Legal Battle with First Nations Could Tie-Up Enbridge Pipeline For Decades

Remember that wake-up call we talked about for the financial and oil & gas communities about "the wall" of First Nations opposition facing the proposed Enbridge Northern Gateway Pipeline? Well, this is it. Excerpts from "First nations dig in against Enbridge pipeline," by Carrie Tait and Nathan Vanderklippe, The Globe and Mail, May 13, 2011:

"...as the demonstration carried on, Jim Prentice, the former federal minister of Indian Affairs and Northern Development, was inside a hotel across the street, warning after a speech that those drums pack a powerful beat. In fact, first nations opponents, he said, wield substantial power over projects such as Enbridge’s proposed $5.5-billion Northern Gateway pipeline, the biggest in its history.

Legal experts go even further. The people banging those drums [First Nations], some argue, have the constitutional clout to put up insurmountable obstacles for the proposed Northern Gateway – namely, a messy legal debate around unsettled land claims along the route that will likely be decided by the Supreme Court of Canada."

...

"Observers have drawn comparisons with the Mackenzie Valley natural gas pipeline, which was first proposed in the 1970s, again with northern first nations presiding over unsettled claims...Today,almost 40 years after the now $16-billion pipeline was proposed, a large segment of the natural gas industry believes the project, led by Imperial Oil, won’t be built because it no longer makes financial sense given the vast quantities of gas that have since been discovered in places like British Columbia and Texas."

...

"'There’s ammunition on the first nations side that allows them to wage a very long struggle,' said Gordon Christie, an associate professor of law at the University of British Columbia who specializes in first nations legal issues."

...

When it comes to opposing projects that would make climate change worse and put communities at risk of oil spills, especially in British Columbia, the smart money is on supporting First Nations empowerment.

Enbridge Pipeline Faces Prospect of Civil Disobedience; 500-Strong Crowd Rallies Outside Northern BC Municipalities Convention in Prince Rupert

"I will put my body in front of it." - Gerald Amos, councillor, Haisla Nation PRINCE RUPERT, BRITISH COLUMBIA--(Marketwire - May 13, 2011) - Over 500 First Nations and concerned citizens from across Northwest B.C. gathered in Prince Rupert last night for a rally against Enbridge and its plan for pipelines and oil tanker traffic on the province's North Coast.

The rally and march, which come less than 24 hours after major protests against Enbridge at its AGM in Calgary, coincided with the annual convention of the North Central Local Government Association (NCLGA), a regional organization made up of town councils from across northern B.C.

"I made a promise to our youth that if Enbridge gets to the point at which it is bringing in the bulldozers, I will put my body in front of it," said Gerald Amos, a councillor with the Haisla Nation. "How many of you will join me?" More than half the people in the crowd raised their hands.

Members of the Tsimshian, Kitkatla, Haisla, Haida, Heiltsuk, Saikuz, Nadleh Whut'en, and Wet'suwet'en First Nations travelled to Prince Rupert to join the rally, showing the unity of BC First Nations from along the proposed pipeline and oil tanker route.

"There is a better way. Do not let this dangerous experiment ruin our only hope," said a member of a delegation of Heiltsuk youth from Bella Bella.

Joy Thorkelson of the United Fishermen and Allied Workers Union noted that northern alliances have stopped three previous proposals to bring oil development to B.C.'s North Coast, and told the crowd that they would win against Enbridge too.

In addition to the First Nations leaders present, Member of Parliament, Nathan Cullen, MLAs Gary Coons and Robin Austin and Prince Rupert Mayor Jack Mussallem addressed the crowd.

The Enbridge Northern Gateway Pipeline would carry crude oil from the Alberta tar sands to Kitimat, and bring 225 crude oil tankers per year to B.C.'s northern inside waters.

Enbridge has invested heavily in influencing northern town councils. It is a platinum-level sponsor of the NCLGA convention, and has hired former Prince George mayor Colin Kinsley to lobby municipal leaders. Kevin Brown, a PR consultant from Prince George who is the Master of Ceremonies at the convention, also works for Enbridge doing municipal government relations.

"They can buy all the wine and cheese for municipal councillors they want, but they won't be able to buy the hearts and minds of the people of the Northwest," MP Nathan Cullen told the crowd. "Say no to Enbridge, and say yes to a future that is our future."

