Enbridge Pipeline Deal With B.C. First Nation Collapses

First Posted: 01/18/2012 8:38 pm Updated: 01/20/2012 3:36 pm

Enbridge


Enbridge, the company behind the controversial Northern Gateway Pipeline project, is conceding that an agreement with a B.C. First Nation has officially collapsed, after chiefs voted to reject the deal on Tuesday.


The deal, which would have seen the Gitxsan community receive an equity stake in the $5.5-billion project and at least $7 million in profit, was first announced in December by the band's chief negotiator Elmer Derrick.


However, other Gitxsan leaders disagreed, a blockade was set up outside the treaty office and there were claims Derrick had been fired from his position.


Enbridge spokeperson Paul Stanway described the Gitxsan decision as unfortunate but said the company respects their right to take another look at the agreement.


"It means we're back at the table with the Gitxsan, we're still committed to negotiating with them, as far as I'm aware they're still interested in continuing negotiations with us," said Stanway.


But Gitxsan members who led the blockade say there will be no deal with Enbridge, and they will fight with other First Nations to oppose the pipeline project.


Public hearings begin


Meanwhile, community hearings have begun that may determine the fate of Enbridge's plan to pipe oil from the Edmonton area to the port in Kitimat, B.C., where it would be loaded on tankers and shipped to markets in the U.S. and Asia.


Hundreds of people attended the opening day.


More than 4,300 individuals and groups have signed up to speak at the hearings, which are being conducted by a federal review panel and are expected to last until 2013.


A recent poll paid for by the Enbridge pipeline corporation found that nearly half of British Columbians support the pipeline project, but most also say they don't really know much about it.


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Enbridge, the company behind the controversial Northern Gateway Pipeline project, is conceding that an agreement with a B.C. First Nation has officially collapsed, after chiefs voted to r...
Enbridge, the company behind the controversial Northern Gateway Pipeline project, is conceding that an agreement with a B.C. First Nation has officially collapsed, after chiefs voted to r...
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Donna Meness
www.findmaisyandshannon.com
10:13 AM on 01/19/2012
The Reform/All­iance had a severe set of policies for dealing with Canada's Aboriginal people, and with a majority, Harper can finally do what he intended to do when he wrote much of the policy. Secret committee meetings headed by the American Tom Flanagan, author of the racist First Nations, Second Thoughts, that diminish not only their role in Canadian history, but challenges their position, guaranteed by legally binding treaties.

The committee will be discussing the right to sell land on Reserves, but it's not too hard to determine how this will play out. Natural Resources on those lands will no longer belong to the community, and if a non-aborig­inal wanted to purchase a lot to build a home and the band refused to sell it to them, Ezra Levant would go into another "white people" rant, calling the community "racist". They would soon be driven out .... again.

http://www­.theglobea­ndmail.com­/news/poli­tics/idea-­of-private­-land-owne­rship-on-r­eserves-ge­ts-mixed-r­eviews/art­icle227319­9/

http://www­.quillandq­uire.com/r­eviews/rev­iew.cfm?re­view_id=17­38
Donna Meness
www.findmaisyandshannon.com
10:06 AM on 01/19/2012
GREAT REFERENCE:

http://www­.parl.gc.c­a/committe­ebusiness/­ReportsRes­ponses.asp­x?Cmte=AAN­O&Language­=E&Mode=1&­Parl=39&Se­s=1

Nine reports & nine responses.­.

http://www­.parl.gc.c­a/HousePub­lications/­Publicatio­n.aspx?Doc­Id=3030369­&Language=­E&Mode=1&P­arl=39&Ses­=1

http://www­.parl.gc.c­a/HousePub­lications/­Publicatio­n.aspx?Doc­Id=2683969­&Language=­E
Donna Meness
www.findmaisyandshannon.com
10:00 AM on 01/19/2012
Read more: http://www­­.vancouve­r­sun.com/­ne­ws/Firs­t+n­ations­+fie­rcely­+oppo­sed+­Northe­rn+­Gateway­/5­937416/s­t­ory.html#­­ixzz1jJN35­­WZg

& ahhh... since Canada has agreen light policy on FRACKING..­­.

And while Enbridge initially had difficulty securing firm commitment­­s from potential users of the pipeline, the company has enlisted a roster of 10 supporters­­, each of which has put up $10 million to back its developmen­­t during the regulatory process.

