Musqueam Judicial Review of the Kinder Morgan Project

Musqueam Judicial Review of the Kinder Morgan Project

For Immediate Release                                                                                                                                     

Tue. Jan. 17, 2017

Coast Salish Territory, Vancouver, BC – Canada.  Musqueam is standing with our relatives and others to protect the Salish Sea. On November 26, 2016, Prime Minister Trudeau agreed with the National Energy Board’s (NEB) recommendations to approve the Kinder Morgan TransMountain Expansion Pipeline (TMEP) with 157 conditions. Musqueam was not meaningfully consulted nor accommodated through the NEB process, nor has the federal government properly addressed the possible impacts to Musqueam’s established fishing rights.

Chief Wayne Sparrow stated, “We are a fishing people. We rely on the Lower Fraser River and Salish Sea for our culture, language and economy. Musqueam will protect our rights and interests as we have always done since time immemorial.”

In 1990, the Supreme Court of Canada made a precedent setting decision (R. v. Sparrow [1990]) that set out criteria to determine whether Crown infringement on Musqueam rights are justifiable; this case also acknowledged that Musqueam has a Constitutionally protected right to fish in the Lower Fraser.  The TMEP project will threaten the Musqueam people’s lands and waters.  In the event of an inevitable accident, Musqueam’s fishing resources and culture will be negatively impacted by the Kinder Morgan project.

The Musqueam territory includes the Lower Fraser (South, Middle and Upper Arm), Burrard Inlet, parts of Howe Sound and parts of the Salish Sea.  Over 75% of Musqueam territory is heavily urbanized (i.e. Vancouver, Richmond and Delta), and is considered a strategic shipping corridor.  The TMEP project will add to the cumulative effects in the region, further impacting Musqueam’s ability to protect fish habitat, and Musqueam’s ability to survive as a unique indigenous nation.

“Musqueam will continue to protect our rights in accordance with our responsibility to our current and future generations. Our rights and responsibilities are non-negotiable.  Our way of life and culture is at stake,” commented Chief Sparrow.

About Musqueam

Musqueam are a proud and unified people.  As a self-governing nation we will work together to ensure an enhanced quality of life for all generations of our people to develop a sustainable, self-reliant, vibrant community that is built upon our historical and traditional values. Archaeological evidence proves Musqueam’s existence, particularly at c̓əsnaʔəm (Cesnam - Marpole midden) - located at the mouth of the North Arm of the Fraser River, in excess of 4,000 years and at the Musqueam reserve in excess of 3,500 years.

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Contact Information:   Gordon Grant, Protocol Coordinator. Phone: (604) 862-0231