Led by First Nations drummers wearing traditional regalia and chanting, the crowd of hundreds took its message to the front door of Chances Casino, where NCLGA delegates were attending a banquet.

"With the diversity of people standing together, and the strength of opposition, it is clear that the people of this region will not let this project go ahead," said Jennifer Rice with Friends of Wild Salmon."

Broadcast quality video and photos available for download at: http://friendsofwildsalmon.ca.

Contact information:

Jennifer Rice, Friends of Wild Salmon, 250-600-2455 Gerald Amos, Councillor, Haisla Nation, 250-632-1521

Media Summary: First Nations Bring Pipeline Opposition to Calgary

Enbridge faces its critics The Canadian Press and Metro Calgary May 12, 2011 http://www.metronews.ca/calgary/local/article/858199–enbridge-faces-its-critics

First Nations stand ground Claudia Cattaneo Financial Post May 11, 2011 http://business.financialpost.com/2011/05/11/first-nations-stand-ground/ Enbridge faces off against critics to Northern Gateway pipeline Lauren Krugel The Canadian Press May 11, 2011 http://www.google.com/hostednews/canadianpress/article/ALeqM5hu7t17VzjYB9hd1BhXrYV393zMXw?docId=6816992

Enbridge looks overseas as Gateway faces protest Scott Haggett Reuters May 11, 2011 http://business.financialpost.com/2011/05/11/enbridge-profit-rises-on-oil-sands-throughput/

Enbridge looks to Asia as LNG export boom looms Nathan Vanderklippe The Globe and Mail May 11, 2011 http://www.theglobeandmail.com/globe-investor/enbridge-looks-to-asia-as-lng-export-boom-looms/article2017908/

First Nations group protests pipeline proposal CBC News May 11, 2011 http://www.cbc.ca/news/canada/edmonton/story/2011/05/11/calgary-protest-northern-gateway-aboriginal.html

First Nations protest expansion CTV Calgary May 11, 2011 http://calgary.ctv.ca/servlet/an/local/CTVNews/20110511/CGY_pipeline_protest_110511/20110511/?hub=CalgaryHome

Enbridge Hopeful B.C. Oil Pipeline Closer To Approval Edward Welsch Dow Jones Newswires May 11, 2011 http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=201105111245dowjonesdjonline000393&title=enbridge-hopeful-bcoil-pipeline-closer-to-approval

Native groups protest Enbridge pipeline Dina O'Meara The Vancouver Sun May 11, 2011 http://www.vancouversun.com/news/Native+groups+protest+Enbridge+pipeline/4766471/story.html

First Nations protest proposed pipeline CHQR AM770 May 11, 2011 http://www.am770chqr.com/News/Local/Story.aspx?ID=1416308

First Nations Hit Back Against Harper; Say Enbridge Northern Gateway Pipeline Will Be Stopped in Its Tracks

First Nations leaders and more than a hundred of their supporters are addressing local and national media in Calgary this morning about a new development in the fight against the proposed Enbridge Northern Gateway Pipeline.

In an unprecedented expression of solidarity, three Alberta First Nations, four BC First Nations, and a Manitoba First Nation with an existing Enbridge pipeline in its territory signed a solidarity statement yesterday, telling the Harper government and Enbridge that the proposed Northern Gateway pipeline project must not proceed unless each affected Nation gives its free, prior and informed consent.

Today's announcement kicks off a day of opposition against the Enbridge Northern Gateway Pipeline. Over 100 First Nations are planning to march on Enbridge's Headquarters in downtown Calgary, accompanied by traditional drummers and dancers carrying a banner reading, "No pipelines without consent."

Later in the afternoon, five First Nations will be speaking as proxy representatives inside the Enbridge AGM. Among them will be 10 year old Ta'Kaiya Blaney, who recently released a music video titled "Shallow Waters," challenging the short-sighted push for oil pipelines and tankers from the perspective of future generations.

The importance of these actions has been heightened by more oil spills in Canada, this time an Enbridge leak on its Norman Wells line in the Northwest Territories. The latest leak follows several other recent incidents that have hobbled pipelines in Canada, including the recently discovered 4.5 million litre crude oil spill near Little Buffalo in Alberta - the largest spill in Alberta in 35 years.

All of this, combined with Stephen Harper's post-election contention that a Conservative majority government will pave the way for pipelines and oil tankers off the coast of British Columbia, has hardened the resolve of First Nations to stop them. The Financial Post has an excellent story this morning, offering one of the most accurate pictures of the true nature of this opposition and how the oil and gas industry has misjudged it.

