Category Archives: First Nations

First Nations Slam Harper Government’s Legal Argument for Canada-China Trade Deal

June 11, 2013First Nations, International, PoliticsCommon Sense Canadian

The following statement was issued by the Union of BC Indian Chiefs in response to the Harper Government’s rebuttal to a case being brought by the Hupacasath First Nation against the proposed Canada-China Trade Deal.

Last week the Federal Court of Canada heard oral arguments from the Hupacasath First Nation and the Harper Government on Hupacasath’s legal action regarding the Canada-China Foreign Investment Promotion and Protection Agreement (FIPPA). In response to First Nations concerns of infringement on their inherent Aboriginal Title and Rights and lack of consultation the Hupacasath First Nation was compelled to launch a court challenge under Section 35 of the Canadian Constitution.

The Government of Canada argued that there must be causal link between the ratification of FIPPA and the adverse effects on Hupacasath First Nation Title and Rights to proceed with consultation. Furthermore, the Harper Government held that no Aboriginal group had requested consultation with respect to any of the Canada’s 24 FIPPAs with other countries or that negotiations with respect to Canada-China FIPPA had been available to the general public via the Department of Foreign Affairs and International Trade website since 2008.

“It is well-documented that FIPA was negotiated in secret and First Nations and Canadians first heard about this agreement when it was signed in 2012. This agreement is significantly different then the other 24 FIPPA’s Canada references. China already has and will continue to grow its investments, assets and projects in Canada and consequently we take all the risk in this agreement. It will allow foreign investment to trump the Title and Rights of First Nations and take full advantage of Canada’s much weakened environmental standards,” said Chief Bob Chamberlin, Vice-President of Union of BC Indian Chiefs.

“It is unbelievable that Canada has argued that consultation requires a ‘request’ from a First Nation. The Constitution and common law require the Harper Government to meaningfully consult and accommodate our interests where a decision has the potential to infringe our inherent Title and Rights as guaranteed by section 35 of Constitution Act, 1982. Consultation does not require a ‘request,’ written or otherwise to trigger the Harper Government’s fiduciary duty to consult First Nations,” Councilor Marilyn Baptiste, Secretary-Treasurer of the Union of BC Indian Chiefs stated, “Canada endorsed the United Nations Declaration on the Rights of Indigenous Peoples in 2010 which states that ‘Canada shall consult and cooperate in good faith with indigenous peoples in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them”, clearly Canada has failed to do so in this matter.”

Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs concluded, “First Nations and Canadians are extremely concerned with FIPPA and its wide implications including infringements on our inherent Title and Rights and the ability to allow foreign corporate interests to take advantage of the weakened environmental protections to proceed with the rapid expansion of resource development on un-ceded First Nation territories. Through this agreement, China will be granted protection and would thus greatly increase their investment in the development of the Alberta tarsands, pipelines, mining projects and other resource development projects, all at great risk to our Aboriginal Title, Rights and Treaty rights, but ultimately at great cost to the environment that all British Columbians and Canadians share and treasure. We will fight to defend this valued legacy that represents the ultimate birthright of our children and grandchildren.”

Caleb Behn on Indigenous Law, resource conflict in northeast BC

June 10, 2013Energy and Resources, First Nations, FrackingDamien Gillis

Caleb Behn on Indigenous Law, resource conflict in northeast BC — Caleb Behn (photo: Damien Gillis)

Watch this presentation by Caleb Behn, a young, First Nations lawyer-in-the-making from Treaty 8 territory in northeast BC – one of the most heavily industrialized places on earth. The subject of the forthcoming documentary film Fractured Land, Behn discusses the blending of indigenous and colonial law to address the conflict arising from intense resource development, such and natural gas fracking, hydroelectric dams, logging, mining, and industrial roads that permeate his ancestral lands and threaten his family’s traditional way of life. The one-hour presentation – shown here in three parts – was co-hosted at the Vancouver Public Library on February 28 by Lawyers’ Rights Watch Canada, Amnesty International and the Hul’qumi’numTreaty Group. Behn, who is Dunne Za/Cree on his mother’s side and Eh-Cho Dene on his father’s, recently completed law school through UVic and is now pursuing his articles at Ratcliff & Company in Vancouver.

