First Nations divided on pipeline expansion ruling

B.C.’s First Nations communities expressed divided opinions Thursday about a federal court ruling that overturned approval of the Trans Mountain Pipeline project.

Aboriginal leaders who championed the court challenge, as well as political advocacy groups like the First Nations Summit and Union of B.C. Indian Chiefs, celebrated the ruling as a victory for Indigenous rights, reconciliation and coastal environmental protection.

Others, including First Nations that signed community benefit agreements with Kinder Morgan, expressed concern about the potential loss of economic benefits to their communities.

Chief Maureen Thomas of the Tsleil-Waututh Nation, which helped lead the court challenge, celebrated the ruling, calling the decision a turning point for all Canadians.

“I don’t want to use the word ‘fight’ or the words ‘win-lose,’” she said at a rally in downtown Vancouver on Thursday.

“There’s a reason we’re doing this. It’s not just because we are First Nations Indigenous people trying to promote what we feel is a long-lost right in our territory. We’re not doing it for that reason. We are doing it for the real reason: our future kids.”

The Federal Court of Appeal ruled Ottawa had not engaged in a meaningful two-way dialogue with First Nations during the third phase of consultation on the Kinder Morgan project before it was approved by Prime Minister Justin Trudeau’s cabinet in 2016.

“The Crown sent note-takers that were sent to agree to disagree,” said Scott Smith, lawyer for the Tsleil-Waututh Nation.

A second part of the ruling said the National Energy Board erred by not including marine tanker traffic in the scope of the project, thereby failing to consider the impact of oil tankers on southern resident killer whales under endangered species legislation.

“It’s a very awesome day today,” said Chief Lee Spahan of the Coldwater Indian Band, which has fought the planned pipeline route because of the risk posed on the aquifer his community depends on for water. “I can’t stop smiling. It feels so good.”

Lower Nicola Indian Band Chief Aaron Sumexheltza had a mixed reaction to the ruling.

“I was initially surprised,” he said. “But we knew that this was a big hurdle the project had to jump over to move forward.”

Sumexheltza said his community remains divided on the pipeline issue. Some members support the jobs and economic benefits, while others are concerned about climate change and risks.

“There are definitely a lot of strong opinions for and against this project, and First Nations communities haven’t been any different,” he said.

Cheam Chief Ernie Crey has been one of the most vocal supporters of the project, saying it would cost B.C. First Nations hundreds of millions of dollars in benefits, job training, and employment and business opportunities if Trans Mountain was cancelled. He did not respond to an interview request Thursday.

Some First Nations, including Lower Nicola, had expressed interest in discussing with Ottawa the possibility of buying a stake in the pipeline — though enthusiasm for that move appears to have waned after the court ruling.

“I’m not that interested in buying a pipeline that potentially would never be built,” Sumexheltza said.

“At the same time, when we sit down with the federal government we want to discuss everything, and we want to know where government is with the pipeline. I wouldn’t take anything off the table at this point.”