Wednesday, February 05, 2020

Delay for (FRAC) sand mine project in Manitoba has some celebrating

National News | February 5, 2020 by Brittany Hobson 


Members of a peace camp opposing the development of a silica sand mine project in Manitoba are celebrating a “small victory” after the company in charge of the project announced it has been delayed due to financial reasons.

“It was a relief. I figured at least we’re going to have some more time to educate more people,” Marcel Hardisty, one of the camp organizers, told APTN News by phone Wednesday.

Hardisty is part of a group from Hollow Water First Nation, located approximately 200 km northeast of Winnipeg, who set up Camp Morningstar last winter after exploration began on the project.

The group had concerns about the environmental impacts on the community including the destruction of a community trap line.

Canadian Premium Sand Inc. (CPS) is in charge of the project called Wanipigow Sand, which was approved last year to develop an industrial plant to extract silica sand from Hollow Water and the neighbouring communities of Seymourville and Manigotagan.

The project was slated to begin production last year but CPS now expects to begin production in early 2022.

The company had to start from scratch after the original design for the plant was deemed too costly.

“This set us back. We lost a year,” said Glenn Leroux, president and chief executive officer for CPS.

The company expected the project to cost $120 million but the old design came with a price tag of $220 million.

Leroux says the group is lining up investors and financing this year with the hopes of beginning construction next year.

“We spent the last several months going back into the project basically with a white sheet of paper so we had all the approvals and everything in place, and still have those in place, but if you can’t get the money, you can’t get the project,” he said.

“It’s hard to raise money if you’re connected to the oil and gas business because the oil and gas business is in a downturn and it’s under fire from every single environmentalist on the planet.”

Leroux believes the delay will not affect the final outcome of the project.

The Manitoba government approved the environmental licence necessary for the project in May 2019.

The company may have to apply for an extension as well as make changes to their environmental licence based off the new plant design.

This could result in new consultations processes because of the change.

However, part of the reason Camp Morningstar was created was because the group didn’t believe a proper consultation took place.

“It was show and tell by the company to gain support,” said Hardisty.

Hollow Water chief and council along with CPS hosted meetings with men, women, youth and elder groups.

Community leadership is in favour of the project.

Chief Larry Barker told APTN last year the industry would bring much needed jobs to his community.

Hardisty says in the meantime Camp Morningstar will remain up and running for educational purposes.

“We’re not shutting it down,” he said.

“We may have an international Sundance, for sure a land-based learning centre for young people to learn about the environment to learn about what’s in this forest, what’s beneath the silica sand.”

Camp Morningstar will be hosting a celebration for it’s one-year anniversary on Feb 15.

Brittany Hobson

Opinion Analysis

Frac-sand project faces major hurdles, competition

By: Don Sullivan Posted: 12/11/2019 

Artist’s rendering of the planned Canadian Premium Sand facility at Hollow Water.

The problem facing Canadian Premium Sand (CPS) is that it needs to overcome some big internal hurdles, and if successful, then face stiff competition from existing frac-sand operations should it succeeds in getting its mine fully operational near Hollow Water First Nation.

Northern White Sand (NWS), the gold standard in frac sand, is mined mostly in Wisconsin, and like many frac-sand operators is an end-to-end user-integrated operation.

The term "end-to-end user-integrated operations" means these operations in Wisconsin have long established large-volume contracts for their frac sand with various oil and gas fracking operations in all of the major oil and gas fields throughout North America, including Canada.

These Wisconsin frac-sand companies, in addition to owning the frac-sand mines and processing facilities, also tend to own or have a financial stake in all of the necessary on- and off-loading transportation infrastructure to move their frac sand as close as possible to their markets, such as the rail transload facilities needed to load and unload their frac sand.

In addition, these Wisconsin companies have long-term contracts with major rail companies, such as CN and CP, to pick up and deliver their frac sand to their rail transload facilities located near their markets, they then contract out last-mile truck services to deliver their frac sand to the wellhead.

These highly integrated operations are designed to deliver frac sand to their markets at the lowest price possible. Many of these frac-sand companies in Wisconsin have been doing this for a decade or more, and are able to undercut freight on board (FOB) prices for their frac sand when a new startup operation, such as Canadian Premium Sand, wants to enter the market.

In short, these Wisconsin frac-sand operations have captured nearly 70 per cent of the North American market by offering a superior product and by being fully integrated end-to-end user frac-sand operations.

However, given the downturn in oil and gas prices, and the need for oil and gas fracking operations to reduce their costs, all these operations are now looking to acquire frac sand that is situated much closer to where they operate in the major North American oil and gas fields. This is what is precisely occurring now, both in Canada and the U.S., and this drive to find "in-basin frac sand deposits" has created an oversupply of frac sand, which in turn has further reduced the market and price for NWS.

For CPS, the closest markets, should they become operational, would be Bakken oil and gas fields located in Saskatchewan, North Dakota, Montana and a small part of southwestern Manitoba.

Given the distance between CPS’s proposed frac-sand mine and a major rail transportation hub — almost 200 km away in Winnipeg — and with no frac-sand transload facilities currently located in Winnipeg (and with the possibility of no processing facility to be constructed at its frac-sand mine site location as part of their as-yet-incomplete cost-optimization measures), these will be some major hurdles that CPS will need to overcome, first and foremost, to even get in the game.

