Category Archives: Energy and Resources

While one First Nation sues to stop LNG, another embraces it

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Hereditary chiefs of the Luutkudziiwus House of the Gitxsan Nation opposing LNG pipelines at their Madii Lii Camp
Hereditary chiefs of the Luutkudziiwus House of the Gitxsan Nation at their Madii Lii Camp

While the country speeds toward a high-stakes federal election, things are heating up on the provincial front with the LNG file in BC. As Premier Clark hosts a third international LNG conference in Vancouver, sticking to her “optimistic” outlook despite a cooling global market, several First Nations continue to make waves with the issue – but in very different ways.

Yesterday, representatives of the 600-member Luutkudziiwus house of the Gitxsan Nation announced their intention to file a legal challenge of the province’s permits for the Prince Rupert Gas Transmission pipeline (PRGT), which would supply Petronas’ proposed LNG terminal on Lelu Island in the Skeena Estuary.

“We are taking the government to court over the lack of consultation, inadequate baseline information presented, a weak and subjective impact assessment, and the current cumulative effects from past development,”says Luutkudziiwus spokesperson Richard Wright.

[quote]People from all over northern BC are now outraged about the $40 billion Petronas LNG project. It is unbelievable that they claim they consulted with us.[/quote]

The case would seem to be bolstered by the recent stripping of Nexen’s water licence for fracking activities by a Fort Nelson First Nation legal challenge, on similar grounds. The same nation won a similar battle at the BC Supreme Court in August over plans by Canadian Silica Industries to mine sand for fracking in the region – cancelling a go-ahead the company had already received from the province.

Squamish Nation backs Woodfibre LNG

Squamish Chief Ian Campbell (Flickr/Leadnow)
Squamish Chief Ian Campbell (Flickr/Leadnow)

Meanwhile, the Squamish Nation’s elected council has voted to grant conditional approval to the proposed Woodfibre LNG plant in Howe Sound. The decision comes after the band announced in August 25 conditions it’s imposing on the project, some of which WFLNG has since consented too.

But local grassroots opposition group My Sea to Sky has strong reservations about this recent move. “While we completely respect the Squamish First Nation’s decision on how to protect and manage their traditional territory, there is still much work to be done by way of actually witnessing the proponent’s ability to meet the conditions during facility construction and operational stage,” the group noted in a statement released this morning.

“At the moment there is growing concern regarding the alternative FortisBC pipeline route and gas-turbine compressor station positioned behind Crumpit Woods, Raven’s Plateau and the Valleycliffe area. Residents are newly becoming aware of this new route situated even closer to their homes and schools. My Sea to Sky is aligned with the Squamish Nation Council with respect to the ardent concern that Woodfibre adopt a less-destructive cooling system to manage the proposed facility.”

The Squamish Nation shares this concern regarding the project’s cooling system, as Chief Ian Campbell acknoledges, “…we need to have mechanisms and assurances that the technology is the best available. The next step is the technical analysts to prove that the system won’t have an adverse impact.”

Campbell, has offered assurances of his members’ commitment to environmental sustainability, adding, “Bottom line: If our lands and waters are not protected, liquefied natural gas plants or other industrial operations simply won’t get built. Period.”

This may be welcome news to My Sea to Sky, but the group remains deeply concerned about local and broader risks from the project.

Thinking beyond Howe Sound

Fracking operations in northeast BC depend on large volumes of water (Damien Gillis)
BC’s LNG program would be fuelled by a large increase in fracking operation in northeast BC (Damien Gillis)

“Given the grave impacts of further developing the LNG industry in British Columbia – increased fracking in Treaty 8 territory in northeast BC, water contamination, climate change-causing emissions, and the risks associated with tanker traffic for the coast – we feel we have a collective responsibility to think beyond our backyards when it comes to evaluating the Woodfibre LNG project,” the group warns. “There are upstream communities deeply affected by our decisions regarding supporting an experimental LNG facility in Howe Sound.”

“Moreover, the social license for the Woodfibre LNG facility is still lacking from the Sea to Sky corridor as well as the municipalities around the sound who have all called for a ban on tankers in Howe Sound.” A long list of local and provincial municipal bodies have already passed motions for a ban on LNG tankers in Howe Sound, including Britannia Beach, Bowen Island, West Vancouver, Lions Bay, Gibsons, the Islands Trust and the Union of BC Municipalities.

Howe Sound resident, Common Sense Canadian co-founder and outspoken WFLNG critic Rafe Mair concurs with this sentiment:

[quote]This is a long way from over. People throughout Howe Sound are going to doing everything imaginable to prevent Woodfibre from going ahead.[/quote]

Chief Campbell made a similar acknowledgement, cautioning this vote does not constitute full approval. “This is one step in a multistage process, so it’s definitely not a green light for the entire project,” said Campbell. “It allows us to issue an environmental certificate that would be legally binding. The Woodfibre LNG facility must abide by all the conditions that the Squamish Nation has imposed.”

Free, Prior and Informed Consent

Meanwhile, in Gitxsan territory in the Skeena Valley, leaders of the Luutkudziiwus House – who are maintaining a camp in the path of proposed pipelines – are prepared to do whatever it takes to assert their rights and keep LNG pipelines off their lands and waters. “Our Madii Lii territory is not to be played with by the province of BC in their LNG game. Clark’s LNG dream is a nightmare for us,” says Hereditary Chief Luutkudziiwus (Charlie Wright). “While she tries to maintain a shiny picture of LNG in their conference this week, the reality is that First Nations are being bulldozed, and we have had enough.”

“We want the BC government to respect our constitutionally protected Aboriginal rights with a true reconciliation process that honors healthy families and increases community health and education,”adds Luutkudziiwus spokesperson Pansy Wright.

“Development within our traditional territories must have our Free, Prior and Informed Consent and stop tearing apart our communities.”

Future of LNG remains unclear

While Clark picked up support for her LNG vision from the Squamish Nation this week, the Gitxsan may have found a new ally in the global LNG market. One of Malaysia’s leading business publications recently revealed that Petronas is likely to put its project on hold until as late as 2024 due to plummeting Asian prices for the resource, which have fallen well below the break-even point for BC-made LNG.

Either way, the future of BC’s key economic vision remains far from clear.

