Indigenous leaders fighting for real power on resource development projects

Wednesday, Oct. 5, 2016 12:00 AM

Indigenous leaders and activists who oppose pipelines and other natural resource development projects, such as the proposed Pacific NorthWest LNG project recently approved by the federal government, say they are not being heard by the federal government.

Grand Chief Stewart Phillip, who is president of the Union of B.C. Indian Chiefs, said there is a distinct difference between listening, and hearing, and that the federal government is failing at the latter when it comes to the concerns of indigenous people.

He outlined public awareness and litigation as the two avenues that First Nations, and others opposed to resource development projects, can take to get action on development projects. However in many cases, the federal government decides whether to take the testimony of First Nations people into account or not.

Helen Knott, a member of the West Moberly First Nation and a spokesperson for the Treaty 8 Justice For the Peace Caravan Across Canada that recently concluded, is still waiting to hear a decision from the Federal Court about whether or not the Site C dam hydro project in Peace River Valley violates the treaty rights outlined in Treaty Eight. 

Treaty Eight was negotiated in 1899 between the federal government and several First Nations groups in a vast area running across parts of Alberta, B.C., Saskatchewan, and the Northwest Territories.

She has been through several court cases already, including a civil case launched by the proponent, B.C. Hydro, against a camp that she and other indigenous people and concerned residents of the area had set up on the development site. Fundraising for the legal fees for that was a huge challenge she said, particularly for her, a single mother trying to put herself through graduate school while also working and taking a leadership role battling the development of Site C.

One recent victory for First Nations in the courts came with the Federal Court of Appeal decision to cancel approval of Enbridge’s Northern Gateway pipeline, which was initially approved by the Conservative government. The cancellation of approval was attributed to a failure on behalf of the government to adequately consult with First Nations groups, said Justices Eleanor Dawson and David Stratas in their decision.

Referring to that decision, NDP MP Nathan Cullen (Skeena-Bulkley Valley, B.C.), said “of course” First Nations have power. “But they would rather use that influence and power to get things done rather than having to constantly block stupid ideas, and dangerous projects.”

Mr. Cullen, whose riding will host the Pacific NorthWest LNG project if it goes forward, said the government has offered nothing but “lip service” to First Nations in its mandate so far.

“They drain First Nations’ limited funds that they have, they use taxpayer money to fight, meanwhile Trudeau is up making speeches and inviting celebrities into the region to take photos,” he said, referring to the royal visit of the Duke and Duchess of Cambridge last month.

Ms. Knott, the other members of West Moberly First Nation, and the Peace Valley Landowner Association—all of which were involved in trying to fight further approval of Site C—are still waiting on a court decision while crews work to divert the Peace River.

She said they were granted a one-hour meeting with the minister of fisheries and oceans, Dominic LeBlanc, as they tried to convince the government to withhold the permits for Site C.

“Consultation is a shape-shifting word,” she said. “It turns into [an] information session. It turns into,’here, we have this form where we will hear your grievances, and check our boxes,’ and that’s about it. It’s what happens with those grievances…the free, prior, and informed consent, and saying no. Is that even heard at all? It really doesn’t seem like it.”

She described the entire process as “overwhelming,” and said she often struggled to see the fruits of her efforts.

“We’ve made connections and leeways with NDP MPs, or Elizabeth May, but the ones that are in power, the only connection we have made was with Robert Falcon-Ouellette in Manitoba…I think coming from that was maybe the first time that I felt that it had a little bit of impact. But at the same time, where does that go?” she said, stress in her voice.

On Monday and Tuesday of this week, several Conservative MPs, NDP MPs, First Nations groups, and industry stakeholders gathered in Calgary for a rare meeting to address the gridlock that has been happening surrounding pipeline projects like Northern Gateway, at a conference hosted by PipelineGridlock.com. Conservative MP Mark Strahl (Chilliwack-Hope, B.C.) was in attendance, and told The Hill Times he didn’t see any Liberal MPs there.

