More than a dozen First Nations groups along the proposed Northern Gateway pipeline route have come out strongly against the project as the review process draws to a close.
Their concerns are varied, but the 13 First Nations groups who submitted final arguments were all in agreement that the project had the potential to hamper their traditional way of life and should not be built.
Among the reasons the groups cited while requesting the National Energy Board's Joint Review Panel reject the pipeline from northern Alberta to Kitimat was lack of adequate consultation, the impact of pipeline construction on the environment, the consequences of a possible oil spill either on land or in the ocean and the quality of the answers Northern Gateway provided throughout the process to date.
The Wet'suwet'en, whose traditional lands are located west of Burns Lake along the Bulkley River drainage area, said the company behind the $6.5 billion project failed to adequately understand their way of life.
"When describing its dealings with the Wet'suwet'en and asserting its conclusions specifically in regard to the Wet'suwet'en people and territory, Enbridge provided the panel with speculation and generalities about Aboriginal societies, economies and cultures, and next to nothing about what makes Wet'suwet'en territory, society, economy, culture and even current use distinctively Wet'suwet'en rather than fictitiously Pan-Indian," the Wet'suwet'en wrote in its filing.
The Wet'suwet'en also expressed concerns about fish habitat, the threat of acid rock drainage from material removed during tunnel construction and the threat landslides pose to the pipeline's safety.
"From the Wet'suwet'en perspective Enbridge's claims that the risk can be managed, that there will be no net loss of fish habitat, and that there will be no significant impacts for the Wet'suwet'en all stretch credulity to the extreme," the group wrote. "For the Wet'suwet'en there is simply too much at stake and too much to lose."
Getting Aboriginal groups onside is a critical step for Northern Gateway. Not only is proper consultation with First Nations one of the five conditions the province of B.C. has set out as a minimum requirement, there is legal precedent requiring First Nations rights and title to be respected.
Some other First Nations groups, including the Carrier Sekani Tribal Council, chose to boycott the formal environmental review process. Carrier Sekani Chief Terry Teegee said his group could go to court to try to stop the pipeline project, if it's approved.
The Haisla Nation, located along the north coast including the region surrounding the proposed pipeline terminus at Kitimat, were among the most active groups during the questioning phase of the process, yet they weren't satisfied with the quality of answers given. In their final argument, the Haisla accused Northern Gateway witnesses of being unhelpful by providing incomplete responses or self-serving answers.
"In numerous instances, [Northern Gateway] experts answered oral questions in a manner that was unhelpful to the panel or the interveners seeking to test the evidence," the group wrote.
"The panel ought to take this into consideration when ascribing weight or assessing the reliability of evidence."
The Gitxaala, also located along the north coast, expressed concerns that the increase in tanker traffic expected as the oilsands products are shipped to Asian markets.
"Jeanette Moody said that vessels passing through Gitxaala territory where Spanaxnox, or supernatural beings, are identified to exist is disrespectful to the Spanaxnox.," the Gitxaala wrote, citing testimony from members of their community. "Elmer Moody agreed that it was disrespectful and explained that there are consequences for disrespecting the Spanaxnox. He explained that Spanaxnox control the resources that Gitxaala depend on, and that they will not differentiate as to who has harmed a particular resource because everyone has a responsibility.
"Elmer Moody and Jeanette Moody fear that disrespecting the Spanaxnox could result in a withdrawal of Gitxaala's resources."
Final oral arguments begin on June 17 in Terrace.