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Rafe: LNG shill, Province blogger practices shabby journalism

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Screen capture of Regulator Watch video, in which host Brent Stafford (left) attacks Dr. Eoin Finn (right)
Screen capture of Regulator Watch video, in which host Brent Stafford (left) attacks Dr. Eoin Finn (right)

I am pleased to see that Brent Stafford, shill for the Postmedia Group and Resource Works and their unqualified support for Woodfibre LNG, has chosen to respond in the social media to articles of mine written in this publication.

Screen capture of @BrentStafford tweet defending his interview practices
Screen capture of @BrentStafford defending his interview practices

Stafford defends the notion that you can interview with one interviewer then have that interview voiced over by different interviewer and published as if the result was fair, ethical and accurate. He could not have made my point better than by producing the interview by a male and then showing it re-done by the very attractive Meena Mann, whom the subject, Dr. Michael Hightower – a globally-recognized expert on LNG tanker safety – had never heard of.

It must be noted that the viewer is not told about this switch and has every reason to believe that the interview was done in person throughout by Ms. Mann.

This isn’t doctoring an interview?

Stafford believes that this is good journalism – I am in no position to argue the moral precepts of modern journalism but say that it is a highly deceptive practice and done deliberately. I invite you to listen to both interviews and consider the inflection in the voice from Ms.Mann and her body language, including nodding, smiles and so on.

This is not what Dr. Hightower heard when he was being interviewed and lest you think that is minor, consider how much the inflection in the voice and the body language matters in normal social intercourse. Anyone who has pled cases in the courts knows how many ways you can ask a question and how many ways you can look, gesticulate, and visually work with words as you do, and the difference that can make even though the words are precisely the same.

If this were not so, why wouldn’t Resource Works and Mr. Stafford use the male interviewer, his face, and his gesticulations? Without seeing the guy, I think we can assume that he is not as nice looking as Ms. Mann nor as charming and pleasant to watch. Surely that’s done in order to make the interview itself more convincing and watchable.

It was this practice I condemned by article here and do so again now. It is a shabby deceptive practice intended to deceive and, rather than alleviate that conclusion, Stafford emphasizes and enforces it.

Courtesy of Eoin Finn
Courtesy of Eoin Finn

What is interesting are the recommended distances that LNG tankers must maintain from shore according to Dr. Hightower and his Sandia Laboratories. The on-the-water research of Commander Roger Sweeny, RCN, Ret. and the academic work of Dr. Eoin Finn is anathema to Woodfibre LNG and its shady owners.

There’s a reason that Stafford and his clients and partners, Resource Works and Postmedia, avoid this question like it was Ebola. The Sandia recommendations, as you might imagine, are most unhelpful to Woodfibre LNG. In fact, they have spent the time since this was exposed in The Common Sense Canadian, to remain studiously silent on the subject.

Speaking of Dr. Finn – a Howe Sound resident, retired KPMG partner and chemistry PhD – Stafford did a number on him that made me feel ill. It looked like an interview but was anything but. Stafford displayed Dr. Finn making a number of statements elsewhere at different times as if he knew he was in a debate with Captain Stephen Brown, spokesman for the LNG tanker industry. Captain Brown then gave his lengthy industry-biased replies. Needless to say, it would have spoiled everything if Stafford had given Dr. Finn a chance to respond.

In response to a series of tweets Stafford has levelled at me, I have raised this pseudo-interview but in spite my urging that he come clean, he won’t deal with this.

I have repeatedly asked him to explain how a newspaper chain Postmedia (which publishes his video blog) can take an official partnership position on one side of a very public issue when basic journalism ethics require that they remain neutral? How can they pretend to present fair coverage of the LNG and the Woodfibre application issue to the public when they are financially involved supporting them? Stafford refuses to answer.

I’ve asked him about his playacting as a journalist in his gig with the Province and he replies that since he explains what he’s doing its quite OK to fake evenhanded journalism.

I allege no lawbreaking – only misleading make-believe journalism. I can only imagine what Jack Webster, the toughest but always fair journalist, would say if he were alive.

Let me end this part of my response to Stafford by saying that any legitimate enterprise, which is telling the truth about what it intends to do and the consequences, doesn’t need to resort to deceptive practices and glib pseudo journalism to make their case. Furthermore, legitimate enterprises are prepared to meet the questions and criticisms raised and to do so honestly and forthrightly.

My recommendation is that if you want to hear the results of Woodfibre LNG’s propaganda machine, totally unaffected by the truth, that the place to go is Resource Works, the Postmedia Press and Mr. Stafford.

All others – stay tuned.

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How Postmedia climbed in bed with the LNG lobby and a PR flack

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Screen capture of Brent Stafford and his Regulator Watch program from The Province website
Screen capture of Brent Stafford and his Regulator Watch program from The Province website

It was early last September, as near as I can remember.
While strolling down the lane in tipsy pride.

Not a word did I utter as I lay there in the gutter
When this pig walked up and laid down by my side.

Not a soul were we disturbing, as we lay there by the curbing,
When this high tone lady stopped and I heard her say,

“You can tell someone who boozes, by the company he chooses”
And the pig got up and slowly walked away.  (Traditional)

Today’s column is a riddle: Who is the pig? (Remember that the pig, according to Churchill, was the noblest of all animals.)

First prize is the Common Sense Canadian Political Perspicacity Prize.

The cast of characters

First is an outfit called Resource Works, which, as readers will know, is a business-oriented shill for LNG in general but specifically in Squamish.

Second is Postmedia, the organization which wholly owns and controls, amongst others, the Vancouver Sun, The Vancouver Province, and National Post. It is no longer a journalistic observer of the LNG issue but a full partner with Resource Works in advocating for LNG in general and Woodfibre LNG specifically!

Thirdly is a newcomer, Brent Strafford, who, with considerable license, bills himself as a journalist and has joined Postmedia posing as just that (The Province refers to him as a B.C.-based journalist since 1988 in a story introducing Stafford to their readers).

In fact, he is a consultant to big business and bills himself as:

[quote]…having extensive experience creating and executing innovative marketing campaigns and joint-promotions. He’s worked with over 50 tier-one brands on strategies and tactical programs which leverage the power of entertainment properties and brand assets to build consumer engagement and drive sales. He has created national & global joint-marketing campaigns and intellectual property agreements with companies such as Procter & Gamble, Coca-Cola, Wal*Mart, Electronic Arts, New Line Cinema, Disney, NASCAR, Super Bowl, Hasbro, GRAMMYS and Lucas Films to name a few.