Part 1

Part 2

Part 3

Intro

Rafe: With NDP Loss, It’s Up to First Nations and Public to Protect Environment

June 3, 2013First Nations, Politics, Western CanadaRafe Mair

First Nations and BC citizens march together against Enbridge in Prince Rupert in 2012.

I think most environmentalists are still in a state of shock over the Liberals’ victory – or more correctly, the NDP loss.

The NDP campaign was the worst I have ever seen, and that’s saying something! I thought 2009 was bad but it wasn’t a patch on this one.

There’s no point in trawling over the ashes – suffice it to say that Ipublicly advised Adrian Dix, about half way through that politics in BC was a blood sport and that he was in danger of losing.

It didn’t take the Vancouver Sun long to get back into the swing of things with a four-page corporate blow job getting every point of view save those opposed to pipelines and tanker traffic. All the faces of unrestrained capitalism were there, including the great floor crosser himself, David Emerson. The environmentalist’s position was confined to a couple of quotes – I can assure you that neither Damien nor I was questioned.

The evidence from Environment Canada and the US government confirm that spills on land and at sea are certain thus the question is not “if” but when.

A great portion of quotes from industry tallied about their improved cleanup techniques, making one wonder if the prospects for spills were so slim, why bother about clean-up preparations?

There are consistently two obvious questions always avoided – first, if you can clean up spills, what happened to Enbridge and its Kalamazoo spill, now nearly 3 years past?

Perhaps more obvious and important is the question: if your spill occurs anywhere along the Enbridge Gateway project, how are you going to get men and machinery to it?

We’re talking here about the Rockies, the Rocky Mountain trench, the Coast Range and the Great Bear Rainforest. If Enbridge couldn’t control or clean up the Kalamazoo spill – easily accessible – how do they deal with a spill where no one can get at it?

And if Christy Clark does defy her lack of credibility on the issue and follow through on recent bold statements against Enbridge, what of the proposed Kinder Morgan pipeline tripling she’s now turning to? Or David Black’s proposed refinery in Kitimat, which she has also supported? These projects present many of the same problems, as I have often noted in these pages.

A battle has been lost, although considering Adrian Dix’s waffling on environmental matters generally, perhaps the NDP would have been no better than the Liberals.

It’s up to First Nations and the rest of us to go to work to stop the destruction of what we love so dearly and we must be ready for civil disobedience. If we’re not prepared to do that, it’s like going into a poker game saying, “remember, I’m always bluffing.”

First Nation taking on Canada-China trade deal needs your help

April 10, 2013Economics, First Nations, International, PoliticsDamien Gillis

A legal challenge underway by a BC First Nation may hold the last, best hope in the battle to protect Canada’s resources, environment and democracy from the Canada-China trade deal, known as FIPPA (Foreign Investment Promotion and Protection Agreement). But they need the public’s support in order to see their costly court case through.

The Hupacasath First Nation from Vancouver Island is heading to court this month in an attempt to block the controversial trade deal by asserting its infringement on the nation’s tile and rights. The Hupacasath’s representatives argue their constitutional rights to consultation have been violated by the deal and the manner in which it is being brought in. FIPPA would have a detrimental effect on this and other nations’ title and rights, as it entrenches the rights of Chinese investors above and beyond Canada’s First Nations and citizens.

FIPPA would mean Canada’s environmental laws and the concerns of the public are trumped by access to resources for Chinese companies –for a 31 year period once it’s ratified.

For instance, for the Hupacasath, a proposed coal port in nearby Port Alberni would be built by Compliance Energy, a Chinese company, thus, receive special protections from environmental or public health concerns. The same applies to logging, mines, private hydro projects, roads and any other Chinese-driven industrial development “promoted and protected” by FIPPA. Inevitable oil spills from tankers destined for China would also impact the Hupacasath and other nations’ traditional way of life on the land and water.

