‘Unreasonable’ consultation could kill pipeline, feds warned

OTTAWA – Senior bureaucrats from multiple federal departments have been warned that the review process for a proposed pipeline linking Alberta’s oilsands to the northwest coast of British Columbia could be overturned by the courts because of “unreasonable” consultation with aboriginal commun- ities, newly released internal records reveal.

The warnings, delivered by the Canadian Environmental Assessment Agency, noted that the federal government faces “adverse legal consequences” if it fails to offer adequate funding to help First Nations communities fully participate in consultations with the necessary resources to review evidence, material and proposals made by Alberta-based Enbridge regarding the Northern Gateway Pipeline project.

“Lack of funding may limit the ability of aboriginal groups to reasonably and meaningfully participate in the consultation and environmental assessment process,” said the agency in a presentation that was released by the Department of Fisheries and Oceans through access to information legislation. “If aboriginal groups cannot consult meaningfully due to a lack of resources and capacities, and if the Crown fails to provide adequate funding, (there is a) moderate to high risk that the courts would find the consultation process to be unreasonable.”

The agency, responsible for evaluating potential environmental impacts and damage from proposed development projects, prepared the pres- entation in November of 2010 to advise a committee of deputy ministers about “risks related to underfunding Aboriginal consultation in relation to Northern Gateway,” which would cut through the Great Bear Rainforest, one of the largest intact temperate rainforests remaining in the world.

The agency, which is facing dramatic cuts from the federal government to its own budget, also indicated it would work with all federal departments involved “to develop options for funding post 2012,” to address gaps.

Members of Prime Minister Stephen Harper’s cabinet have recognized the government has a “moral and constitutional obligation” to consult with First Nations on the assessment of major projects such as Northern Gateway.