Stafford negotiated & executed the largest brand partnership for Disney’s “The Incredibles”​ bringing the studio 11 brands from P&G. He negotiated & executed a 4 country Pringles partnership & promotion with “The Lord of the Rings: Return of the King” and he delivered to P&G the Star Wars franchise for a 16 country theatricStafford negotiated & executed the largest brand partnership for Disney’s “The Incredibles”​ bringing the studio 11 brands from P&G. 

Stafford is also a nationally recognized expert on video games, delivering a $2MM anchor brand partnership to Comcast for the launch of the G4Tech-TV cable channel.[/quote]

Lastly, there’s the poor sap left with only his newspaper to inform him; as the wag said “the game may be crooked but it’s the only game in town”.

The issue

Readers will recall my reporting on a video published by Resource Works, hosted by a young lady, which turned out to be a fraud. It was in fact hosted by a man, the answers given by scientist Dr. Michael Hightower twisted and distorted by Resource Works and the entire matter was exposed by Dr. Eoin Finn – a Howe Sound resident and retired KPMG partner with a PhD in chemistry.

The exposure

It came to my attention that the falsified video was done by the said Brent Strafford. I was referred to his new website – RegulatorWatch.com –  and there I saw him at work, quoting Dr. Finn out of context and then having those remarks commented upon by Captain Stephen Brown, who, far from being an independent observer, is president of the Chamber of Shipping of British Columbia, which represents “vessel owners, operators, shipping agencies, ports and a wide range of key stakeholders engaged in international and domestic trade through Canada’s Asia-Pacific Gateway.”

The Story

Brent Stafford is the face of a new online video series and website, Regulator Watch and has joined Postmedia – with his own video blog page on the Province’s website one presumes as an independent commentator. There is nothing there differentiating this as paid or “advertorial” content – in fact, Regulator Watch appears right below the masthead, next to other news categories and series like “Federal Election 2015” and “Pets and Animals”. 

A screen capture of the Province's online masthead - with RegulatorWatch highlighted
A screen capture of the Province’s online masthead – with Regulator Watch highlighted

Did Postmedia hire Stafford? Or is this an in-kind barter – free content for the Province in exchange for the paper’s journalistic credibility and a bigger platform for Stafford and his Resource Works client to spread the gospel of LNG? These are questions which it would only be fair for Postmedia to answer with a full disclosure its Regulator Watch page. To date, the only thing remotely approaching that was an introductory post that noted “This video was produced independently by Regulator Watch…It is being hosted on TheProvince.com for commercial purposes.” What exactly does that mean? And why is this disclosure nowhere to be found on the blog page today, which, incidentally, appears under the “news” section of the website?

What is Regulator Watch all about?

A quick look at RegulatorWatch.com will show that it’s a Reaganesque program dedicated to bashing any and all forms of regulation, especially of the extraction and transportation of resources. It is described as “a founder-funded start up with limited support from industry and other stakeholders impacted by the regulatory process in Canada.” Just who are these silent backers? Stafford doesn’t say – neither did the Province when introducing him.

Given this man’s record, including tampering with a video to benefit a client; given his highly unprofessional “interview” slagging the absent Dr. Eoin Finn; given Postmedia’s journalistic obligations to serve the public, why the hell would the Province bring Stafford into their fold?

Is it not fair in the extreme to look at Postmedia’s becoming a formal shill for Woodfibre LNG and the crook that owns it and the sleazy record of Brent Strafford and remember what your parents taught you – you’re judged by the company you keep?

We start the stroll down the lane

We now have a combo then with the new partnership of Postmedia and Brent Stafford, both of whom are financially partnered with and indistinguishable from International Business and might just as well be arms of the Conservative Party of Canada.

There is nothing illegal about this at all. What is wrong and so clearly wrong is that they pass themselves off as giving independent advice to readers who are led to believe that they are picking up journalism not propaganda. It is this horrific deception that is being played upon the Canadian public and thus far they are blissfully ignorant of what is happening!

This is understandable. Would one expect a Canadian, brought up in a society professing free-speech and journalistic integrity, to think for one second that their daily newspaper would be taking one side of an issue and not only propagandizing that side, but doing so in the subtlest of ways? Indeed to actually be a financial partner on that side?

Canadians are beginning to cotton onto what’s happening. Postmedia is in terminal trouble and so it ought to be.

To see what was once one of the noblest of professions descend into the obloquy of a yellow journalism is excruciatingly painful to watch. To see the traditions of the  London Times, the New York Times, and the Guardian used this way by cheap cheaters and sleazy publishers is too sad for words. Even worse, perhaps, is to see honourable journalists pulled into this sleaze without the ability to defend themselves.

And then there’s the trusting, decent Canadian who wants to read a reasonably fair and accurate summation of public affairs, and a bit of peace and quiet – a bit of a lie-down, you might say.

There we have the contest. Who will hear the wise words, look around him, arise and slowly walk away?

The winner of the Common Sense Canadian Political Perspicacity Prize will soon be presented at a formal dinner at the White House, time to be announced.

And the winner is?

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Why Rafe Mair gave Sun and Province a stay of execution

Postmedia’s alternate version of energy realities

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Why Rafe Mair gave Sun and Province a stay of execution

Yesterday in my email inbox, the chickens began to come home to roost for Postmedia – the Canadian newspaper chain.

My first letter came from a constant correspondent who gave the Official statistics for BC Hydro losses going back to the old NDP years. Since the Campbell/Clark government, the losses have been staggering and BC Hydro is clearly in huge trouble. Those who have read this publication and followed such economic luminaries as Erik Andersen know that most of this goes straight to the catastrophic Campbell energy policy of 2002 which gave the production of new power to the private sector and forced BC Hydro to pay a huge premium for this power. Amongst other things, it was a policy that took hundreds of millions of dollars per year out of the BC treasury, in addition to setting BC Hydro on a path to bankruptcy.

On the eve of Christy Clark’s election in 2011, I had this to say on my website:

[quote]What does this [Energy Policy] mean in real terms?

The bankruptcy of BC Hydro, which will remain only as a conduit by which the private producers (IPPs) funnel their ill-gotten gains to their shareholders abroad.

