nation on Vancouver Island, which said it filed a Federal Court application for judicial review on Friday, asserting Ottawa had not “given sufficient information about the project and its potential impacts.”
Adam Olsen, a spokesman for the nation, called the pipeline decision “reckless” and “rushed,” saying in an interview on Monday that Ottawa had failed in its duty to consult Indigenous communities.
“Tsartlip has a responsibility, as has been expressed by our chief and council, to look after its territory, stand up for those places for the past, present, and future,” said Olsen, who is a former B.C. Green legislator.
“These are incredibly important fishing areas for our people, and so the process was rushed. It was through the middle of summer and the government failed its basic test.”
The pipeline was the first project to receive the national interest designation under the Building Canada Act during an announcement by Prime Minister Mark Carney and Alberta Premier Danielle Smith last month.
It means the project would be subject to a fast-tracked, streamlined regulatory process conducted by the federal major projects office.
Olsen said the process is moving too fast.
“The national interest designation concerns a multibillion-dollar publicly funded project that is not expected to be completed until 2032,” he said in the Tsartlip statement. “Yet the consultation and decision-making process happened in less than three months.”
The proposed pipeline would largely follow the path of the existing Trans Mountain pipeline to an export terminal in Metro Vancouver, with an estimated price tag between $35.2 billion and $42.7 billion.
The nine nations involved in challenging Ottawa’s decision are located along the proposed pipeline and tanker routes or use the Fraser River for fishing.
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The Boston Bar, Cheam, Lower Nicola, Kwantlen and Kwikwetlem First Nations and the Skeetchestn Indian Band filed their own legal challenges, while the St’at’imc Nation and T’Sou-ke First Nation filed a joint application.
The St’at’imc Chiefs Council, which represents 11 communities along the Lillooet and Fraser rivers, issued a statement on Monday saying it had launched legal action in Federal Court to the government’s designation of the pipeline.
Approving the Pacific Link project without full assessment of risks to salmon and fishing rights, and without deep consultation to ensure the consent of all affected First Nations, is unacceptable and unlawful, the statement said.
The council said its members rely on Fraser River salmon, and the risk of an oil spill from the proposed pipeline’s river crossings was a “heinous” threat to the communities’ fishing rights and way of life.
“The collusion of the federal and provincial governments along with a few industry and corporate elites, who cloak themselves as economic saviours, will force First Nations further into third-world conditions contributed to by the extinction of the Fraser River wild salmon and the collapse of First Nations’ culture and traditions relating to wild salmon,” St’at’imc elder Art Adolph said in the statement.
The statement said the pipeline proposal involves more than 500 river crossings, including two new crossings along the Fraser River.
It would also increase tanker traffic in the Salish Sea, the group said.
The Tsartlip application asks the court to confirm the Canadian government must “meaningfully consult” the nation before deciding whether the pipeline is in the national interest.
Olsen said there is concern there may be more projects of national interest affecting First Nations, pointing to last week’s announcement that the Port of Vancouver’s Roberts Bank Terminal 2 expansion has also been added to the list.
Federal Transport Minister Steven MacKinnon said the existing port facility is approaching the limit of its capacity and the expansion would add 2.4 million containers of capacity annually.
He said the national interest listing provided certainty for a project that’s a key part of Ottawa’s drive to expand and diversify trade, including a goal to double exports to markets other than the United States by 2035.
MacKinnon said the project, which has an estimated capital cost of $5.9 billion, would “fit gently into the ecosystem,” with Ottawa committing funding to protect the habitat of fish, marine mammals and endangered southern resident killer whales.
Olsen, however, wasn’t convinced, saying Tsartlip “has the same level of concern” for the terminal expansion as it does for the new pipeline.
“How these decisions are made are going to shape decisions going forward, not just for First Nations, but for all Canadians,” Olsen said.
“I think that it’s important that we understand the implications of those laws, and in this case, the Government of Canada has a duty to consult Tsartlip, and we believe they failed in that duty.”
Wild salmon!!!!! LMFAO!!!!!. I see more FN’s at the chinese buffet than fishing on the river.
Natives also drive cars, own excavators, smoke cigs, drink booze, participate in forestry, build roads, over-eat, burn electricity, hunt (in season/out of season), litter, poach, gamble, burn tires, litter, destroy dwellings, abuse equipment, build gas stations, build plants, farm land, etc.etc.etc.
i guess we all act the same, just get treated differently
All about the environment, til you throw some money at them.
Where are the FNs crying when Carney wants to join the colonialist EU? Oh right they are paid by the liberals.
FN’s continue ruining Canada’s progress but want the billions while burning the coffers at taxpayers expense. They have had too many privileges, it has to stop!! Scrap the Indian Actvand Treaties? Treaties that thry don’t follow anyway but want to manipulate to their advantage!! And they wonder why we have no respect or time for them, we are not racist, just fed up wit destructive, violent, threatening bullies who wantvtheir own way all the time.