To help fund their $150,000 legal bills, the Hupacasath are running a crowd-funding initiative, which you can support here.

Fractured Land Subject Caleb Behn in Vancouver to Discuss Indigenous Law, Resources

February 27, 2013Canada, Energy and Resources, First Nations, Western CanadaCommon Sense Canadian

Caleb Behn, a young, Indigenous law student from northeast BC and the subject of the forthcoming documentary film Fractured Land, will be at the Vancouver Public Library this Thursday evening, February 28, to give a talk sponsored by Lawyers’ Rights Watch Canada.

Behn, who recently completed his legal studies at UVic with a concentration in environmental law and sustainability, derives from Treaty 8 country in northeast BC – one of the most heavily industrialized regions in the world. On side of his family is Dunne Za and Cree from West Moberly First Nations in the Peace River Valley, the other being Eh-Cho Dene from Fort Nelson. Both territories have been heavily affected by natural gas “fracking” operations, among other industrial activities – including logging, mining and large hydroelectric dams.

Behn’s presentation, which starts at 7 pm in the Alice McKay Room at the Vancouver Public Library’s downtown branch (350 W. Georgia), is titled “Indigenous Law as a Solution to Resource Conflict in Treaty 8”.

Event host Lawyers’ Rights Watch Canada describes it as follows:

Unconventional energy development made possible by hydraulic fracturing (“Fracking”), has massively increased energy development in Treaty 8, which contains the second largest hydrocarbon deposit on earth. This has led to litigation, blockades and other forms of conflict with indigenous communities. Caleb Behn examines the potential of indigenous laws and legal traditions to ensure preservation of the environment as a condition of energy development and to effect reconciliation.

Behn’s profile has increased of late, partly due to his involvement in the documentary film Fractured Land, co-directed by The Common Sense Canadian’s Damien Gillis. The soon-to-be-lawyer recently completed a speaking tour through the Yukon, discussing proposed fracking operations there, and another with The Council of Canadians’ Maude Barlow, dealing with proposed oil and gas pipelines and tankers in BC.

Thursday’s night’s event is free of charge, but seating is limited.

Idling Harper: Why First Nations Movement Poses Genuine Threat to PM

January 31, 2013Canada, First Nations, Politics, UncategorizedRay Grigg

Systems are always bigger and more complex than the individuals who try to control them. So political systems, like ecological ones, can be influenced and guided for a while by the stringent and obsessive management of details, but the intricate convolutions within their countless interacting parts eventually expose the futility of such effort. This is now becoming apparent in the present Conservative government in Canada under the authoritative — some say autocratic — leadership of Prime Minister Stephen Harper.

The Prime Minister is known for his propensity to control, a predilection that includes his caucus, parliament and the research studies from every scientist in the employ of the federal government. All information is vetted through his office, the PMO, to be certain it conforms to the message and the image he wants to portray of himself as a rational and competent manager of the nation’s business. But this strategy ultimately fails because even the most fastidious control can never match the complexity of systems. Like trying to prevent water from flowing downhill, pressures build, leaks occur, the ground saturates, and the whole containment effort finally collapses.

An extremely revealing leak occurred at the Salt Spring Forum on December 2, 2012, where Tom Flanagan, Stephen Harper’s former professor, mentor, advisor and campaign manager, was invited as the featured guest — “former” because Flanagan’s 2009 book, Harper’s Team: Behind the Scenes in the Conservative Rise to Power, ended their communication (Jane Petch in Island Tides, Dec. 13/12, p.9-10).

But Flanagan certainly communicated to his Salt Spring Island audience about someone he knows extremely well. “Stephen is very intelligent,” he said. “He’s an abstract strategic thinker who translates ideas into action. He is an unusual package of characteristics. He can be charismatic in small groups, morose, secretive, suspicious and vindictive. These may not be traits you want in your next door neighbour, but they are very useful in politics.”