It means that more and more of our precious rivers will be dammed (IPPs prefer the word “weir” in keeping with the Orwellian “newspeak” that abounds with these guys), with clear cuts for roads and transmission lines.

It means that new pipelines and enlarged old ones will carry the sludge from the Tar Sands to our coast with the mathematical certainty of environmental disasters – without our government making a nickel out of it.

It means that supertankers will proliferate on our coast again with the mathematical certainty of catastrophic spills.

It means continuation of the phoney environmental hearings where the public is denied its right to challenge the need for the project in the first place.

It means that the already truncated BC Utilities Commission, which oversees (or is supposed to) all energy proposals, will be abolished or maintained as a lame duck puppet of the Liberal Government

It means that the private sector will, unhindered, do as it pleases to our environment.

People like me will be jeered as being “against progress, against profit and anti-business”.[/quote]

The Common Sense Canadian, over the years since its inception in 2010, has quoted scientist after scientist, economist after economist, in column after column, to back up our claims. I, along with the estimable Joe Foy of the Wilderness Committee, campaigned against this policy all over the Province in the 2011 Election.

Today we learn that BC Hydro’s debt under the Liberal governments of Campbell/Clark has increased $9.4 Billion!

Yet this monumental story of incompetence, stupidity, political favouritism, ruination of our rivers and fish, fattening the wallets of international business at the expense of the BC taxpayer has been virtually ignored from the start, in all its aspects, by the Vancouver Sun, the Vancouver Province and the National Post – the Postmedia papers. Columnists once famous for holding governments’ feet to the fire have been silent. I wonder why? Perhaps we will see the answer in a moment.      

Postmedia teams up with oil and gas lobbies

The second email I received this morning set forth the deepening and ever-increasing reaction from the public to the revelations that Postmedia are official partners in promoting LNG in Squamish.

Damien and I have been reporting on the public relations shenanigans surrounding the proposed Woodfibre LNG project, chapter and verse, cheat by cheat, lie by lie – including doctored interviews – for many months. These tactics have been directed by Resource Works, the unofficial lobby for Woodfibre. Their efforts have been helped greatly by an official Partnership with the Province – evident in all the op-ed space they receive in Postmedia’s pages. 

One can’t blame people for taking a while to react because this is such an extraordinary event that it completely takes the breath away. Here we have Canada’s largest newspaper company financially involved with a highly controversial industry and pretending at the same time to report on it impartially.

You’ll be hard-pressed to find in either of the two Vancouver papers or indeed the National Post, any critical analysis on LNG whether it be its extraction as natural gas, its impact on the atmosphere, the “fracking” process, its conversion to LNG, its transport abroad, or any other aspect.

It goes further than this because Postmedia has developed a multimillion-dollar partnership with the Canadian Association of Petroleum Producers (CAPP). This is evident in the National Post, Postmedia’s flagship, which has virtually endorsed, root and branch, the positions of the industry on all matters of oil production and distribution.

All of this has been reported here in The Common Sense Canadian in clear, unadorned English on several occasions without response.

Media and democracy

Now let’s talk in real terms.

You, the reader, a free citizen, are quite entitled to whatever opinions you may wish on the whole aspect of fossil fuels. You may be dedicated to the proposition “the more the merrier” and that’s what a free country is all about. I think you’re a damned fool but that, too, is what a free country is all about.

At the same time, you, I and everybody else, are entitled to all possible information about this and other issues so that we can make up our minds based upon knowledge not simple prejudice.

This you have been denied and it is going to get worse.

Let’s look at a practical example from the last couple of weeks in the Vancouver Sun and Province. They’ve been full of “feel good” stories about LNG communities popping up around the province with all kinds of good things for all.

These stories are not accidents. They are plain and simple plants by the industry through their journalistic partner in order to affect, positively, your view of the LNG industry.

We have, most of us at any rate, grown up with the suspicion that you can’t believe everything you read in the newspapers. Nevertheless, most of us feel we’ve learned to read between the lines and to sort out the pepper from the fly shit. This, I hate to say, is no longer possible because they’re now the same thing.

No longer can you read a single solitary item about fossil fuels in general or, in our bailiwick, LNG specifically, in the Postmedia press and believe a single word. Everything published by the Vancouver Province, the Vancouver Sun, or the National Post concerning LNG is done as a paid partner in the project. That can never ever be forgotten by any who wish to be informed, objective observers of the LNG scene.

It truly sickens me to have to make these observations. I have known, respected, liked, gone to UBC with, spilled beer with – you name it – print journalists going back some 65 years. I grew up on newspapers and, even given the crap provided today, still subscribe. It’s very difficult for me to think of Postmedia going under with all of the jobs that entails.

The fact remains that Postmedia doesn’t deserve to exist in any world of journalism where there is a soupçon of journalistic ethics remaining.      

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Northern First Nations band together to block Petronas' LNG plans

Northern First Nations band together to block Petronas’ LNG plans

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Northern First Nations band together to block Petronas' LNG plans
Gitxsan leaders of Madii Lii Camp are standing behind the Lax Kw’alaams (submitted)

Several First Nations groups are banding together to block early work by contractors for Petronas’ Lelu Island LNG terminal. Leaders of the Madii Lii resistance camp – situated atop several proposed pipeline routes in the Skeena Valley – are rallying behind hereditary chiefs of the Lax Kw’alaams Nation who have been occupying Lelu Island in opposition to survey work for Petronas’ controversial project.

“We are standing together with the Chiefs on Lelu Island in opposition to the same LNG project. Our Madii Lii territory is on the pipeline route, and their Lelu Island territory is on the terminal site. We have both said no,” said Gitxsan Hereditary Chief Luutkudziiwus (Charlie Wright) in a statement today.

“This project threatens the salmon that all Skeena River and North Coast people depend on, and we thank the Yahaan (Don Wesley) and other Tsimshian Chiefs for what they are doing for all of us.”

Hereditary chiefs hold the line

Hereditary leaders of the Lax Kw’alaams and their supporters – a group of approximately 45 in total – erected a camp on Lelu Island, in the Skeena estuary, about two weeks ago in order to halt seismic and survey work by Petronas’ contractors. The work reportedly stems from concerns raised by the Lax Kw’alaams’ elected leadership over the initially planned location of a causeway for ships visiting the terminal – which sat in the middle of vital, sensitive habitat for salmon and other marine life. The elected leaders granted permission to the contractors to survey the area for an alternate location for the causeway, but this has not sat well with a group of hereditary chiefs now leading the occupation.