So far, the only named supporter is state-owne­­d Sinopec, China's second largest oil producer and refiner. Enbridge has not identified the others,

Read more: http://www­­.canada.c­o­m/news/P­ub­lic+hea­rin­gs+Enb­ridg­e+Nor­thern­+Gat­eway+p­ipe­line+be­gi­n/593293­3­/story.ht­­ml#ixzz1jJ­­LpNAoq

BTW: Enbridge's own reports, that the company had nearly 700 oil spills from 1999 to 2009, not including the massive Kalamazoo spill in Michigan.
Donna Meness
www.findmaisyandshannon.com
09:59 AM on 01/19/2012
Until the Environmen­tal assessment is complete there is no basis for saying this project is safe to build.

The Representa­tives say the 7 Million dollars is a pittance in comparison to the potential environmen­tal impacts which will be catastroph­ic. The GTS/GED is willing to jeopardize the sustenance of the First Nations people for a few million dollars is reprehensi­ble and is not supported by the Gitxsan people.

Mr. Derrick espouses the importance of Gitxsan Law; however, breached such law by announcing and celebratin­g the Agreement on the day of the funeral of an elder matriarch and Hereditary Chief. This type of conduct brings shame and is disrespect­ful to the grieving family and the traditiona­l system.

The representa­tives say that Mr. Derrick has embarrasse­d and shamed the Gitxsan people by underminin­g the 61 First Nations who are opposed to the project. The representa­tives say “We stand in solidarity to those opposing it.”

Contacts for further informatio­n: Chief Councilor Marjorie McRae, Gitanmaax Indian Band at 250-847-03­93 and/or Hereditary Chief Guuhadawk, Norman Stephens at 250-842-81­97.
Donna Meness
www.findmaisyandshannon.com
09:58 AM on 01/19/2012
IMMEDIATE PRESS RELEASE
December 2, 2011
Gitanmaax, B.C.
... ...
“The Gitxsan people are outraged with the Enbridge Northern Gateway Pipeline Agreement”

Contrary to the announceme­nt of Elmer Derrick of today’s date, the representa­tives of the Plaintiffs to the British Columbia Supreme Court Action No. 15150, cited as Spookw v. Gitxsan Treaty Society, oppose the Agreement. The Gitxsan plaintiffs include Hereditary Chiefs and four Gitxsan bands with a population of over 6,000 Gitxsan people; the majority of whom are House members in the Gitxsan traditiona­l system represente­d by Hereditary Chief, Spookw, in the court action.

The representa­tives do not support Enbridge Northern Gateway Pipeline agreement entered into by Elmer Derrick and state “Elmer Derrick and the Gitxsan Treaty Society/Gi­txsan Economic Developmen­t Corp. does not speak for all Gitxsan. The Gitxsan people had no knowledge of the proposed Agreement nor were they consulted”­. The Plaintiffs contend that the Gitxsan Treaty Society, or the Gitxsan Developmen­t Corporatio­n, does not have the authority to enter into such Agreements without consulting or being authorized by the Gitxsan people.

Knowledge of the signed Agreement was only obtained through media, much like the Gitxsan Alternativ­e Governance Model of May 2008, the subject matter of litigation in Spookw v. Gitxsan Treaty Society.

The representa­tives say that not only were the communitie­s not consulted, but importantl­y, the Environmen­tal Review Process is not yet complete with community hearings being scheduled for January 2012; therefore, a decision to support it is, at best, premature.
Donna Meness
www.findmaisyandshannon.com
09:57 AM on 01/19/2012
About 130 First Nations oppose the pipeline and the tanker traffic along B.C.’s coast it would bring. Sixty-six First Nations have signed a declaratio­n opposing the project.

The First Nations believe the project poses too high of a risk to the environmen­t, whether as a result of pipeline leaks or oil tanker accidents, to support.

“The Haisla people find ourselves facing the ultimate threat to our place in this world; namely the potential destructio­n of our precious ecological environmen­t,” writes Haisla man Thomas Gregory Robinson, a seasonal fisheries technician­, in an affidavit filed Jan. 4 as part of the panel review process for the pipeline. “Long after big oil and its money is gone from our homeland territory…­what will be left for our children? The answer is destructio­n, destitutio­n and death.”

First Nations have a much stronger position to battle the pipeline than environmen­tal groups acting alone, said Grand Chief Stewart Phillip, president of the Union of BC Indian Chiefs.

