‘The answer is still no’: B.C. chiefs react to new pipeline agreement | CBC News

First Nations along the northern coast of B.C. were quick to oppose an agreement signed today that laid the groundwork for a new pipeline through their territories. 

Alberta Premier Danielle Smith and Prime Minister Mark Carney signed a memorandum of understanding (MOU) to make way for a new bitumen pipeline from the Alberta oilsands to the B.C. coast this morning in Calgary. 

“We will use every tool in our toolbox to ensure that this pipeline does not go ahead,” said Heiltsuk Nation Chief Marilyn Slett. 

“Today’s MOU does nothing to improve the chances of a north coast pipeline ever becoming reality.”

Similarly, the Union of B.C. Indian Chiefs (UBCIC), where Slett is a member, said in a statement they are “loudly objecting” to the agreement, noting that it was done without consultation of  coastal First Nations in the province. 

UBCIC said the bilateral agreement between Alberta and Canada does not meet the requirements around free, prior and informed consent that are outlined in the United Nations Declaration on the Rights of Indigenous Peoples.

“The answer is still no and always will be,” said UBCIC Grand Chief Stewart Phillip in a statement.

Phillip also said he opposed lifting the ban on crude oil tankers in the region. The MOU says there could be “appropriate adjustment to the Oil Tanker Moratorium Act,” if that’s needed to transport the bitumen.  

Parts of the north coast of B.C. are still struggling with the aftermath of a spill in 2016 when a tugboat leaked 110,000 litres of diesel and heavy oils in traditional fishing grounds, Slett said, and she vowed to protect the coastline from more damage.

“An oil spill could destroy our way of life,” she said.

“We would bear the risk.”

First Nations thanked by Smith

The agreement signed this morning was exclusively between Alberta and the federal government and says the two parties “agree to engage meaningfully with Indigenous Peoples in both Alberta and British Columbia” before it heads to the Major Project Office for approval. 

The MOU did not include any Indigenous signatories or the province of B.C.

However, at a news conference following the signing of the MOU, Smith thanked “partners in Indigenous communities” who were present this morning.

They included Alberta-based president of the Metis Settlement General Council Dave Lamouche, Alexander First Nation Chief George Arcand Jr., Chief of Alexis Nakota Sioux Nation Tony Alexis, Enoch Cree Nation Chief Cody Thomas and Cold Lake First Nation Chief Kelsey Jacko. Thunderchild First Nation Chief Delbert Wapass, from Saskatchewan, was also there. 

The sole representative mentioned from B.C. was a former Lax Kw’alaams councillor, Chris Sankey. 

Matthew Wildcat, an associate professor and director of Indigenous governance in the Faculty of Native Studies at the University of Alberta, said the presence of those leaders shows politicians understand that Indigenous involvement can legitimize a project. 

“They go purposefully seek out nations and Indigenous individuals who are more likely to be in support of a project and bring them into the picture and for the sake of public communication,” said Wildcat, who is a member of Ermineskin Cree Nation.

The Confederacy of Treaty 8, where the oilsands are located, said in statement they had not been consulted prior to the signing.

“These matters have direct implications for our lands, our waters, and our Treaty relationship. As the rights holders, we require meaningful engagement before offering public comment,” the statement said.

He said that Canadian politicians should be sure to consult with different peoples from different jurisdictions in order to fully satisfy the duty to consult. 

“Fort McKay First Nation is in the middle of the oilsands in Alberta and there has been real economic benefits to that community,” Wildcat said of the community’s support for the MOU.

Fort McKay Chief Raymond Powder, whose nation is located in Treaty 8, previously stated his support for a pipeline and said his community has been engaged in the process “from the very beginning.”

Melanie Dene, managing director of Indigenous Climate Action, said she was not surprised by the news of a new potential pipeline. 

“Of course there would be more support [for] it in Alberta. This is oil and gas country,” said Dene a member of Mikisew Cree First Nation in northern Alberta. 

“The fact that some nations are in support shouldn’t be taken as an indication that the duty to consult has been satisfied,” said Wildcat. 

Dene said creating economic opportunities for First Nations — which both Smith and Carney mentioned in their comments — without consulting them is frustrating.

“Again, we’re completely left out of those conversations and we’re left out of not just economic but even environmental sustainability and what that could look like,” she said. 

The governments of Alberta and Canada signing this agreement while there is significant opposition from First Nations is a worrying precedent for Dene. 

“If they can sign an agreement to produce another bitumen pipeline from here to the B.C. coast, what’s to stop them in signing another agreement to allow Alberta to do the treatment release into the Athabasca watershed,” she said.

For the process to effectively protect the environment, Dene said, Indigenous people must be included in the regulatory and monitoring process. 

She points to Imperial Oil’s leak of millions of litres of contaminated wastewater from oilsands tailing ponds northeast of Fort McKay, where Indigenous people went nine months without being told of the contamination. 

“We need to be included in all levels of the process,” Dene said. 

Economic benefits

At the announcement Carney called the pipeline an “unprecedented” opportunity for First Nations and the MOU mentions opportunities for Indigenous co-ownership. 

Premier Danielle Smith echoed that statement in a news conference saying she believes there is “an imperative for Indigenous co-ownership,” of a new pipeline. 

The Confederacy of Treaty 8, which covers northern Alberta and parts of northern B.C. and Saskatchewan, previously told Smith they want a two per cent share of royalties from resource development projects on their lands. 

Slett said she supports economic projects that come from partnership with Indigenous people and added she understands that each nation has their own reason to agree or disagree with a given project. 

She said her nation could not “bear the risk” of having oil tankers in the region as a spill could jeopardize other agreements, like the Great Bear Sea agreement which protects much of coastal B.C.’s waters, signed with Canada. 

Coastal First Nations, another group representing First Nations in B.C. of which Slett is a member, said they had no interest in the economic benefits touted by Smith and Carney. 

They said in a statement that they would like to see more sustainable projects and not ones with the “potential to destroy our way of life and everything we have built.”