We've heard anecdotal reports from media that Enbridge has been telling investors and the oil & gas community that First Nations opposition is going to somehow be smoothed over, that it's not a big deal. Today's actions and other stories should begin to put to rest the dying idea that Enbridge doesn't have a "First Nations problem."

Today's story is a reminder of the growing influence of First Nations empowerment in opposing tar sands infrastructure development, and other high-risk, low-return resource extraction projects. At a time when the climate crisis is in full swing, we should all be thankful that First Nations are taking a strong stand against the Enbridge Northern Gateway Pipeline and other short-term unsustainable projects like it.

To conclude, I quote Peter Erickson, a hereditary chief of Nak'azdli First Nation:  "Harper says that the effort to stop this pipeline is aimed at harming Western Canada. That couldn't be further from the truth. We have a sacred obligation to protect our community and all of our neighbours from harm - Native and non-Native - from the inevitable oil spills."

We all have a sacred obligation to oppose the effort to bring tar sands crude to the West Coast of Canada.  No tankers. No pipelines.

Media Advisory - First Nations Unite In Calgary to Oppose Enbridge Northern Gateway Pipeline

CALGARY, ALBERTA--(Marketwire - May 10, 2011) -

What: Large gathering of First Nations to make announcement on proposed Enbridge Northern Gateway pipeline.
When: Wednesday, May 11, 2011 at 9:30 a.m.
Where: Kahanoff Conference Centre
1202 Centre Street Southeast (corner of 12 ave SE)
Calgary
Details: POWERFUL VISUALS - After the press conference, media are invited to join a First Nations march through downtown to Enbridge's Headquarters, before heading to Enbridge AGM where close to half-a-dozen First Nations will speak as proxy representatives.
Enbridge AGM is at 1:30pm at 333 4 Avenue SW.

For more information: Andrew Frank (media relations), 1-604-215-7875 or 1-604-367-2112 andrew@andrewfrank.ca

Enbridge Pipeline Opposition Targets Financial Backers

Yesterday's coverage also included a one minute segment on the Business News Network's "Commodities" show, hosted by Andy Bell.

Stop Enbridge funds: natives Herald News Services The Calgary Herald March 23, 2011 http://www.calgaryherald.com/business/Stop+Enbridge+funds+natives/4488234/story.html

Foes of Northern Gateway Pipeline target potential financial backers Terri Theodore The Canadian Press (The Globe & Mail, Toronto Star, CBC.ca, Metro Vancouver, Winnipeg Free Press, Oilweek, Brandon Sun, Tyee.ca, AM 770 and many others) March 22, 2011 http://www.cbc.ca/news/canada/british-columbia/story/2011/03/22/bc-enbridge-pipeline-first-nations-protest.html

First Nations target BMO AGM over Enbridge pipeline Claudia Cattaneo The National Post & Financial Post March 22, 2011 http://business.financialpost.com/2011/03/22/first-nations-target-bmo-agm-over-enbridge-pipeline/

BMO looks south, west for growth Derrick Penner Vancouver Sun March 22, 2011 http://www.vancouversun.com/looks+south+west+growth/4486333/story.html

First Nations call on BMO to withhold financing for Enbridge pipeline Business in Vancouver March 22, 2011 http://www.bivinteractive.com/index.php?option=com_content&task=view&id=3967&Itemid=46

First Nations groups protest Enbridge pipeline Carol Christian Fort McMurray Today March 22, 2011 http://www.fortmcmurraytoday.com/ArticleDisplay.aspx?e=3038643

First Nations Put Pressure on Bank Over Enbridge 250 News March 22, 2011 http://www.opinion250.com/blog/view/19715/3/first+nations+put+pressure+on+bank+over+enbridge

First Nation Chief Stands Her Ground Against Proposed Enbridge Oil Sands Pipeline

Incredible piece on Chief Jackie Thomas of the Saikuz First Nation and her deep opposition to Enbridge's proposed Northern Gateway Pipeline in the Financial Post today.

Congratulations to Claudia Cattaneo for writing such an in-depth piece and for bringing an important and often unheard voice to the public sphere.

Quotes are highlighted below.

Comparison to ill-fated Mackenzie pipeline which had fewer hurdles:

Her concerns are a measure of the challenges and complexities facing Northern Gateway: They range from the size and determination of the opposition, to the potential for legal challenges, to the risk of significant cost increases and delays to its ambitious schedule.