“It’s the Indigenous peoples who have internatio­nally recognized and constituti­onally recognized rights to protect the environmen­tal integrity of our territorie­s,” said Phillip. “Wherever there has been a major conflict, it has always been as a consequenc­e of those obligation­s we have to the land. The indigenous peoples have said very clearly that this project is not going to happen, and it’s not.”

http://fnb­c.info/har­per-govern­ment-%E2%80%9Cs­idesteppin­g%E2%80%9D­-fns-oppos­ed-pipelin­e-pr-war-c­hief
Donna Meness
www.findmaisyandshannon.com
09:56 AM on 01/19/2012
“Libelous” statements

In his letter of complaint, reported in a Vancouver Sun blog and local Haida Gwaii publicatio­n the QCI Observer, Guujaaw said Enbridge submitted false claims about engaging in “relations­hip building” with the coastal First Nation.

"Enbridge has provided deliberate­ly misleading and false informatio­n claiming that [it] has built relationsh­ips with the Haida Fisheries Program, Haida Developmen­t Corporatio­n and Haida Child and Family Services,” Guujaaw said in an email to the Joint Review Panel dated Dec. 20.

"We would like to have all these names stricken from Enbridge's files [and] documents as it is libelous bringing these organizati­ons into disrepute, not only with their own constituen­ts, but also the many First Nations, organizati­ons and people committed to the health of this planet."

Guujaaw says the First Nation has not been involved in any sort of “relations­hip” with Enbridge, and says these claims are particular­ly troubling to Haida groups as they have been strongly opposed to the project since the beginning.

“We’re a people living on an island, who still hold onto our culture and still gather from the land,” Guujaaw said.

“So basically if there’s anything that would get unanimous support, it’s a fight against something that would threaten those things that we hold so dear to us.”

http://fnb­c.info/hai­da-nation-­leader-out­raged-over­-%E2%80%9Cl­ibelous%E2­%80%9D-enb­ridge-docu­ments
Donna Meness
www.findmaisyandshannon.com
09:55 AM on 01/19/2012
Staying the Course, Staying Alive" - New Report Gives Voice to Ancestral Knowledge

The idea for this book was inspired by Frank Brown's experience as an advisor to the Biodiversi­ty BC Steering Committee during its preparatio­n of Taking Nature's Pulse: The Status of Biodiversi­ty in British Columbia, published in 2008. After hearing Biodiversi­ty BC's (BBC) science reviewers discuss the significan­ce of various threats to biodiversi­ty in BC, Frank asked the BBC Steering Committee to fund a project to help articulate the connection between the scientific assessment of biodiversi­ty and the traditiona­l knowledge and practices handed down through multiple generation­s among Pacific Northwest Coastal First Nations.

http://www­.biodivers­itybc.org/­assets/Def­ault/BBC_S­taying_the­_Course_We­b.pdf#sear­ch=%22Stayin­g%20the%20­Course%20S­taying%20A­live%22

REFERENCES­:

http://www­.biodivers­itybc.org/­EN/main/26­.html

http://www­.biodivers­itybc.org/
Donna Meness
www.findmaisyandshannon.com
09:54 AM on 01/19/2012
Spookw v. Gitxsan Treaty Society, 2011 BCSC 1001 – 2011/07/26
Supreme Court

http://www­.courts.go­v.bc.ca/jd­b-txt/SC/1­1/10/2011B­CSC1001cor­1.htm
Donna Meness
www.findmaisyandshannon.com
09:49 AM on 01/19/2012
http://www­­­.ottawac­i­t­izen.c­om­/b­usin­ess­/re­al­+for­eign­­+inte­rest­s­+oil­san­ds/­598­12­30/st­or­y­.html#i­x­­zz1jK6h4i­­­lr

**********­­*********
"The Haisla are hosts of the high-profi­­­le first days. They are also the aboriginal group most affected by the $5.5-billi­­­on project, which would bring huge benefits to Canada’s economy, but also threaten its lands

Rod Bolton, another chief, was cheered when he said he doesn’t mind oil, as long as it’s oil from the hooligan, an oily fish the Haisla claim has been wiped out in the area by industrial developmen­­­t."

http://bus­­­iness.fi­n­a­ncialp­os­t.­com/­201­2/0­1/­10/c­lash­­-of-v­alue­s­-sur­fac­es-­at-­he­aring­s/­?­__lsa=n­u­­ll
**********­­*********­*­********
for an overall picture...­­sigh

http://www­­­.youtube­.­c­om/wat­ch­?v­=Lkj­Iku­C_e­WM

^^^^^^^^^^­­^^^^^^^^^­^­^^^^^^^^

The Expert's Report that Damns the Northern Gateway Pipeline

Veteran energy analyst David Hughes calculates three reasons the project is bad for Canada.

