DEADLY AVALANCHE IN B.C.

City father and son among victims

As opposing protests began outside of the Calgary headquarters of TransCanada Corp. over the contentious Coastal GasLink pipeline, Stephen Buffalo found himself on the front lines of two powerful forces.

The arrest of 14 people from a blockade on the traditional territory of the Wet’suwet’en First Nation in British Columbia has shone an intense spotlight on the natural gas pipeline, the issue of Indigenous consultations and future energy development in Canada.

Some anti-pipeline protesters marched against the project in the city’s downtown last week, while Buffalo, president of the Indian Resource Council of Canada, joined the pro-development rally.

A member of the Samson Cree Nation, Buffalo backs elected leaders of First Nations along the pipeline route in northern B.C. who have signed on to the development and are counting on the economic benefits it will deliver.

“I wanted to support our communities that were in favour — not only support the industry, but primarily the communities that supported and signed on with that pipeline,” said Buffalo, whose group represents more than 130 First Nations that produce petroleum or have pipelines on their land.

“The rallies and the protests are a reminder that yes, the environment is very important … Some of the areas are pristine and we want to preserve that, but in the same sense, they struck a deal and found a balance.”

The controversy over Coastal GasLink highlights the complexities surrounding the development of major oil and gas projects in Canada today. The 670-kilometre pipeline will move natural gas from the Dawson Creek area of northeastern B.C. to the mammoth LNG Canada development near Kitimat.

LNG Canada has federal and provincial approval, and the private consortium — led by Royal Dutch Shell — made a positive investment decision on the $40-billion development last October.

Coastal GasLink, a subsidiary of TransCanada, has the support of all 20 elected Indigenous bands along the pipeline’s route. The company said it has spent thousands of hours consulting with First Nations.

The protesters represent hereditary chiefs of the Wet’suwet’en First Nation, who adamantly oppose the project.

Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, said the case illustrates that authority, jurisdiction and power of the hereditary leadership needs to be “fully protected and acted upon.”

Elected band councils are responsible for offering programs and services, such as health care, while “the hereditary governance system is responsible for the land, water and wildlife,” he said.

“Where business and industry fail and governments (fail) is they attempt to take the short cut to consultation and consent ... they quickly sign off economic benefits agreements and think the matter is concluded.”

The controversy over the arrests sparked rallies across the country last week. And it comes several months after the federal Court of Appeal quashed Ottawa’s approval of the Trans Mountain pipeline expansion, citing, in part, the federal government’s failure to adequate consult with Indigenous communities.

Experts believe the Coastal GasLink situation will leave energy companies wondering precisely what level of consultation and agreement is needed to propel a project forward.

“One lesson is there are remaining legal uncertainties around these questions of who is going to represent First Nations,” said Dwight Newman, a law professor and Canada Research chair in Indigenous rights at the University of Saskatchewan.

“It poses some real challenges for the energy industry.”

But a challenge doesn’t mean the sector should give up. There’s too much at stake for all sides.

Historian Ken Coates, the Macdonald-Laurier Institute’s senior fellow in Aboriginal and Northern Canadian issues, said it’s clear the “ground rules are still not set” and continue to evolve regarding consultations over such large-scale developments.

Yet, Coates notes progress has been made in recent years and there have been impressive efforts to collaborate and strike partnerships between the oil and gas sector and First Nations.

For example, the Fort McKay First Nation and Mikisew Cree First Nation invested $500 million in 2017 to acquire a 49-percent share of Suncor Energy’s oilsands storage terminal near Fort McMurray.

Brian McGuigan of the Canadian Association of Petroleum Producers estimates oilsands companies invested more than $3.3 billion on procurement and worked with almost 400 Indigenous businesses in Alberta between 2015 and ’16.

As for last week’s protests, Coates said both sides should “take the long view.”

“Don’t over-react. A blockade, even if it lasted for a week, is not the end of the world. It is a process of learning and getting to know the people and reaching an accommodation,” he said. “And sometimes, it’s going to court.”

It’s important to note there are voices within Indigenous communities supporting oil and gas development as a way to create jobs and share in the economic benefits.

In Kitimat, Ellis Ross, a former chief councillor of the Haisla Nation and now a Liberal MLA, said he initially opposed resource-related projects.

After studying the LNG project, listening to his community and speaking with other elected band leaders, he became convinced the development and gas pipeline were worth supporting.

“I wasn’t doing this for the sake of glory. I was trying to resolve native unemployment, I was trying to resolve the incredible amount of natives that end up in prison, I was trying to resolve the incredible amount of children who end up in government care. And ultimately, I was trying to stop native people from committing suicide,” Ross said.

“There is a reason why we have consensus with all of the First Nations affected by the pipeline through their elected leadership.”

These are complicated conversations, but they must continue.

Some of these key issues facing Canada will be discussed at the Indigenous Energy Summit being held Wednesday and Thursday on the Tsuut’ina Nation. As head of the Indian Resource Council, which is holding the conference, Buffalo hopes the meeting provides a chance for First Nation leaders to reach a consensus on matters such as Indigenous consultations or the economic model for First Nations buying part of the Trans Mountain pipeline.

“I am hoping we can touch base a bit on creating a national energy strategy for Indigenous people in Canada,” Buffalo added.

“My end game is always talking about getting some of our communities out of poverty … that’s how we are looking at it.”

Chris Varcoe is a Calgary Herald columnist. cvarcoe@postmedia.com