The natural resources critic for his party said the courts have made it very clear that governments are required to consult with First Nations groups, but that accommodation was an entirely different story.

Consultation “hasn’t always been done well,” he said, “and I think there’s a constant evolution there. But it is something that all governments need to take seriously or the projects simply won’t proceed.”

At the end of the day, he said, “the duty to consult is non-negotiable,” but that providing accommodation based on that consultation “is a little bit more of a grey area.”

Some indigenous groups and individuals, like Eriel Deranger, believe a veto power given to First Nations is a necessary element to reconciliation, and in the fight against climate change. She said First Nations need to have some sort of control over the land that is their own, and that right now, they really don’t. She said government and industry take advantage of treaty clauses that stipulate that land can be claimed by the Crown if it is in the public interest to do so. But for Ms. Deranger, the public, the government, and industry need to realize that the preservation of land is much more valuable in the long run than “what’s underneath it.” Climate change is a big factor when it comes to why indigenous groups and environmentalists are so concerned with preserving these areas.

Mr. Strahl said, “You can’t just give a blanket veto power or a blanket accommodation authority to any group.”  

Mr. Strahl said that conferences like the one he was attending were important, because building relationships, and a “respectful dialogue,” between government, industry, and First Nations was the only way forward.

“When there is an adversarial relationship, or where there’s no relationship, or where there’s conflict, projects don’t proceed. So industry, First Nations, indigenous groups, today anyways, want to have that respectful dialogue so that we don’t have to talk about accommodation and veto, so that agreements are reached in good faith in industry and indigenous communities,” he said.

Mr. Strahl added that indigenous groups have done a very good job in making their opposition known, and that not many Canadians know about the First Nations leaders who are in favour of these projects.

The Liberal parliamentary secretary for the environment, Jonathan Wilkinson, said something along the same lines in a panel discussion with Rosemary Barton on the CBC’s Power and Politics last Wednesday about the Pacific NorthWest LNG project. 

“There are certainly outliers [who are] not supportive,” he said, “but there is significant support amongst First Nations. I would say this project and the project approval represents a successful implementation of the new principles that, the interim principles we put into place to guide projects.”

Caitlin Workman, a spokesperson for Environment Minister Catherine McKenna (Ottawa Centre, Ont.) said Mr. Wilkinson did indeed speak on behalf of the government when asked to confirm if that statement was representative of the government’s understanding of support from indigenous people.

Ms. Workman said that 11 First Nations groups were consulted “based on the project’s potential impact on their potential or established Aboriginal rights or title.” She said that “several” local indigenous communities signed agreements with the project’s proponent, Petronas, and that “the proponent has successfully negotiated and signed agreements with Metlakatla and Kitselas.”  

Mr. Cullen said the comment made by Mr. Wilkinson “smacks of an arrogant and colonial attitude from government and MPs. That’s something Stephen Harper’s gang would have said.”

Ms. Deranger’s rebuttal to that claim was, “there’s a lot of people who support a lot of horrible things. Corruption exists in every walk, and every race.” She said often times, Indigenous people who have “lost those connections to place” are the ones who push for things, “where they don’t value the land.” She said that some support from some indigenous people should not mean that view is representative of all First Nations people.

Ms. Deranger said that she can see greater awareness of opposition to these projects growing, but some days she does feel powerless.   

Chief Phillip said he remains steadfast in his belief that his and the efforts of others will eventually change the course of history.

“This global movement, this international movement, this North American movement is growing every day,” he said, explaining that investors “get up pretty early in the morning,” and will eventually realize that economic opportunities are greater in renewable energy sectors.

[Top photo: Helen Knott, of West Moberly First Nation, stands in front of Parliament during a February visit to Ottawa in which she tried to meet with cabinet ministers about her concerns over the Site C development project. The Hill Times photograph by Chelsea Nash]