Health concerns behind lawsuit
Action against Husky an attempt to make governments listen: James Smith chief
The chief of a Saskatchewan First Nation says he filed a lawsuit against the provincial and federal governments as a last-ditch effort to raise concerns about the possible long-term health and environmental effects of a pipeline spill that dumped 225,000 litres of crude near and into the North Saskatchewan River last summer.
Oil from the ruptured Husky Energy Inc. pipeline had a “devastating impact” on the river and the lives of people who rely on it, and both levels of government responded in a “secretive, oppressive and high-handed manner,” according to the statement of claim James Smith Cree Nation Chief Wallace Burns filed last week on behalf of the First Nation.
“Our voice needs to be heard and the truth has to come out,” Burns said of his decision to file the claim seeking a declaration from both levels of government that the spill and its effects infringed James Smith Cree Nation’s treaty rights, plus “equitable compensation” for those infringements.
A provincial Ministry of Environment spokesman said last week that there “doesn’t appear to be” any long-term risk associated with the spill. That differs from the conclusion drawn by Ricardo Segovia, an independent hydrogeologist who studied the spill and later said, “This can cause spikes in cancer later on, so you are talking about life and death.”
Burns said he is similarly concerned about James Smith Cree Nation members — whose land near Melfort is bisected by the river — developing cancers and other diseases in the years to come. Despite efforts to recover the spilled crude, around 15,000 litres remain unaccounted for. Burns said he suspects most of it ended up in sediments on the river bed.
“James Smith has absolutely every right to be outraged; they have every right to assert their jurisdiction and authority in terms of protecting the water for the future generations,” said activist and author Sylvia McAdam, who cofounded Idle No More and helped commission Segovia to study the effects of the spill after deeming official reports “problematic.”
The Husky spill is merely the latest example of Canadian governments treating Indigenous groups as “stakeholders” and “impacted” groups rather than respecting not just the nation-to-nation relationship outlined in treaties signed with the British Crown, but also traditional laws intended to protect the environment in perpetuity, McAdam said.
The provincial government declined an interview request on Tuesday. A government spokeswoman said in an email its position has not changed since the Ministry of Justice told the Saskatoon StarPhoenix last week: “In anticipation of future court proceedings, it would be inappropriate to comment further on this matter.”
Environment and Climate Change Canada (ECCC) spokeswoman Amelie Desmarais said in an email that its investigation is ongoing and, “as such it would be inappropriate to provide further information at this time.”
In addition to the possibility of charges under the federal Fisheries Act, which carry a maximum penalty of $500,000, the Calgary-based company could also be charged under Saskatchewan’s environmental protection legislation. On March 23, the provincial government turned its file over to prosecutors, who will determine if charges are warranted.
Husky, which attributed the spill to ground movement causing the pipe to buckle, has spent $107 million on cleanup. The Calgary-based company is working to apply the lessons it learned from the incident, especially about slope stability, to its other operations, its chief executive said on a conference call last week.
Burns said while the Husky spill and its aftermath demonstrated that provincial and federal authorities “don’t know how to deal with us,” he would be open to meeting with them in the hopes of repairing relations. Communication could go a long way toward making sure the river and surrounding area is preserved, he added.