The Sierra Club of B.C. and RAVEN Trust have launched a fundraising campaign to support First Nations' legal challenges against the proposed Enbridge Northern Gateway Pipeline.
The Pull Together campaign is raising funds to support the First Nations which are challenging the constitutionality of the federal government's June 17 decision in favour of the proposed dual oil/condensate pipeline.
RAVEN Trust executive director Susan Smitten said the campaign started after they were contacted by several community groups that wanted to support the First Nations' legal challenges, but didn't know how to go about it.
"It's a fundraising effort we hope will go national, maybe international, and all funds will be evenly divided among the First Nations," Smitten said. "My understanding is the federal court will review all the cases together. The initial court date is for October, but the actual hearings are not likely to be until 2015 -early 2015."
According to information released by West Coast Environmental Law, eight First Nations -Nadleh Whut'en First Nation, Nak'azdli First Nation, Haisla Nation, Gitxaala Nation, Gitga'at Nation, Heiltsuk Tribal Council, Kitasoo/Xai'xais Nation and the Council of the Haida Nation - have filed cases with the Federal Court of Appeal, seeking permission for a judicial review. Currently the Gitxaala, Heiltsuk, Kitasoo/Xai'xais, Nadleh Whut'en and Nak'azdli have signed agreements with Pull Together to receive funds, but the group is open to provide funding to additional First Nations.
Three other legal challenges against the decision were filed before the July 14 cutoff, two by environmental groups and one by Unifor, Canada's largest private-sector union. Nine other legal challenges have been launched against the National Energy Board's joint review panel process and final report.
Sierra Club campaign director Caitlyn Vernon said the legal costs for a single First Nation involved in a judicial review "could be in the range of $100,000" -a heavy burden for small First Nations to bear.
"Our initial target for fundraising is $125,000, but we know these legal challenges will cost much more than that," Vernon said. "It's an opportunity for B.C. communities to pull together to oppose these projects. They [First Nations] are standing up for our common future."
Community groups in Terrace and Smithers have already raised approximately $15,000 for the fund, Vernon said, and community groups from Prince George to Haida Gwaii have committed to hold fundraising events.
In Prince George, the Sea to Sands Conservation Alliance is planning a fundraising event, Vernon said, however a spokesperson for the organization could not be reached for comment.
Chief Martin Louie, of the Nadleh Whut'en First Nation located in the Fort Fraser area, said he's confident the Pulling Together initiative will provide some meaningful financial support for their legal battle.
"We're already getting a lot of support from a lot of people. I don't think it will be an issue taking it all the way, as far as they -the federal government - want to go," Louie said. "It's quite expensive, really. But we all knew that and with all the First Nations backing us I think we can do it. These are things we have to do as First Nations, try to protect the land."
The First Nations' legal challenges are primarily based on the issue of consultation, and whether the federal government met its legal obligation to consult and accommodate affected First Nations - especially in light of a recent ruling by the Supreme Court of Canada in favour of the Tsilhqot'in First Nation.
Chief Marilyn Slett, of the Heiltsuk Nation from the Bella Bella area, said Heiltsuk's feedback to the joint review panel was not reflected in the final report or federal government decision.
"Heiltsuk has been very clear on this pipeline project from the very beginning," Slett said. "Our judicial review [application is based on] the federal government failed to consult honourably with the Heiltsuk. We're standing strong, to project our coastal way of life."
In addition to the financial support from Pull Together, Slett said the initiative "also strengthens us as a nation to know we are standing in solidarity."
"We're really clear that this is not going to be happening on the coast in our... pristine waters," she said.
For more information about the Pull Together initiative, go online to www.pull-together.ca.
ENBRIDGE RESPONSE
Enbridge Northern Gateway spokesperson Ivan Giesbrecht said the legal challenges were not unexpected.
"Our legal team is currently reviewing these files to determine the basis and strength of the arguments in these filings," Giesbrecht said in an email. "What we do already know is that some are challenging the validity of the JRP [joint review panel] process. In response to this argument, we remain confident in the rigour and thoroughness of the joint review panel process. It's careful examination of the Northern Gateway project was one of the most exhaustive of its kind in our country's history."
The joint review panel reviewed thousands of pages of evidence and heard hundreds of hours of testimony from expert witnesses, Giesbrecht said.
First Nations were given the opportunity to participate in the process and present their concerns to the panel, he said.
"This is a process that is very democratic, very transparent and very robust," he said. "[And] Northern Gateway remains committed to ongoing, respectful dialogue with British Columbians, sharing information, and addressing concerns."