They confronted the crew of the Quin Delta drill ship and a barge which moved into the area over the weekend.

According to The Vancouver Sun, “Some equipment was set up before First Nations went out to the ship and asked the workers to stop, said Joey Wesley, a Lax Kw’alaams First Nation member. The activity ceased, but the workers appeared to have trouble removing equipment from the ocean floor, including heavy concrete blocks with surface markers, he said. The ship and barge remained in their location on Sunday just off Lelu Island, said Wesley.”

Shocking Petronas audit raises fears in BC

Concerns have been compounded by recent revelations by The Sun of a damning audit of Petronas’ Malaysian offshore operations, which reveals systemic neglect of equipment and safety issues.

Moreover, while Petronas’ contractors are operating under permits from the BC government and the Prince Rupert Port Authority, the federal review for the project is ongoing, after facing multiple delays owing to unanswered questions from the Canadian Environmental Assessment Agency.

The Port Authority is nevertheless warning that it will take action against anyone who obstructs survey work for the Lelu Island project – which will likely only inflame an already tense situation.

Gitxsan to take legal action

The Gitxsan leaders of Madii Lii Camp are not only backing their Skeena brethren, but they have been occupying their own territory in staunch opposition to pipeline construction and are now promising legal action of their own. “We are taking the government to court over the lack of consultation, the inadequate baseline information presented, the weak and subjective impact assessment, the current cumulative effects from past development, and the massive infringement of our Aboriginal rights,” says Madii Lii spokesperson Richard Wright.

“People are now on the ground blocking the Petronas project from the coast to far inland.”

Is ‘reconciliation’ possible amid energy conflicts?

These actions are mirrored by the Unist’ot’en Camp in Wet’suwet’en territory to the south, which stands in the path of several planned Kitimat-bound gas pipelines and the proposed Enbridge Northern Gateway pipeline. Tensions there have also grown recently, with the spectre of an armed RCMP takedown of the camp.

Despite a recent meeting between the BC Liberal government and First Nations leaders, aimed at reconciling historical enmity between the two groups, Premier Christy Clark’s key economic vision of LNG development remains dogged by First Nations at every turn. In addition to the above conflicts, the Fort Nelson First Nation recently won a landmark victory at the Environmental Appeal Board, forcing the cancellation of a major water licence for fracking, while the Tsartlip First Nation poured cold water on the notion of a floating LNG terminal in Saanich Inlet.

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Tsartlip First Nation blasts Steelhead LNG over proposed Saanich project

Tsartlip First Nation blasts Steelhead LNG over proposed Saanich project

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Tsartlip First Nation blasts Steelhead LNG over proposed Saanich project
Tsartlip Chief Don Tom opposing another unwanted project – construction of a luxury home on burial grounds

The Tsartlip First Nation on southern Vancouver Island is weighing in on a proposed LNG project for the Saanich Inlet – pouring cold water on an August 20 announcement by proponent Steelhead LNG touting the support of the neighbouring Malahat Nation. Both groups are jumping the gun, warns Tsartlip Chief Don Tom:

[quote]Tsartlip has requested a meeting with Steelhead LNG and it will take place onSeptember 11th. We intend on making it clear that Tsartlip First Nation’s approval will be required for any LNG project to proceed. We oppose the aggressive approach taken by Steelhead LNG and their Board of Directors by publicly announcing the project prior to any discussions with the Tsartlip community.[/quote]

This strong statement comes two weeks after Steelhead – which describes itself as “a Vancouver-based energy company focused on LNG project development in British Columbia” – trumpeted a “mutual benefits agreement” with the Malahat for a proposed floating LNG terminal in the Saanich Inlet at Bamberton. At the same time, the company announced that it had secured a builder, US pipeline company Williams, to begin designing the “Island Connector Project”, which would carry gas from Cherry Point, Washington to the floating plant.

“Tsartlip are the owners of the territory located on the eastern shore of the Saanich Inlet in Brentwood Bay and Tsartlip owns Goldstream Indian Reserve #13 directly to the south of the proposed LNG terminal location,” said a news release from the nation earlier today.

[quote]Steelhead LNG appears to be using a ‘cookie cutter’ approach in dealing with First Nations, this approach will not work with Tsartlip. We take offense to the aggressive pursuit of Malahat LNG without respectful acknowledgment of our Territory.[/quote]

The project is just the latest example of the problems energy companies can face when they ignore local First Nations’ concerns. Petronas faces similar challenges with the recent occupation by members of the Lax Kw’laams Nation of Lelu Island near Prince Rupert; while tensions continue mounting over pipelines planned to transit Unist’ot’en territory along the Morice River.

Further south, concerns have been raised by a growing number of groups and individuals about the risks of running LNG tankers through narrow passages and highly populated areas – which Chief Tom echoed in his comments today: ‎“Tsartlip takes tremendous pride in protecting all aspects of our community and will not subject our people to the risks around pipelines and LNG terminals, so far their process can be characterized as disrespectful and insulting.”

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NDP, Green candidates oppose Woodfibre LNG outright; Liberal and Tory are different story

NDP, Green candidates oppose Woodfibre LNG outright; Liberal and Tory are different story

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NDP, Green candidates oppose Woodfibre LNG outright; Liberal and Tory are different story
Green candidate Ken Melamed doesn’t see a future for Woodfibre LNG (facebook/Mitch Stookey)

Local NDP and Green candidates are steadfastly opposed to the Woodfibre LNG project near Squamish, reveals a recent series of one-on-one interviews.

Meanwhile, the Liberal candidate for West Vancouver—Sunshine Coast—Sea to Sky Country, Pamela Goldsmith-Jones, is on the fence, while Tory incumbent John Weston remains predictably supportive of the controversial project.

According to the survey (see full results here), conducted by Propeller Strategy – a non-profit group with a focus on environmental and public interest issues in BC – former West Vancouver Mayor Goldsmith-Jones has “four conditions that would need to be in place before Woodfibre LNG could be properly reviewed.”

