Trans Mountain opponents call for extension
First Nations, environmental groups and local politicians have called on the federal government to address “impossible” timelines in a review of marine impacts of the proposed $9.3-billion Trans Mountain Pipeline expansion.
But one First Nation leader at a downtown Vancouver news conference on Tuesday acknowledged that no process would be satisfactory because they want the project stopped.
“The short answer is no,” said Union of B.C. Indian Chiefs president Stewart Philip, in response to whether there was any review process that would satisfy him.
The project opponents’ chief concern was over oil spills in the ocean or on land, but also increased carbon emissions from Alberta oilsands production.
The project — supported by some First Nations, oil producers, some unions and the federal government — is meant to open up new markets in Asia via overseas shipment from its terminus at Burnaby. The opponents — including the Tsleil-Waututh, Squamish First Nation and the Coldwater Indian Band — also criticized the “narrow” scope of the review and said increased tanker traffic should be assessed in a 200-nautical mile (360-kilometre) zone rather than 12 nautical miles (22 km).
Prime Minister Justin Trudeau’s government announced in September that the National Energy Board (NEB) would reconsider the Trans Mountain Pipeline expansion to take into account marine traffic and its effect on killer whales.
That followed a major legal win for opponents when the Federal Court of Appeal ruled the NEB’s original review “unjustifiably ” did not include tanker traffic related to the project, and Canada had not adequately consulted each of six First Nations that challenged the project’s approval.
Those First Nations gathered on Tuesday and said the five-and-ahalf weeks interveners have been given to submit evidence, until Nov. 20, makes it all but impossible to retain and brief an expert who could then provide a report.
Ottawa has given the review a 22-week timeline with the NEB’s findings due Feb. 22, 2019.
“The government is not upholding its promise of reconciliation by putting in timelines that don’t allow for fair analysis, or for a fair process for First Nations to participate, or for the science behind this project to be examined,” said Squamish Nation spokesperson Khelsilem, also known as Dustin Rivers.
Eugene Kung, a staff lawyer for West Coast Environmental Law, said a fulsome process that took into account climate effects and the underlying business case for justification would result in an “absolute” no.
“But we are having another rigged process that is taking shortcuts to get to yes. And it is only going to backfire like it did last time,” said Kung.
The opponents’ options to force the government to make changes are limited, and ultimately would lead them to court, acknowledged Kung.
On Tuesday, the Ministry of Natural Resources did not directly respond to a question on whether the government would reconsider the timelines or scope of the review.
In an email response, natural resources ministry press secretary Vanessa Adams said: “The Federal Court of Appeal was clear that our government needed to do a better job consulting Indigenous peoples and to take into account the impact of marine shipping, and that is exactly what we are doing.”
The federal government has reason to be interested in an expeditious review as it took ownership of the project and Trans Mountain’s B.C. assets in a $4.5-billion deal with Texas-based Kinder Morgan last May.
Newly elected Vancouver city councillor Jean Swanson also attended the news conference and voiced her support.