Indeed, the Mackenzie Valley gas pipeline, a comparable project in many respects that was approved by regulators in December after four decades of pushback, seems straight forward in comparison.

Legal risk in British Columbia where First Nations land is unceded:

“There are so many impacted nations who are resolutely opposed to this that the legal risk to this project cannot be overestimated,” Mr. Patterson (West Coast Environmental Law) said. “Any one of those nations, or a combination of them, can bring legal challenges to this process at any stage.”

Speculation that project could be pulled quickly if challenges appear insurmountable:

Whether that means it has a better chance of succeeding because proponents will do whatever it takes to push it through, including even greater incentives, or falls apart because the challenges are insurmountable, remains unclear.

Ms. Crossman knows one thing for sure: “The oil and gas industry can turn on a dime. If it isn’t going anywhere, they pull it and it’s gone.”

Media Summary: Lobbying for oil tankers by "lame-duck" premier hits a nerve in BC

"A wide-ranging coalition of environmental, business and fishery groups are furious at Premier Gordon Campbell’s “lame-duck” call to end the ban on oil tankers through B.C. waters." - Suzanne Fournier, The Province.

With television and radio interviews, as well as numerous print articles, it's clear that BC's tanker ban issue is still of great interest to provincal and national media and, presumably, British Columbians.

Gordon Campbell's last minute act of lobbying to repeal the federal oil tanker ban off the coast of Northern BC has been seen for what it was: A final farewell kiss to the fossil fuel industry that he subsidized for years without question, and a strident attack against the wishes of the majority of British Columbians who support a ban in BC's sensitive Northern coastal waters.

Summary of major print and online coverage:

Critics blast B.C. premier's letter to Harper to sink tanker bill Judith Lavoie Vancouver Sun, Calgary Herald, Edmonton Journal, Victoria Times Colonist & Montreal Gazette, Canada.com February 25, 2011 http://www.montrealgazette.com/business/Critics+blast+premier+letter+Harper+sink+tanker+bill/4343370/story.html

Anger as "lame-duck" premier Gordon Campbell calls for oil tankers in northern B.C. waters Suzanne Fournier The Province February 25, 2011 http://tinyurl.com/4lnharu

Campbell slammed for oil tanker support The Canadian Press & CBC February 24, 2011 http://www.cbc.ca/news/canada/british-columbia/story/2011/02/24/bc-campbell-pipeline-endorsement.html

Campbell attacked over oil tanker letter The Canadian Press Metro Newspapers (Toronto, Ottawa, Vancouver, Calgary, Halifax, Edmonton) February 24, 2011 http://www.metronews.ca/ottawa/life/article/784271--campbell-attacked-over-oil-tanker-letter

Critics blast B.C. premier's letter to Harper to sink tanker bill Judith Lavoie Victoria Times Colonist & Montreal Gazette February 25, 2011 http://www.montrealgazette.com/business/Critics+blast+premier+letter+Harper+sink+tanker+bill/4343370/story.html

Canada dependent on honesty of oil tanker industry Andrew Mayeda The Vancouver Sun February 24, 2011 http://www.vancouversun.com/news/Canada+dependent+honesty+tanker+industry/4241769/story.html

Tanker ban legislation to be introduced Kitimat Sentinel Feburary 25, 2011 http://www.bclocalnews.com/bc_north/northernsentinel/news/116617878.html

Oil tanker ban CKNW February 24, 2011 http://www.cknw.com/Channels/Reg/NewsLocal/Story.aspx?ID=1369790

Western Canada premiers want oil tanker ban removed Dan Burritt News 1130 February 24, 2011 http://www.news1130.com/news/local/article/188753--western-canada-premiers-want-oil-tanker-ban-removed

Premiers Pumping for Petroleum Sales in Asia Barbara Yaffe Vancouver Sun "Power Play" Blog February 24, 2011 http://communities.canada.com/vancouversun/blogs/powerplay/archive/2011/02/24/premiers-pumping-for-petroleum-sales-in-asia.aspx

Campbell Calls on PM to Strike Down Oil Tanker Ban HQPrinceGeorge.com February 24, 2011 http://hqprincegeorge.com/news/local/news/Local/11/02/24/Campbell-Calls-on-PM-to-Strike-Down-Oil-Tanker-Ban