Leaders of the Tsleil-Waututh Nation say an assessment of Kinder Morgan’s Trans Mountain pipeline expansion proposal points to “an unacceptable risk” to both the environment of Burrard Inlet and the band’s own cultural practices and aboriginal interests.
In a shot at both the federal government and the National Energy Board that is currently reviewing the proposal, band leaders said they are refusing to consent to the expansion plan going forward in their territory and will fight the plan in court if it is approved.
Tsleil-Waututh Councillor Charlene Aleck told a crowd gathered at Cates Park Tuesday morning “the Tsleil-Waututh does not consent or authorize the Trans Mountain expansion to proceed in our territory.”
In an emotional speech recalling the words of his grandfather Chief Dan George, Rueben George — head of the First Nations’ Sacred Trust Initiative — compared the pipeline expansion plan to the two-headed serpent in Tsleil-Waututh’s traditional stories.
“Now we’re facing another long dragon that needs to be slain. That’s the Kinder Morgan pipeline,” said George.
George said the band membership has resolved “to say no to the Canadian government, who are allies with the pipelines… “The national energy board is a flawed process,” he said. “We’re standing up and saying no to that.”
The Tsleil-Waututh have made no secret of their opposition to the pipeline expansion project that would triple the volume of oil being shipped through its Westridge Terminal in Burnaby, saying it puts their traditional territory at risk in the event of an oil spill. Across Burrard Inlet, Kinder
Morgan’s existing oil tanks provided the backdrop for Tuesday’s announcement in Cates Park.
But speakers pointed to information in a report released by the Tsleil-Waututh Tuesday as providing a scientific basis for the band’s opposition to the project.
The report provided analysis from a number of third-party experts, including recently released oil-spill modelling that pointed to a large portion of Burrard Inlet being impacted in the event of a spill.
An additional report by Nuka Research examined the likelihood of an effective cleanup, concluding that crews only have the capacity to capture between 50 and 70 per cent of a spill in ideal circumstances. If a spill happened in winter, in open ocean or at night, the amount recovered could be as little as 10 per cent.
“Things go wrong. Mistakes are made. People come late,” said John Konovsky, a natural resources planner who was involved in the reports. “You only have 72 hours to clean up an oil spill with conventional technology.”
The reports pointed to the likely impacts a catastrophic spill could have on marine species important to the Tsleil-Waututh.
Scott Smith, a lawyer who works for the band, warned there are “significant risks” for the government and Kinder Morgan if they go forward with the project over the objections of the First Nation. “The Supreme Court’s been very clear that consent is required in these circumstances,” he said.
If Ottawa approves the project anyway, citing national interest, “we’d likely be seeing numerous legal challenges,” he said.
Grand Chief Stewart Phillip said, “Indigenous people have been saying no for a very long time.” But he added recent court decisions have provided more legal tools to oppose decisions they don’t want. “We have said on countless occasions to the trans-national corporations, it’s not about the money, stupid,” he said.
“It’s about the environment, it’s about the water, it’s about the land.”
Speakers hinted Tuesday they plan to make their opposition to the pipeline proposal an election issue.
“In terms of the national interest, that question will be decided on October 19th,” said Phillip.
In an emailed statement, Ali Hounsell of the Trans Mountain Expansion Project reacted to the Tsleil-Waututh announcement, saying, “For more than 60 years petroleum products have been safely shipped through the Burrard Inlet. Trans Mountain deeply respects aboriginal rights and title and we acknowledge the Crown’s responsibility to consult with representatives of First Nations.”
The company said it would review the Tsleil-Waututh report, along with others, adding, “There are many productive discussions happening both inside and outside the National Energy Board regulatory process with First Nations along the Trans Mountain pipeline.”
The company stated since the project was first announced “Trans Mountain has attempted to have multiple discussions with the Tsleil-Waututh First Nation” adding the company would still like to speak with them.
Click here to see the detailed reports.
This story was first posted in the North Shore News.
