Council of Canadians organizer Robin Tress is supporting the Sipekne’katik First Nation and their challenge in the Supreme Court of Nova Scotia over the lack of consultation on the Alton Gas Storage project.
The project would create storage facilities for natural gas by drilling three wells in underground salt caverns. The idea is that the wells would be used to store natural gas to hedge against higher natural gas prices in the winter. The project would also include two 12-kilometre pipelines. One would be used to pump water from the Shubenacadie River estuary to flush the salt out of the caverns (to make way for the gas to be stored) and the other for transporting the resulting salt brine mixture into storage ponds that would be built beside an estuary in Fort Ellis (and then discharged back into the river).
The project is opposed by the Sipekne’katik First Nation and the Millbrook First Nation who have highlighted that it is a violation of the Peace and Friendship Treaty of 1752 between the Mi’kmaq and the British Crown. That Treaty states that the Mi’kmaq “shall not be hindered from, but have free liberty of hunting and fishing as usual”.
The Sipekne’katik were to be at the Supreme Court today, but the date has now been delayed. They will argue the provincial government failed to consult them prior to giving permits to Alton Gas.
A leaked memo reveals the provincial government’s legal strategy. The brief argues that the duty to consult only applies in those circumstances where the relationship is between the Crown and “unconquered peoples.” The brief goes on to say, “The [Sipekne’katik] band’s submission in 1760 negates a claim of sovereignty, and therefore negates a constitutional duty of consultation.”
Nova Scotia’s NDP Critic for Aboriginal Affairs Lenore Zann says, “The position presented by the Liberal government in court is simply unacceptable. Insinuating the term ‘conquered’ to describe any Indigenous community, particularly one that faced the trauma of the residential school system – and to argue that they do not have a voice that needs to be heard – is incredibly disrespectful.”
The Alton Gas Storage Project was announced in September 2014. The project was given approvals by Nova Scotia’s Department of Energy in January 2015. By September 2016, Premier Stephen McNeil said he was confident the Crown had met its obligation to consult with the Mi’kmaq of Nova Scotia. The Council of Canadians has been supporting efforts to oppose the Alton Gas Project for the past two years.
For numerous blogs on the situation, please click here.
#EveryLakeEveryRiver #UNDRIP