[quote]The criteria included a marine strategy, a climate strategy, genuine consultation and most importantly an audit is needed of the new environmental laws resulting from changes made by the Conservative government.[/quote]

Little has changed for Weston, who attacked West Vancouver council last summer for passing a resolution to ban LNG tankers in Howe Sound. Municipal leaders there joined other Sunshine Coast and Howe Sound councils opposed to the plan.

But for NDP candidate Larry Koopman and the Greens’ Ken Melamed, a former Whistler Mayor, the answer is a hard “No”, as Woodfibre clearly lacks the social licence required to proceed.

Woodfibre wrong for many reasons

Eoin-Finn-on-Woodfibre-LNG-safety-risks,-West-Van-Council-vote
Woodfibre LNG would see large tankers travelling up Howe Sound (Eoin Finn)

According to a media release from Propeller Strategy, the “LNG export industry is not appropriate for BC,” says Melamed, nor is it “consistent with the values of Canadians and a strong economic policy.”

Propeller conducted a similar survey of municipal candidates throughout the region before last year’s election, which revealed that a staggering 94% of respondents were opposed to Woodfibre. Those indications were borne out post-election, as Squamish took a harder tack with Woodfibre, denying permits to build an expanded pipeline connected to the project through the Squamish estuary.

Woodfibre faces a wide range of concerns – including the danger of running tankers up the narrow, heavily-populated Howe Sound, ecological impacts from the plant and the fracking in northeast BC that would be required to supply Woodfibre with its gas, and questions about the project’s owner, Indonesian billionaire Sukanto Tanoto.

Propeller’s Stan Proboszcz, who carried out the interviews with several constituents in attendance, commented, “Important local issues are often absent from federal election campaigns.”

[quote]Woodfibre LNG will put the local economy, environment and citizen safety at risk, and voters deserve clear positions from all candidates on this issue before the election.[/quote]

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Harper and Clark: Quit goading First Nations with premature LNG, Site C work

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Unist'ot'en Camp leader Freda Huson denying access to RCMP on July 15 (Youtube video screen capture/Stimulator)
Unist’ot’en Camp leader Freda Huson speaks to RCMP on July 15 (Youtube video/Stimulator)

You’d hope we’d come a long way since the crises of Gustafsen Lake and Oka . You’d hope.

This is, after all, 2015. Post-Tsilhqot’in decision. Post-Truth and Reconciliation Commission – out of which the Chief Justice of the Supreme Court of Canada used the words “cultural genocide” to describe the treatment by the crown of generations of aboriginal peoples.

To top it all off, we’re in the midst of a federal election – hardly the time for strong-armed tactics driving forth federal energy policy.

And yet, in the recesses of the ivory tower that is the PMO in Ottawa, there has likely been a running conversation in recent days and weeks about directing the RCMP to dismantle a First Nations-led encampment on the Morice River, wherein indigenous titleholders to those lands and waters are peacefully denying access to surveyors from TransCanada Pipelines who want to build a natural gas conduit to the coast.

Christy Clark's LNG-fueled Fudge-it Budget
Premier Christy Clark (CP)

Meanwhile, in the province’s northeast, BC Hydro has been preparing to cut down eagles’ nests sacred to local Treaty 8 peoples. Why? Because in 7 or 8 years, the Peace River Valley may be flooded yet again for a third dam, billed Site C. That is, if the project survives multiple, constitutionally-grounded legal challenges, horribly flawed economics, the absence of any real need for it, and criticism from all corners – including a former Hydro CEO and the head of the Joint Review Panel that examined the dam – plus about a dozen other good reasons not to build it.

If there is any need to cut down those nests, it won’t come for years into the future, when the dam is raised and the valley flooded. But permits were issued by the Clark government to begin cutting them down in a few days. Why? I’ve thought long and hard about this and can’t find any other good reason than out-and-out provocation of First Nations.

They dare to gum up the cogs of the progress machine? Hit ’em where it hurts. Show ’em who’s boss.

Pushing buttons

The same can be said for TransCanada’s survey work. All summer we’ve been hearing a familiar, frustrating tune. The company tries to enter this contentious stretch of territory – occupied for years now by members and supporters of one of the five clans of the Wet’suwet’en Nation, the Unist’ot’en. They have made their position clear: No oil or gas pipelines through their territory. They are backed up by the hereditary chiefs of all five clans. They have not been ambiguous in any way.

Yet the company returns, with predictable results. Then, they turn to the police – pitting members of the camp against armed law enforcement.

Now, in recent days we learn, from alarm bells being rung from the camp and supporters around BC and the world, that the RCMP have booked out hotel rooms in nearby communities and may be preparing to descend upon the camp.

RCMP backtracking?

Under intense pressure from social media and concerned citizens, groups and prominent leaders, the RCMP issued the following statement on Friday evening:

[quote]To clarify, the BC RCMP has no intention of ‘taking down the camp’ set up by the Unist’ot’en…Despite what is being portrayed by some media and on social media, the BC RCMP would like to emphasize that we remain impartial in this dispute. We understand that there has recently been progress made and we are very pleased with these developments. Our Aboriginal Policing Members continue to remain in contact directly with the Unist’ot’en and we will continue to assist in any way we can. [/quote]

If this is true, it’s a step in the right direction and an indication that public pressure is working.

But it would be foolish not to take such a statement with a pound of salt. After all, we’ve seen this before, all too recently, in New Brunswick, where members of the Elsipogtog First Nation stood up to unwanted shale gas exploration in their territory. Rubber bullets, tear gas, jack boots, German Shepherds. Ugly, ugly stuff.

Moreover, note how the above RCMP statement does not preclude arresting the members of the camp – only “taking down” the camp itself. It will be very interesting to see their next move.

What’s the rush?

Lelu Island and Flora Bank (foreground) - site of controversial proposed LNG plant (Skeena Watershed Conservation Soc.)
Lelu Island and Flora Bank (foreground) – site of controversial proposed LNG plant (Skeena Watershed Conservation Soc.)

What this issue has in common with the eagles’ nests in Peace Country is the unnecessary haste. Wherever you stand on LNG, nothing real is happening anytime soon. Not because of protest – though that’s certainly an important factor – but because the market is simply not there. Heck, it was bad at $50 oil and China bailing out in favour of cheaper Russian pipelines. At $40 oil (Asian LNG spot market prices are indexed to oil prices), with Japanese nuclear plants firing back up, the Chinese economy in trouble, and the Malaysian government imploding, you could not pick a worse time to be developing BC LNG.

