ABORIGINAL ‘AWAKENING’
Rift grows between Indigenous communities and activists over natural resources in B.C.
With his long flowing hair, stoic expression and tribal garb, Martin Louie, the hereditary chief of the Nadleh Whut’en First Nation in north-central British Columbia, didn’t just look the part of an aggrieved leader in the epic fight against the Northern Gateway oilsands pipeline.
He was quoted in the campaign’s news releases, filed complaints to the United Nations and spoke defiantly to investors. Environmental group Stand. earth even described him as the “poster boy” for Indigenous opposition to Enbridge Inc.’s pipeline.
The $7-billion pipeline was eventually cancelled last year, but Louie didn’t actually want to sink the project. Lost in the heat of the public battle was that he really just wanted to win more money for his impoverished community than the “ridiculous” $70,000 a year being offered by the company.
Louie’s experience is indicative of a widening rift between Indigenous communities and activists over natural resources, particularly in British Columbia, the focal point of major green campaigns generously funded by U.S. interests to thwart oil and gas exports.
The campaigns consistently portray a united Indigenous antidevelopment front and allies of the green movement, but some Indigenous leaders are becoming alarmed that they could be permanently frozen out of the mainstream economy if resource projects don’t go ahead.
In interviews they said they’ve had enough of activists invading their lands, misleading them about their agendas, recruiting token members to front their causes, sowing mistrust and conflict, and using hard-line tactics against those who don’t agree.
“The best way to describe it is eco-colonialism,” said Ken Brown, a former chief of the Klahoose First Nation in southwestern B.C. “You are seeing a very pervasive awakening among these First Nations leaders about what is going on in the environmental community.”
For instance, Louie is now one of the leaders of the proposed $17-billion Eagle Spirit pipeline, a Northern Gateway alternative championed by First Nations.
“When I went after Enbridge we were trying to gain more benefits for major projects going through our country,” he said.
Word soon got out about his differences with Enbridge and he was approached by a handful of lawyers representing green organizations who promised him assistance and funding, Louie recalled. Their partnership ended bitterly because the two sides had conflicting objectives. He wanted better benefits; the activists wanted the project to fail.
The eventual failure of Northern Gateway was just one of a series of tipping points in recent months that worry some Indigenous leaders. There was also the demise of Pacific North-West LNG and Aurora LNG, as well as the continuing challenges faced by the Trans Mountain pipeline expansion and other proposed LNG projects. These cancellations and obstacles are celebrated by activists, but also wiped out jobs and revenue for First Nations.
Eagle Spirit also faces difficulties. Led by Indigenous lawyer Calvin Helin and supported by First Nations along the proposed route through northern B.C., the project will collapse if the federal government goes ahead with a tanker ban that is making its way through Parliament. The ban is related to the Great Bear Rainforest, which was created by the B.C. government last year to conserve a big part of the province’s northern and central coast.
Both initiatives are seen by greens as big achievements, but are disputed by First Nations such as the Lax Kw’alaams, who said they were advanced without proper consultation and prevent their members from making a living.
Brown’s experience with environmental activism started about a decade ago, when he was chief of his tribe and supported two runof-river hydro projects.
The projects were attacked by groups such as Save Our Rivers and Western Canada Wilderness Committee for being harmful to fish habitat, and Brown’s band was criticized for being “sellouts and socially irresponsible people looking for the quick buck,” he said.
“What an onslaught it was. There was a high level of participation from people who had never been to the region … and they were all conveying the same narrative: ‘The sky is falling, keep your blood money, corporations are evil’.”
Brown, who now runs a consulting company, said similar tactics are used against other projects, too.
Environmental organizations and Indigenous communities in recent years have found common cause in opposing some projects and in fighting the impacts of capitalism on the environment, said Dwight Newman, Canada research chair in Indigenous rights at the University of Saskatchewan. A big reason is that Indigenous people have unique legal rights and by working with them, green groups are better able to block developments than if they relied on environmental grounds alone, he said.
Section 35 of Canada’s Constitution states the Crown has a duty to consult with First Nations, Inuit and Métis communities and, where it anticipates adverse impacts, to accommodate to the extent reasonably possible.
So far, the law has been used against development, but one of the unknowns is whether Indigenous communities will use it to pursue economic development and override the environmental laws that block projects such as Eagle Spirit, Newman said.
“At some point, these arguments will end up in the courts, either directly as rights claims or as claims that there ought to have been consultation on potential effects on such rights,” Newman said in an article for the Macdonald-Laurier Institute, where he is a senior fellow. “And the very presence of these arguments will overturn the expectations of many who think they have liberal views, but actually have ongoing paternalistic views that assume First Nations always need protection from development.”
Many conservation campaigns rely on U.S. funds because there is more money available there due to tax laws and an abundance of wealthy philanthropists.
Vancouver-based researcher and blogger Vivian Krause has tallied the large sums poured by U.S. groups to fight pipelines and gas projects in Canada by analyzing tax filings. The biggest funder has been the Gordon and Betty Moore Foundation, which has granted more than $190 million to First Nations, environmental and other organizations working in B.C., Krause said.
“These American interests are trying to stop these projects any way they can, and one of the best ways is by leveraging the constitutional rights of First Nations in the courts,” Krause said.
Krause, a former United Nations worker, said she pursued the research because of pleas for help from Indigenous leaders “who want jobs and social and economic prosperity (and) are sick and tired of what they call the paid protesters.”
One of those leaders is Gary Alexcee, a hereditary chief of the Nisga’a Nation near Alaska, and a member of Eagle Spirit’s Chiefs Council. He’s disappointed the federal government is giving more weight to environmentalists than to the needs of Indigenous communities.
“We were totally taken aback and surprised by the announcement of this tanker ban because of the government’s statement that they were going to include First Nations,” he said. “No one got consulted.”
Eagle Spirit, which would run from Bruderheim, Alta., through northern B.C., to Grassy Point, B.C., just south of Prince Rupert, would create jobs and opportunities “that people never had” in a region where other industries such as fishing, forestry and ecotourism are doing badly, said Alexcee.
Alexcee, 70, said many in his community don’t support green campaigns. He said activists have come to the region in big numbers and picked “token” members to advance their causes.
Stand.earth brags on its website that it has delayed or stopped 21 “dirty oil pipelines and train projects.” But it relied on Will George, a member of the Tsleil-Waututh First Nation, to confront Kinder Morgan Canada chief executive Ian Anderson at a recent Vancouver Board of Trade event promoting the $7.4-billion expansion of the Trans Mountain pipeline.
“It’s really Indigenous nations protecting their land that allows us to win these fights,” said Stand. earth campaigner Hailey Zacks, noting 150 First Nations in Canada and the U.S. are opposed to the project.
For its part, Kinder Morgan said 42 directly effected Indigenous communities are supportive of the pipeline expansion and have signed benefits agreements.
Zacks couldn’t speak to that, but said, “What I do know is that the communities that I work with are willing to do whatever it takes to stop it.”
At some point, these arguments will end up in the courts, either directly as rights claims or as claims that there ought to have been consultation on potential effects on such rights.