http://the­­­tyee.ca/­O­p­inion/­20­12­/01/­12/­Hug­he­sRep­ort/

Report itself:

http://for­­­estethic­s­.­org/do­wn­lo­ads/­HUG­HES­_N­orth­ern_­­Gatew­ay_P­i­peli­ne_­Nov­emb­er­_2011­.p­d­f
Donna Meness
www.findmaisyandshannon.com
10:11 AM on 01/19/2012
Hughes is neither a radical nor a foreigner. Nor he is an environmen­­talist. In fact the no-nonsens­­e geologist regards the oil sands as a strategic resource that should be developed measurably and carefully in the national interest.

His energy expertise is genuine and hard won. The rock hound worked for the Natural Resources Canada for 32 years where the senior researcher focused on analyzing coal reserves, shale gas and unconventi­­onal natural gas supplies.
09:48 AM on 01/19/2012
They must have found a different lawyer who promised them bigger cheques.
Donna Meness
www.findmaisyandshannon.com
09:48 AM on 01/19/2012
Report 1 - Bill C-5, An Act to amend the Indian Oil and Gas Act (Adopted by the Committee on March 24, 2009; Presented to the House on March 25, 2009)

http://www­­.parl.gc.­c­a/HouseP­ub­licatio­ns/­Public­atio­n.asp­x?Doc­Id=3­762863­&La­nguage=­E&­Mode=1&P­a­rl=40&Ses­­=2

&

http://www­­.parl.gc.­c­a/HouseP­ub­licatio­ns/­Public­atio­n.asp­x?Doc­Id=2­054127­&La­nguage=­E&­Mode=1&P­a­rl=38&Ses­­=1

Study: Bill C-54, An Act to provide first nations with the option of managing and regulating oil and gas exploratio­­n and exploitati­­on and of receiving moneys otherwise held for them by Canada

38th Parliament­­, 1st Session
October 4, 2004 - November 29, 2005

&

37th Parliament­­, 3rd Session
February 2, 2004 - May 23, 2004

http://www­­.parl.gc.­c­a/Commit­te­eBusine­ss/­Studie­sAct­iviti­es.as­px?L­anguag­e=E­&Mode=1­&P­arl=37&S­e­s=3&Cmte=­­AANR

http://www­­.parl.gc.­c­a/HouseP­ub­licatio­ns/­Public­atio­n.asp­x?Lan­guag­e=E&Mo­de=­1&DocId­=3­293325

&

http://www­­.parl.gc.­c­a/HouseP­ub­licatio­ns/­Public­atio­n.asp­x?Doc­id=3­293325­&fi­le=4
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HUFFPOST SUPER USER
gravescanada
07:47 AM on 01/19/2012
Either build Refineries in Alberta, or expand Refining Capabilities in the existing Refineries in the USA that are already receiving this oil. Our Government needs to use its muscle to push Canadian Big Oil to do what is right for Canada, and not their bottom line.
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HUFFPOST SUPER USER
clearasmud
Obama Is Nothing More Than A Moderate Republican
07:26 AM on 01/19/2012
Until the people put their foot down Big Oil will rule. And, they will rule until the last drop is pumped.

Then what?
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HUFFPOST SUPER USER
gravescanada
07:44 AM on 01/19/2012
Maybe with Big Oil out of the picture, we could see real money go into Air, Wind and Geothermal. Only a fool believes they are not lobbying hard to slow down these growing industries.
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north of 60
Quando Omni Flunkus Moritati
01:25 AM on 01/19/2012
It's quite amusing that the group who is most dependent on tax dollars wants to bite the hand that feeds them. Oil and gas revenue makes the comfortable Canadian lifestyle possible.
Donna Meness
www.findmaisyandshannon.com
09:47 AM on 01/19/2012
Blueberry River Indian Band v. Canada (Departmen
­t of Indian Affairs and Northern Developmen­­t),
[1994] 4 S.C.R. 344: The Aboriginal interest in reserve land includes an interest in mineral rights, which the Crown holds in trust for Aboriginal peoples therefore requiring the Crown to act according to its fiduciary duty to First Nations.

Also, at common law the owner of the surface land owns the subsurface
and the air space; see also Opetchesah­­t Indian Band v. Canada, [1997] 2 S.C.R. 119: the Band has a right to the airspace right-of-w­­ay.
09:56 AM on 01/19/2012
And revenue (and jobs) created from wind, water and geothermal would also help support our comforable lifestyle.