“He develops strategies for himself,” Flanagan confided. “He listens to his Chief of Staff, Nigel Wright, and a small group of men he has come to trust: Baird, Clements and Flaherty. He doesn’t consult widely before decisions are made, and this has created problems for him.” Amazingly, Flanagan declared that he was unaware of any vision the Prime Minister had for Canada. “Stephen’s allergic to laying out a vision. He’s more concerned with the specifics.”

When asked about the Prime Minister’s dismantling of environmental regulations, Flanagan said that “Stephen sees through an economic lens, not an environmental one.” As for ignoring the scientific evidence of climate change, Flanagan explained that, “Everyone sees evidence through different binoculars. …It depends on what evidence you look at.” He added that he agreed with Stephen Harper’s policy of “appearing to make a difference without actually changing anything.”

Such a policy reveals a noteworthy fallacy. If the Prime Minister is attending only to details without being guided by a larger strategy, then how can he control outcomes? All his decisions and legislation suggest he is having a profound effect on Canadian politics. His efforts to spend Canada out of the Great Recession of 2008 have committed the treasury’s finances to massive deficits. His prorogation of parliament to avoid a vote of non-confidence has left an indelible scar on the country’s democratic psyche. His citation for contempt of parliament has created unprecedented cynicism in the House of Commons. His disregard of overwhelming scientific evidence for climate change and environmental deterioration now appears like petulant, stubborn and abject denial — an international embarrassment and a neglect tantamount to criminality. His omnibus budget bills, C-38 and C-45 that avoided parliamentary debate on a host of new laws, have created a bitter electorate.

Perhaps the Canadian public has become accustomed to the shock of the Prime Minister’s political tactics. But environmentalists and scientists have reacted with incredulity and dismay. And First Nations across the country, already extremely tense and enormously frustrated by the lack of respect for their rights and interests, have been unwilling to tolerate the trespasses included in C-38 and C-45.

First Nations, mythologically and traditionally, have always lived close to nature. It is the foundation of their history, culture, security prosperity and future. So they duly interpreted the wholesale relaxation of regulations in the Fisheries Act, the Navigable Waters Protection Act, the Environmental Assessment Act, the National Energy Board Act and the Indian Act as assaults on their interests. These measures also violated Section 35 of Canada’s Constitution Act (Island Tides, Jan. 17/13). The pending investment agreement with China, FIPA, and a proposed free trade agreement with Europe, CETA, also challenge First Nations’ rights. Their response was “Idle No More”, a diverse and amorphous uprising against an authoritarian government that failed to consult with them — just as it failed to consult with parliament.

The Idle No More activists are correct in claiming that their protests are not just for themselves but for all Canadians. The omnibus measures in C-38 and C-45 that show a contemptuous and autocratic disregard for legally binding treaty obligations parallel the Prime Minister’s disregard for Canada’s democratic and parliamentary traditions, a matter that should be of concern to every citizen of this country.

The Idle No More movement is so diverse and amorphous that it will be difficult to control by the Prime Minister and his powerful PMO. Such a vague and unfocused opponent will be an elusive target for Stephen Harper’s vindictiveness. A restless and evolving movement with a wide range of demands will be impossible to manipulate with his secretive strategies. So Stephen Harper’s suspicious nature will be forced to confront a dilemma of his own making. Charisma is not going to solve this problem. And if frustration should activate the morose streak in his character, he can stew in it until the end of First Nations’ patience — which could be a very long time.

Fractured Land crowd funding campaign hits target!

January 19, 2013Energy and Resources, First Nations, Fracking, Media, Oil&GasDamien Gillis

Following a last-minute outpouring of support from around the world, the crowd funding drive for Fractured Land achieved and surpassed its target late yesterday. The campaign surged past its $50,000 goal around 6 pm January 18, finishing with $52,520 by the midnight deadline. Remarkably, close to two thirds of those funds came within the final 3 days of the campaign.

Fractured Land, a feature documentary film-in-production, co-directed by Vancouver filmmaker Fiona Rayher and myself, examines our key energy challenges through the eyes of a compelling, young First Nations law student from northeast BC. In a recent Globe and Mail story, reporter Mark Hume described Caleb Behn as “one of B.C.’s bright, emerging native political leaders”, working to “move the debate over oil and gas development away from the confrontational front lines and into the living rooms of the nation.”