So when you hear about Petronas’ contractors carting in geotechnical instruments to Lelu Island, near Prince Rupert, or TransCanada barging into Unist’ot’en territory for survey work, we’re talking early, early, wishful, whimsical, shot-in-the-dark work here. What we are not talking about is anything closely approximating an LNG industry actually being built in BC.

Which brings me to my point: What’s the rush? If this stretch of the Morice River is so sacred to and so forbidden by the First Nations who hold title to it, and meaningful development of a hypothetical plant in Kitimat is so far off in the distant future – not to mention bloody unlikely, period – then why risk provoking another ugly chapter in Canadian colonial history?

Hydro forced to stand down…for now

Treaty 8 drummers above proposed Site C Dam (Damien Gillis)
Treaty 8 drummers above proposed Site C Dam (Damien Gillis)

In another piece of encouraging news – depending how you look at it – an injunction hearing brought this month by Treaty 8 First Nations over the eagles’ nests and other early work by Hydro yielded some progress with a ruling Friday. While the court declined to issue an injunction, as a part of the proceedings, BC Hydro committed to stand down for now on some of this contentious work – until current cases before the courts have been decided.

“We went to court to protect our old growth trees, eagle nests, beaver dams and our traditional way of life”, said Chief Roland Willson of West Moberly First Nations. “As a result, BC Hydro will not be destroying the forests or removing eagle nests and beaver dams in the Moberly River valley [which runs into the Peace River at the dam site]. We asked for those areas to be protected”.

Broader concerns over the legitimacy and constitutionality of Hydro’s work permits for Site C will be decided at a judicial review hearing in November. Yet these temporary concessions from Hydro are cold comfort amidst the Clark government’s obsessive drive to build a $9 Billion-plus project that we plainly don’t need and to which First Nations and farmers and many supporters around BC are steadfastly opposed.

What’s Harper driving at?

Harper slashes federal taxes for BC LNG industry
Stephen Harper announces the Government’s intent to support the creation of BC’s LNG industry in Surrey, BC (PMO)

It’s not terribly surprising that Clark continues pushing forward her LNG and Site C pet projects while she faces little opposition from an absent NDP and her next provincial election is a ways off yet. But the RCMP’s enforcement of pipeline construction is a federal matter that, knowing how the Harper government operates, must be micromanaged from the PMO. This in the midst of a federal election campaign.

Which begs the question: What is Harper up to?

The logical conclusion is that he sees an opportunity to prove his point on Bill C-51 – to offer up an example of the kind of “radical” protest of “critical infrastructure” for which he designed it. If the RCMP were to push their way into the camp and things went badly, in his twisted mind, this would provide fodder for his campaign. “See, I told you. These are the kind of radicals you need my protection from.”

If this is what he’s thinking, I submit he’s wrong. The Unist’ot’en have indicated their intention for peaceful, title-and-rights-based opposition. Nothing good can coming of provoking this sort of conflict. And as I say, there’s simply no need for it at this stage in the game. Meaningful LNG development is miles away, if it ever comes.

Time for a Time-Out

So, to TransCanada, I say, you’ve got 1,000 km of survey work to do. Leave the Unist’ot’en alone.

To Stephen Harper, you just polled 23% to Mulcair’s 40% in a major national poll, partly because of this very attitude you continue exhibiting. I suggest you worry more about staying in office than beating the policies of your last term over the heads of the Unist’ot’en and other First Nations and concerned citizens. Canada needs to grow up, not regress to the travesties of Gustafsen Lake and Oka.

And to Christy Clark, I say, your own election campaign is not really that far off. Should you stay this course, your fiscal recklessness, disrespect of the courts and First Nations will come back to bight you in the you-know-what.

The world, as they say, is watching.

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Why privacy matters in this Canadian election

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Why privacy matters in this Canadian election

While you are out this weekend enjoying the last days of summer on the beach and the RCMP come by to check whether your cooler is full of (gasp) beer or wine, you have every right to tell them (I would suggest politely) that no, they cannot look in your cooler.

Now I am not a lawyer (although I did consult one to write this article), so don’t come looking for me if the whole exchange doesn’t go smoothly, but the law is very clear in Canada that the police only have a right to search your cooler if they have reason to suspect you have alcohol or something else illegal in inside.

And this extends to all sorts of other things, like driving your car, which reminds me of the old police shows where the local rebel is pulled over and when he asks the sheriff why he was pulled over the sheriff pulls out his baton, smashes a tail light and says, “broken tail light.”

Even the redneck sheriff knows that in order to pull a person over he has to have a reason for doing so.

In Canada, we have a reasonable expectation of privacy. We have the right to go about our lives without being bothered by the police, unless the police have a justifiable reason for doing so.

In fact this rule is so important that it is embedded in the Canadian Charter of Rights and Freedoms under section eight, which states that:

[quote]Everyone has the right to be secure against unreasonable search or seizure.[/quote]

While section eight of the Charter protects all sorts of things, one of the biggies is our right to a reasonable expectation of privacy.

So unless you are acting like a drunk idiot at the beach this weekend, it is reasonable for you to expect your privacy and the RCMP cannot butt into that privacy by demanding (or even politely asking) to see the contents of your cooler, backpack or whatever other personal belongings you have with you.

National insecurity

If it is the case that the police, or any other form of law enforcement, are not allowed to search you or our belongings without reason, how could it be okay in Canada for law enforcement to search and seize our personal information and digital conversations without probable cause?

The RCMP might not have reasonable grounds to search your drink cooler while you lay on the beach, but under new laws rammed through with little debate by Stephen Harper and his Conservative government, law enforcement agencies like the RCMP and the Canadian Security and Intelligence Service (CSIS), will have more power than ever to monitor, collect and share the information you are transmitting on that fancy new iPhone 6 Plus of yours, or any other electronic device you have.

Your right to privacy is extended to online activities, which was confirmed in a 2013 Supreme Court of Canada case involving Telus, in which the court ruled that Canadians should have a reasonable expectation of privacy when it comes to electronic transmissions like text messaging and emails.

So what is the government to do if it has a burning desire to monitor more of its citizens’ activities – especially online – in the name of national security?