Once again something that is good for Canada is to be held back because of the FN”s. How do they expect the funds that they so desire/require to appear?. We need provincial revenue to support the majority of the population and the chosen few. Taxing its citizens will only go so far until they have had enough. Judging by the comments section , a civil revolt is not that far off. And personally, i cant wait for it to happen as maybe it will put an end to the lack of support that our government has been offering.
Thank you for standing up for all of B.C. against the rampant greed of the oil companies and their lackeys!
First Nations mistakenly believe that consultation with them by the Federal Government immediately gives them veto powers over capital works projects…
Yeah, NO!
Defund the indians
The planned route is too long to be financially feasible. Doubt it’ll ever happen.
Wow reading these comments I am Surprised more elbow up own heads aren’t siding with the grifting, lying, delta 88 driving, siding burning, cousin f-ers. After all they are the rightful owners of the land & they make some sweet killer whale art & dream catchers which are very important to Canadas failing economy.
“meaningful consultation” is a codeword for “we want your money”.
Its commonly known that some of these Natives are paid off by environmental extremists groups such as the Tides and Narwhal Foundations for their cooperation in their extremist causes ..
Whose surprised? Time to stop and review all reconciliation payouts to these tribes.
Want to see fast court dates on these frivolous applications. You listening Carney??
Of course they do! Do any of them stop to think about where the funds for their welfare and treaty cheques come from? Of course not.
it’s time we stop giving these beaten people a say.
Carney knew the F.N. would oppose so he used the pipeline gimmick to B.S. the masses as cover for his failure to get a trade deal with the U.S..
The guy is as greasy as they come.He should add a blue plaid suit with a pair of white loafers to his wardrobe.The Elbozos lap his sales pitch up like the suckling sheep that they are.
Carney will side with the FNs as he doesn’t support the pipeline. It was a bait and switch.
Just f *ucking shoot them all.
the complaining never ends
Listen to these Drama Queens.
“ The collusion of the federal and provincial governments along with a few industry and corporate elites, who cloak themselves as economic saviours, will force First Nations further into third-world conditions”
Never in the history of BC and Canada has there been two more favourable governments and conditions for the F’nN sob story. 😭 😂
Just get out of the way and quit demands payouts for everything.
This is not about the fish folks.
Ref City News. “meaningfully consult” but more importantly the FNs “asked” for “funding” to help them review the project.
It’s the same route as before the impact is exactly what they approved before.
Just more using consultation like hostage taking and consent or ransom. Simple extortion.
Seeing as the treaty forbids the natives from stopping economic development, we should cut off all treaty and extra funding until they reconcile.
The natives are welcome to work on the project and benefit. If they invested in businesses, they can bid on the project.
Would they rather have rail traffic? The accident rate is higher…
Time for our laws to properly reflect the treaties, and the rights given to both sides. This one sided whining and entitlement has got to stop
Time for the Gov to grow some Balls & send those welfare brain dead idiots back to the Reserve!! Go get a job & pay taxes & live like all Canadians! Tired of supporting those drug addicts & alcoholics! CUT THEM OFF!!!
Activists, I mean FN park your boats, cars, trucks, tractors, turn off furnaces, ditch the phones and on and on. If you don’t want to be part of the solution give up the benifits of oil and gas. Good time for an audit.
Enough is enough. This is not about the fish folks.
Ref City News. “meaningfully consult” but more importantly the FNs “asked” for “funding” to help them review the project. It’s the same route as before, the impact is exactly what they approved before.
Just more using “consultation” like hostage taking and consent for a ransom. Simple extortion.
Enough is enough. Time to ignore these feathered up children.
All these challenges will be thrown out. Too bad, chugs!! 🤣🤣🤣
The blood, sweat and tears Canada’s finest shed on the battlefields of Europe in WWI forged the powerful sense of national identity and international recognition that paved the way for our independence from Britain.
Now because of one petty man’s manic desire to save face over losing the UK to Brexit, without consultation, debate or our consent, Carney is on the cusp of rendering their sacrifice “in vane” as he toils to surrender Canada’s sovereignty to the EU.
Elbow Up and pass the male syrup, eh?
Indigenous want $$$$ or else…Simple., give them a smoke and a pancake.
Of course they are
The new pipeline is in an area which already has two pipelines, for which there have already been extensive environmental reviews and other considerations. Nothing is built without risk, and the goal should be to not take unnecessary risks and mitigate them. some people, despite using petroleum and petroleum products (boats use petroleum products) seem to want to object to anything. Objectors should not be allowed to use such products.
This is why we cannot get anything done in this country. Too many people want to put their 2 cents in. Nor everyone’s interest are going to align. We are becoming a welfare country. We have not military defense and stagnate GDP growth.