At a time when conventional funding sources for documentary films are drying up, crowd funding has become an important new tool filmmakers can leverage to make their projects happen. As we learned through this process, running a successful campaign is a team effort – and demands a significant commitment of time and resources. Our team included talented designers, organizers, and hardworking volunteers, led by our digital media strategist Hilary Henegar.

Crowd funding is not only a valuable fundraising tool, but an ideal way to build an audience for a forthcoming film, as well as a strong social media presence. Our campaign was successful in both regards – the weekly reach of our relatively new facebook page climbed to a quarter of a million people (a thousand-fold increase from just a few months ago!) and garnered close to 2,500 page “likes”, mostly in the past few weeks. We’ve received hundreds of questions about when the film will be finished and how people can see it (answer: likely early Fall, via film festivals, public screenings and broadcast television).

The campaign undoubtedly benefited from all the tweets we received from eco-celebrities – actor and fracking critic Mark Ruffalo, Gasland director Josh Fox, author and activist Naomi Klein, 350.org founder Bill McKibben, and socially-engaged Canadian pop star Bif Naked. We were also helped by Occupy Wall Street’s twitter feed and the official Idle No More facebook page. National Geographic explorer-in-residence Wade Davis, who appears in the film along with a number of the above people, donated 40 copies of his Sacred Headwaters book to the cause, which crowd funding donors snapped up.

We’re beyond the era of slaving away behind the scenes for a few years and coming out with a completed documentary. Our team is actively building a “transmedia” project around the film. That means that our social media tools, website, youtube channel, etc. become a forum to engage the public in a discussion about our energy future and how Indigenous and non-Indigenous peoples can work together to heal historical fractures and confront our key challenges going forward.

So you don’t need to wait until the Fall to be a part of Fractured Land. Building on the social media presence and audience we’ve built for the project during the crowd funding campaign, we’re now very well positioned to continue growing this dialogue, starting immediately.

The campaign also provided the media a reason to discuss the project and issues it deals with. We had a number of good stories in the Globe and Mail, Huffington Post Canada, Vancouver Observer and Yukon News – each of which spotlighted fracking and larger, inter-related energy and Indigenous issues. Interestingly, we were able to do what we did largely through online media – with the exception of Mark Hume’s Globe and Mail story (which has a significant online presence beyond its traditional print reach), the coverage and traction we received derived almost entirely from the Internet.

While our team certainly believed in what we were doing and very much so in the film, it’s fair to say we were all pleasantly surprised and deeply humbled to exceed our target. This past week required a full court press and it was very rewarding to see everything click into place on the final day.

Sometime Friday afternoon we began to realize that we just might pull it off. There was a genuine excitement amongst our supporters, rooting us on, demonstrating how invested they felt in our success and in helping to share Caleb’s story with the world. In the end, that’s probably the mark of a good crowd funding campaign – when your supporters become a part of your team.

There are a number of possible reasons for this last-minute rally. It could be interest in fracking, the ramp up to the BC election, Idle No More and indigenous politics stoking the national interest in these matters. We also released a new trailer this week, which we would have and should have done sooner, but for the fact we’re also busy trying to shoot this film and document all the events and people and stories going on right now that pertain to it.

Our eventual success was likely a combination of all these factors gelling together at the right moment.

Besides being incredibly heartened by this vital support for our film – and knowing that we now have what we need to finish it well – I’m happy to see that these issues are becoming interesting to a broader public. I’m pleased to know this film has the possibility of being commercially successful and seen by a lot of people. I’m also thrilled to see how this crowd funding medium can really work.

It’s been a huge learning curve and a lot of work – more then we were honestly able to commit while being full throttle chasing our story and finishing shooting the film. So to see it all come together is a very nice feeling.

I also believe it’s a testament to Caleb and the fact that he is such an inspiring, young leader, to whom so many people can clearly relate.

