Barbs traded at review
Enbridge objects to questions of potential conflicts over pipeline
In a heated exchange Friday, Enbridge accused a First Nations lawyer of asking “inflammatory” questions about the potential for conflict over the $6-billion Northern Gateway pipeline.
Enbridge lawyer Bernard Roth stressed the company respects the rule of law and urged the Joint Review Panel to shut down questioning by Brenda Gaertner, lawyer for the Coastal First Nations, who noted that B.C has a history of conflict over environmental issues, such as protests several years ago at Clayoquot Sound.
Gaertner pressed the company on whether it would go ahead with the pipeline if the federal government gave its approval but Coastal First Nations oppose the project.
Gaertner repeatedly asked if Enbridge has taken into account the impact of potential conflict over the project on its reputation and shareholder interests, given B.C.’s history of protests.
After repeated questioning, Roth raised objections that the questions about potential conflicts were “irrelevant” and “inflammatory” and amounted to “haranguing” witness Jack Ruitenbeek, a spill expert who works for Enbridge. “The panel has to assume respect for the rule of law … and our society resolves these conflicts in a respectful” manner, said Roth. “I suggest you shut down this line of questioning now.”
Panel chairman Sheila Leggett allowed one last question on the topic, stressing that the panel “takes seriously respect for the rule of law.” While the panel at times deals with “emotionally charged” issues, Leggett warned those present “to keep in mind this is lawful process.”
“I was not suggesting any lack of respect for the rule of law,” Gaertner responded. She then asked Enbridge if the disagreement between Alberta (which supports the project) and B.C. government (which is opposed) “might make a difference to getting investors?”
John Carruthers, president of Northern Gateway, the company that will build the pipeline, rejected that notion, saying if “people become more informed their positions will come closer together.”
“We can’t just quit because it’s hard,” said Carruthers. He agreed some investors have asked questions about support in B.C. for the project.
Gaertner asked Enbridge if it would “respect the views of First Nations” if they turn down the project, but the National Energy Board and federal government give it the green light.
Carruthers said the company would respect the views First Nations and continue working with them.
Gaertner asked Enbridge to release the names of First Nations bands that support the project and have signed on for a possible equity position in the pipeline.
Enbridge has said 60 per cent of First Nations along the route support the project and will take equity interests. But the names cannot be released due to commercial confidentiality, said Paul Fisher.
Gaertner stressed the names were needed to test the accuracy of the company’s assertion it has 60-per-cent support. But Leggett ruled the question out of order, saying the panel does not need the information for its consideration.