Council of Canadians organizer Brigette DePape at the Lax Kw’alaams resistance camp at Lax U’u’la, November 2015.
When the Trudeau government approved the Pacific NorthWest LNG project yesterday, federal environment minister Catherine McKenna stated, “Indigenous Peoples were meaningfully consulted, and where appropriate, impacts on their rights and interests were accommodated.” She did not comment on their right to “consent” as guaranteed under the United Nations Declaration on the Rights of Indigenous Peoples, recently endorsed by the federal government.
The LNG terminal would be located on Lax U’u’la (Lelu Island) on Lax Kw’alaams First Nation territory.
After the announcement, Lax Kw’alaams Hereditary Chief Yahaan commented, “I think Mr. Trudeau made the biggest mistake of his career … he’s not as straightforward of a guy as everyone perceived him to be. We’re trying to protect something here that belongs to the people of Canada.”
Mainstream media reports have referred to a “community poll” that was taken in August in which two-thirds of the 812 Lax Kw’alaams members were in favour of the LNG project, but in May 2015 three formal votes were taken and Lax Kw’alaams members unanimously rejected the project despite a $1-billion cash offer from Petronas.
And the Vancouver Sun reports on the position taken by the elected leadership of the Lax Kw’alaams First Nation.
“[On March 15, they sent a letter that] was filed with the Canadian Environmental Assessment Agency four days after the March 11 deadline for comments on a draft report on the terminal… The letter, signed by elected mayor John Helin, retracts an initial letter to CEAA dated March 7, in which Helin had said the Lax Kw’alaams ‘continue to oppose the project in its current form’…. CEAA officials did not respond [why] Helin was allowed to file a letter after the March 11 deadline. …The CEAA also removed the March 7 letter from their documents website.”
Chief Yahaan has commented, “We are shocked by this letter. We have been betrayed by our elected leader. Elected band councils have no jurisdiction off of reserve land. The hereditary chiefs of the Nine Allied Tribes of Lax Kw’alaams are the proper titleholders to non-reserve territory such as Lelu Island. …Legal precedents in the Supreme Court of Canada are all in our favour as hereditary chiefs, and we will fight this to the end, whether the band council is on our side or not.”
Sandra Littlewood, hereditary Chief S’mooygyet’m Hanaxa of the Gitandoh Tribe of Lax Kw’alaams. adds. “The hereditary leaders of the Allied Tsimshian Tribes of Lax Kw’alaams have never given the band council the authority to speak on our behalf.”
And CBC reports, “Local Indigenous people and their supporters have been occupying Lelu Island near Prince Rupert for over a year [in opposition to the project].” Clan house leader Ken Lawson says, “I do not want to see the LNG project in the [Skeena River] estuary or on Lelu Island, plain and simple. This is the best fishing in the world here. That’s why we have to protect what’s here.” And Elder Murray Smith says, “I’m not going to let them come into our territory and erect anything they want. We’ll … make a bigger stand. Get more people out here.”
Beyond the Lax Kw’alaams, The Globe and Mail has reported, “Aboriginal leaders from the Wet’suwet’en, Gitanyow, Lake Babine and Gitxsan say Pacific NorthWest LNG’s proposed site is the wrong place to locate an LNG export terminal because of the risks to salmon habitat… They say their views have been largely ignored because their land is farther away from Lelu Island than other First Nations. The Gitga’at First Nation [also] remains upset at the B.C. government’s previous consultation process, which excluded the aboriginal group from being fully recognized in a provincial environmental assessment of Pacific NorthWest LNG.”
Petronas claims it has “term sheets” that are intended to lead to impact benefit agreements with the Metlakatla, Kitselas, Gitxaala, and Kitsumkalum First Nations, but acknowledges it does not have an agreement with the Lax Kw’alaams First Nation.
Just prior to the government’s announcement, a group of six First Nations from the Skeena corridor stated the project “does not meet the test” for respecting Indigenous rights and that approving “this project at this time will only lead to protracted litigation which benefits no one”.
If the LNG project proceeds, it could be operational as early as 2019.
For The Council of Canadians response to yesterday’s federal government announcement, please click here.