Our whole team is incredibly thankful to everyone who has supported our campaign. We are building a platform to engage these issues on a much larger stage and we hope you will join us there – and come see the film when it’s finished. Stay tuned!

New Fractured Land Trailer, Crowd Funding Campaign Enters Final Stretch

January 17, 2013Energy and Resources, First Nations, Fracking, UncategorizedCommon Sense Canadian

In addition to my work documenting resource issues at the Common Sense Canadian, for the past two years I’ve been privileged to co-direct a forthcoming documentary film, Fractured Land, which examines our key energy challenges through the eyes of a compelling, young First Nations law student from northeast BC. In a recent Globe and Mail story, reporter Mark Hume described Caleb Behn as “one of B.C.’s bright, emerging native political leaders”, working to “move the debate over oil and gas development away from the confrontational front lines and into the living rooms of the nation.”

For the past month our team has been running a crowd funding campaign, offering the public an opportunity to support the film, in exchange for some great rewards. Now, in the final stretch of this funding drive, we’re proud to unveil our new trailer for Fractured Land – featuring Naomi Klein, Wade Davis, Bill McKibben, Josh Fox, Maude Barlow, Tom Mulcair, Oscar Dennis and Chief Sharleen Wildeman. We hope you’ll consider supporting our film and help share Caleb’s inspiring story with the world.

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Rafe Mair: Why BC’s First Nations should refuse Harper meetings…for now

January 15, 2013Canada, First Nations, PoliticsRafe Mair

I do not pretend for a second to know what is on the mind of First Nations leaders who have been skeptical of “Crown-First Nations” meetings such as took place this past Friday and the follow-ups currently being scheduled. Leaders like Union of BC Indian Chiefs’ Grand Chief Sewart Phillip and chiefs from Manitoba, Ontario and some from Saskatchewan have chosen to sit this latest round of talks out. Nor do I know what would change their minds on attending future conferences.

I do pretend to know something about politics.

National Assembly (AFN) Chief Shawn Atleo is a controversial political leader and how else could it be? His Assembly is supposed to represent First Nations throughout the nation. He doesn’t in real life and that is to be expected. His leadership is constantly in question – particularly from members of the “grassroots” Idle No More movement. This pressure has apparently taken its toll, as following Friday’s meeting, Atleo announced he was going on a “brief” sick leave.

On the other hand, while Stephen Harper doesn’t have every Canadian behind him, by reason of our “first past the post” system, he is a dictator so long as he is Prime Minister. Right from the get-go that makes conferences between the two parties difficult unto impossible.

The concerns of each band of First Nations not only are inconsistent with one another, how could that be otherwise?

Here are some facts:

Total Aboriginal population of BC: Approximately 200,000
Total number of Indian bands in BC: Approximately 200
Total number of eligible B.C. First Nations/Indian bands in the treaty process: 116

To complicate matters, most nations or regions have unique languages and dialects.

At the root of claims is land and these claims differ from band to band within BC, let alone within the country. Some land claims have been disposed of by treaty (often unfairly), while in BC, the vast majority are not under treaty and are subject to land claims being dealt with at a glacial pace. Moreover, many First Nations want nothing to do with the process.

The situation reminds one of Israel, where an Israeli government can claim it wants to settle borders with Palestinians yet continues to build on land which is part of the pre-1967 land owned by Palestinians. With First Nations, the BC and Canadian governments are permitting development of Indian land without a by-your-leave.

Again, while I have no insight into all the considerations of BC First Nations, let me tell you what I would feel if I was in Grand Chief Phillip’s mind or that of any BC chief’s position.

I would refuse to deal with Federal Minister for Indian and Northern Affairs and Northern Development John Duncan, who has consistently supported salmon farms, which many coastal First Nations vehemently oppose. His presence is like the red flag to the bull.

I would refuse any part of a meeting with the Feds until that part of the past budget that took away from protection of fish habitat is repealed.

There would be no parley until both the provincial and federal governments stopped approving of fish farms and mandated a removal to land of all existing farms.

I would demand both levels of governments respect the clearly stated position of Treaty 8 First Nations in northeast BC, who oppose Site C dam based on their treaty rights.

