Times Colonist

Oil spill underlines lack of commitment by feds: First Nation

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VANCOUVER — The federal government’s commitment to First Nations has been criticized in a report from a British Columbia First Nation after last year’s sinking of a tug in the waters off the renowned Great Bear Rainforest.

The Heiltsuk Tribal Council report Thursday found failures in Canada’s emergency response measures were evident within hours of the grounding of the Nathan E. Stewart on Oct. 13, 2016.

It examined the first 48 hours of the emergency, which began when the vessel pushing an empty barge missed at least one course change and hit rocks west of Bella Bella, causing a spill of more than 110,000 litres of diesel.

Heiltsuk Chief Marilyn Slett said the tribal council encountere­d a lack of co-operation from the government and the owner of the tug throughout the incident, forcing the First Nation to launch its own investigat­ion in order to answer questions from the community.

“The Heiltsuk undertook this investigat­ion in our territory as an act of defining who we are,” Slett said. “This whole process was never set up to include First Nations communitie­s, so right from the start we were not so much as an afterthoug­ht with the process that was being rolled out in our own traditiona­l territorie­s.”

The report said the Transporta­tion Safety Board and ship owner Kirby Corp. repeatedly rebuffed requests to provide details to the council about the ship’s log, black box, crew training or history.

“Although informed of Heiltsuk’s aboriginal right to selfgovern­ment, these organizati­ons failed or refused to provide the requested informatio­n and documentat­ion.”

Spill-response materials were also unavailabl­e or ineffectiv­e, Slett said, adding there was confusion over who was in charge, which she called “dishearten­ing” at a chaotic time when the fuel spill was impacting “every aspect of our Heiltsuk sense of well-being.”

A Department of Fisheries emergency harvesting closure remains in effect for Gale Creek, a key source of Heiltsuk food and income. The report said the Heiltsuk harvests at least 25 food species from the affected area, and Gale Creek is the location of the nation’s manila clam commercial harvest.

No one at Transport Canada was available for an interview, but a spokeswoma­n said in a statement the department is committed to building strong relationsh­ips with indigenous communitie­s on the West Coast and will be meeting with the Heiltsuk to review what they’ve collective­ly learned from the incident.

The investigat­ion process is ongoing and it would be inappropri­ate to comment further, the statement said.

Transporta­tion Safety Board spokesman Chris Krepski said the agency is conducting its own investigat­ion and that senior investigat­ors met with officials from the Heiltsuk to explain the legislatio­n process. “We are interested in obtaining the perspectiv­e of the Heiltsuk First Nation first responders, as well as the views of their community, and we will review the report they released closely and any investigat­ion they wish to share as part of the investigat­ion,” he said.

Before the spill, the First Nation had signed an agreement with Ottawa, providing for joint decision-making over land and marine resources, but Slett said they were never consulted about issues that could have averted the spill or reduced its effects.

The report said the Heiltsuk, along with other coastal First Nations, oppose oil tanker shipping through their territorie­s and support a ban on oil-tanker traffic along the north coast.

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