What the Harper government did with Bill C-51 is loosen the definition of what behaviours are considered an indication of potentially illegal activity. By broadening the definition of what activities are considered a possible threat to national security, the government now has more reasons to monitor your behaviour.

Loosening and broadening the definition of what is an indication of possible criminal activity is the key trick in Bill C-51 and harms your right under the Canadian Charter of Rights and Freedoms to a reasonable expectation of privacy.

“Critical infrastructure”

Arrests begin on Burnaby Mountain in Kinder Morgan standoff
Burnaby Mountain/Kinder Morgan arrest (Photo: Brad Hornick/facebook)

It is in the definitions section of the final version of C-51 that was passed June 15, 2015 where we can see the introduction of very broad terms to define what is an “activity that undermines the security of Canada.”

For instance, one such activity that would undermine the security of Canada (according to C-51) is the “interference with critical infrastructure.” In the context of pipeline protests this is a cause for concern for those citizens who want to show up and voice their opposition to the construction of a pipeline.

In the definitions section of C-51 there is a statement that, on the surface, would seemingly protect pipeline protestors: “For greater certainty, it does not include advocacy, protest, dissent and artistic expression.”

But it is the broadness and vagueness of this text that is concerning, especially when Conservative party members have a history of labelling those speaking up on environmental issues as “eco-terrorists.”

Human rights, Canada’s reputation at risk

Again though, I am not a lawyer, but here’s what a group of prominent experts, including 106 law professors, had to say about C-51:

[quote]Protecting human rights and protecting public safety are complementary objectives, but experience has shown that serious human rights abuses can occur in the name of maintaining national security. Given the secrecy around national security activities, abuses can go undetected and without remedy. This results not only in devastating personal consequences for the individuals, but a profoundly negative impact on Canada’s reputation as a rights-respecting nation.[/quote]

Stephen Harper, the hypocrite

The kicker here is that while the Harper government wants to invent new reasons to watch what you do, the same does not go for Prime Minister Harper himself, who is so tight with his own information that he is rarely even willing to talk to the media!

Stephen Harper wants you to be willing to give up your privacy, but is not willing to make his activities and those of his government more transparent and open.

Glenn Greenwald, the journalist and constitutional lawyer who worked with whistleblower Edward Snowden to expose the massive intrusion of privacy by the US government against its own citizens and countries around the world, has a very well-thought-out opinion on why people should have a reasonable expectation of privacy and why if you are not doing anything wrong, you should still expect that privacy.

And on the hypocrisy of those, like Stephen Harper, who call for less privacy, but take steps to further protect their own privacy, Greenwald had this to say:

[quote]…the people that say that, that privacy isn’t really important, they don’t actually believe it. And the way that you know that they don’t actually believe it, is that while they say with their words ‘privacy doesn’t matter,’ with their actions they take all kinds of steps to safeguard their privacy. They put passwords on their email and their social media accounts, they put locks on their bedroom and bathroom doors. All steps designed to prevent other people from entering what they consider their private realm and knowing what it is that they don’t want other people to know.[/quote]

Watching over your back

In this election, like most elections in recent history, public safety is a hot issue, and every party wants you to think they have your back when it comes to protecting you, your family, friends and fellow citizens.

But there is an important line that needs to be drawn between watching your back and watching over your back.

Our right to a reasonable expectation of privacy is stated pretty clearly in our country’s Charter of Rights and Freedoms. It is a right that past generations fought and died for and not something to be taken lightly.

And our right to privacy is definitely not something that should be compromised by a new set of ham-fisted laws that were rammed into existence with little debate.

So vote smart in this election if privacy is something important to you, because it matters, and what is a law today can be changed by a new government tomorrow.

As a first step, go here to to see the official vote count and who voted for and against Bill C-51, and consider voting accordingly.

Or here’s the crib notes: the Conservatives and Liberals all voted in favour of C-51, while every other party voted against it.

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BC's biggest fracking quake yet? 4.6 felt by residents north of Fort St. John

BC’s biggest fracking quake yet? 4.6 felt by residents north of Fort St. John

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BC's biggest fracking quake yet? 4.6 felt by residents north of Fort St. John

Republished from the ECOreport.

A recent  earthquake near Wonowon, 100 km north of Fort St. John,  is the largest of over 500 seismic events in northeastern BC, believed to be related to hydraulic fracturing. It may be remembered as BC’s 4.6m fracking quake.

“Likely induced by hydraulic fracturing”

Though the connection has not yet been proven, the quake’s epicentre was just 3 kilometres from Progress Energy’s fracking site. The company immediately shut down operations and notified the province’s oil and gas commission.

“It’s still under investigation, but it was likely induced by hydraulic fracturing,” said Alan Clay, the commission’s communications manager.

History of tremors

Toxic flowback fluid from hydraulic fracking (Photo: Upstream Pumping Solutions).
Frack fluid disposal equipment (Photo: Upstream Pumping Solutions).

When the commission monitored seismic events in this area, during the fourteen months ending in October 2014, they “found that during this period 231 seismic events in the Montney were attributed to oil and gas operations – 38 induced by wastewater disposal and 193 by hydraulic fracturing operations. None of the recorded events resulted in any injuries, property damage or loss of wellbore containment.”

A previous study, in the province’s Horn River Basin,(2012) documented 272 seismic events” that “were caused by fluid injection during hydraulic fracturing in proximity to pre-existing faults” between April 2009 and December 2011.

Though most of these seismic events were also too slight to be felt, the Wonowon quake is different.

“Everyone here felt it”

“Everybody here felt it. I was sitting in my medic truck and I felt the whole thing shake. Some light towers were shaking,”  Kaila Walton told the Alaska Highway News.

“My house got shook. My couch I was on was actually shaking with me. It dawned on me it could be earthquake, but it could be fracking in the area. I don’t think they should continue fracking,” Bernice Lilly told the CBC.

Magnitudes growing

There have also been quakes across the border, in the Fox Creek area of Alberta. Prior to the commencement of fracking operations in 2013, this region had one measurable quake a year. There have been at least 160 “small” quakes since then and two measuring 4.4 this year.

According to Gail Atkinson, who holds the Canada Research Chair in Induced Seismicity Hazards at Ontario’s Western University, “the magnitudes have been increasing every year.”

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