Similarly I would demand an immediate moratorium of all proposed pipelines until all Native claims are settled and I would demand that all tanker traffic – be it from Prince Rupert, Kitimat or Vancouver Harbour – be banned by legislation.

I would require that the recommendations of the Cohen Commission Report put in place immediately.

Finally, I would require any environmentally objectionable project be put to local residents as to the need for them in the first place and that this be done before any environmental hearings take place.

These gestures and actions would be a condition precedent to any parley with the feds.

Why would any BC Chief be bound to accept any resolutions unless they are consistent with their needs, desires and historical claims?

The meeting which was just held and is supposed to reconvene seeks to find a one-size-fits-all, whether specifically or in principle. Why should Grand Chief Phillip, who has a mandate to deal with BC matters, accept a conference which by its nature seeks solutions on a one-size-fits-all basis?

It’s not parochial to point out that decisions will cater to larger populations with the powers of persuasion they possess.

Given the obvious lack of interest by the Harper and Clark governments in the basic concerns of BC First Nations, it would be folly for local leaders to enter a process in which they have little to gain and a great deal to lose.

Fort Nelson First Nation to Discuss Massive Shale Gas Water Licenses Nov. 13 in Vancouver

November 10, 2012Energy and Resources, First Nations, Fracking, Oil&Gas, WATERfracking, Oil and gas, Water and EnergyDamien Gillis

Leaders of Fort Nelson First Nation from northeast BC are coming to Vancouver to share their concerns over 20 new long-term water withdrawal licenses the BC Liberal Government is considering issuing for shale gas operations in their traditional territory.

One such license alone – for which natural gas giant Encana is expecting imminent approval – would enable the company to dam and divert up to 3 BILLION litres a year of fresh water from the Fort Nelson River, which is described by elders as the lifeblood of their territory and identified by the community as a cultural protection zone. Under the current Water Act, withdrawal licenses are valid for up to 40 years.

“We are extremely concerned about a massive giveaway of water from our rivers and lakes, without any credible process identifying what the long-term impacts will be on our land, our families and on our community” says Fort Nelson First Nation Chief, Sharleen Wildeman. The chief will lead a 10-person delegation of council members, elders and band staff to Vancouver Tuesday Nov. 13 to take their concerns to the media and public.

The public is invited to attend a town hall dialogue featuring Chief, Council and community members from Fort Nelson First Nation – Tuesday evening at the Mount Pleasant Neighbourhood House (800 E. Broadway). Doors open at 6:30 – event runs from 7-9:30 pm.

The evening, which is co-hosted by Council of Canadians and the Wilderness Committee, will also feature a presentation by leading independent water and energy expert Ben Parfitt of the Canadian Centre for Policy Alternatives.

Encana’s license application, which would involve constructing a 20-metre concrete barrier across the river, is just one of 20 similar applications throughout the region, which could ultimately represent over a trillion litres of fresh water being diverted to shale gas production in the long-term. According to community representatives, “The water will be permanently withdrawn and mixed with highly toxic chemicals for shale gas extraction. Ultimately the majority of the water will be disposed of via ‘deep oilfield injection’.”

They also point out that Fort Nelson First Nation has worked for years with the natural gas industry and government to provide economic opportunities for it members and the entire province through responsible resource development. But the plan to issue these water licenses has forced the community to draw a line in the sand. After pursuing every other avenue available to it – including repeated efforts to reach out to the Province, which have gone ignored – the community feels it must now appeal to the public for support to put a stop to this plan and ensure the public and First Nations are properly consulted in the development of a responsible water management plan.

They insist that plan must include a comprehensive suite of safeguards for water – such as adequate baseline studies, multi-year development plans submitted by industry, environmental and industry monitoring, cumulative impacts assessment, and the ability to designate culturally significant land and water resources as off-limits to development.

To learn more on this important topic and find out how you can get involved, come be a part of the discussion with Fort Nelson First Nation and independent water and energy experts this Tuesday evening at Mount Pleasant Neighbourhood House.