National Post

City aboriginal­s demand LN G consultati­on

- By Geoffrey Morgan

• A First Nation in British Columbia is taking the province to court for a lack of consultati­on on the massive Pacific Northwest LNG project, even though the band is based more than a hundred kilometres away from where the project would be built.

The Gitga’at First Nation is demanding a judicial review of B.C.’s decision not to include it among the five First Nations entitled to “full consultati­on” on Petroliam Nasional Bhd’s (Petronas’) $11-billion Pacific Northwest LNG terminal planned for constructi­on near Prince Rupert, B.C.

If successful, the challenge could change the way B.C. determines which aboriginal bands receive full consultati­on and which are entitled to partial consultati­on on major projects.

The Gitga’at First Nation is based in Hartley Bay, 121 kilometres south of Prince Rupert, but a release from the nation said two-thirds of the band members live in Prince Rupert, the largest city in the area.

Legal experts and observers called the challenge unusual, as challenges like this are generally based on an aboriginal community’s traditiona­l territory rather than where its members live.

“Our territor y, for e xample, doesn’t go anywhere near Prince Rupert but that doesn’t mean you only use (resources) within your traditiona­l territory,” Gitga’at councillor Kyle Clifton said in an interview.

The province’s Environmen­tal Assessment Office listed five aboriginal groups among the Tsimshian First Nations that required full consultati­on on the project but that list did not include the Gitga’at.

“We’re not looking to claim ownership of Prince Rupert Harbour, we’re just looking to have our rights to use the area acknowledg­ed,” Clifton said.

He said the Gitga’at have fished and used the area for generation­s.

Osler, Hoskin & Harcourt LLP partner Thomas Isaac said that the duty to consult is necessary “where folks pot- entially exercise their rights,” and noted this challenge may force the province to better define why some groups are given full consultati­on and others are not.

“Anthropolo­gical evidence and our Adawx, which are the oral records of the Gitga’at, show that we have fished and hunted in Prince Rupert Harbour and the lower Skeena River since before the European settlers arrived,” Gitga’at chief councillor Arnold Clifton said in a release.

Pacific Northwest LNG spokespers­on Spencer Sproule said that ships carrying LNG from his company’s terminal would not pass Hartley Bay and said the company has consulted with Gitga’at.

He said the company continues to consult with the five other First Nations that were identified as requiring extensive consultati­on.

The legal challenge comes a week before B.C.’s politician­s gather in Victoria for a rare summer legislativ­e session to vote on the province’s LNG agreement with Petronas.

Petronas , Malaysia’s state-owned oil company, announced in June that it would build the project, designed to supercool natural gas to its liquid state for export to Asian energy markets, if its agreement with the B.C. government is passed in the provincial legislatur­e and if the federal government approves an environmen­tal assessment of the energy project.

Spokespeop­le for B.C.’s Ministry of the Environmen­t declined a request for comment.

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