CPS will also need to secure frac-sand contracts beforehand from fracking operations in North America’s oil and gas fields, then secure offload rail transload facilities located near their potential markets. CPS will have to do all this at a very competitive price against frac-sand operations in Wisconsin that are currently operating in these areas and which have a huge cost-savings advantage over CPS, precisely because they are fully integrated operations.

No doubt, CPS is trying to figure out how to overcome these many hurdles as it prepares its cost-optimization report, but it is fairly evident that CPS will need to radically alter its original plans, for which it has already received government of Manitoba approval.

Don Sullivan is a landscape photographer, former director of the Boreal Forest Network and served as special adviser to the government of Manitoba on the Pimachiowin Aki UNESCO World Heritage site portfolio. He is a research affiliate with the Canadian Centre for Policy Alternatives Manitoba and a Queen Golden Jubilee medal recipient.

Fast Facts: Canadian Premium Sand Frac Sand Mining Project About to Hit a Financial Wall

AUTHOR(S):
Don Sullivan
SEPTEMBER 17, 2019

There are important new developments regarding the proposed frac sand operation adjacent to Hollow Water First Nation on the east side of Lake Winnipeg that will have a large impact on the entire project.

Canadian Premium Sand (CPS), a publicly traded and Canadian-owned mining company, received an Environmental License from the Government of Manitoba in early 2019, which allowed CPS to proceed with the construction phase of a frac sand processing facility and the mining of 1 million tons per year of frac sand on a designated community trap line adjacent to Hollow Water First Nation.


The processed frac sand would then be transported by trucks, from the mine location to Winnipeg, where it would be transferred to rail to be used in fracking operations for the oil and gas industry throughout North America.

CPS estimates that the capital cost of getting this project up and running would be around $300 - $335 million, and the project would require approximately an additional $29 million per year in operating costs thereafter.

In addition, CPS has yet to estimate the unforeseen costs as a result of having to meet the 98 conditions in the Environmental License they received from the government of Manitoba. These costs are substantial but unknown.

In a 2018 Investors Presentation, CPS based the economic viability and profit margins of its entire frac sand project on selling the frac sand they produced at between $150 a ton (low end) and $250 a ton (high end). The problem for CPS is that, based on the most recent market analysis done by a number of market research firms, frac sand is now selling for less than $30 a ton in North America.

Moody’s, one of the largest bond rating agencies, has stated that the market price for frac sand will not change in the foreseeable future as there is a large over supply of frac sand in the North American market which is driving down prices. At this price CPS cannot even cover of its annual operating costs of $30 million, let alone begin paying down the start-up cost of $300 - $335 million associated with getting the whole project up and running.

Obviously CPS has seen the writing on the wall as they have not made a Final Investment Decision to proceed with construction phase of the project and recently announced they were undertaking a Cost Optimization Study to reduce their total expenditures related to the project. This study is to be completed by September of 2019.

Some insight as to where CPS is headed with this Cost Optimization Study was obtained recently from local community members in Hollow Water First Nation, where there was an information meeting held with a select few people in the first week of September. At this information meeting it was learned that CPS is now toying with the idea of barging wet unprocessed sand to Gimli, on the west side of Lake Winnipeg, where an operating rail line exists.

If this new plan proves to be accurate, then this would be an entirely new project, and one that is radically different from what CPS proposed to the government of Manitoba back in early 2019, and for which CPS received an Environmental License for.
It would also mean that the 127 jobs that CPS stated would be created in the region would disappear, as they would not be constructing a processing facility at the proposed mine location, nor would they be transporting processed frac sand via truck from the mine site to market.
In short, it would be my understanding that CPS would need to submit a whole new Environmental Act Proposal, and obtain a new Environmental License from the government of Manitoba, as this new plan is far more than just an alteration to the company’s existing Environmental License.

Further, there would be far more federal government oversight required should CPS choose to barge unprocessed frac sand via Lake Winnipeg to Gimli, as this body of water is federally designated navigable waters. The Department of Transportation would also need to approve the barges needed to ship this unprocessed frac sand to Gimli. The Coast Guard I am sure would have some regulatory interest, as well as the federal Department of Fisheries and Oceans.

Finally, there are a whole host of new potential adverse impacts that would need to be identified and addressed before CPS could move forward with this new plan. At the end of the day, CPS is unlikely to be able to reduce their costs to the level needed to make a profit, given the current low market price for frac sand, even if this new plan were to be in place and approved.

Clearly, CPS has some very tough decisions to make in the months ahead.

Sources of Information
Canadian Premium Sand Environmental Act Proposal Canadian Premium Sand NI 43-101 Technical Report – May, 2019
Environment Act Licence No. 3285 – May 6, 2019 Claim Post Resources Inc. Investor Presentation – March 2018
Forbes - Shale Bonanza Subsiding For U.S. Frac Sand Miners As Low Prices Bite - 
Gaurav Sharma – May 29, 2019
Canadian Premium Sand News Release – July 18, 2019

ATTACHED DOCUMENTS:
Canadian_Frac_Sand_About_to_Hit_financial_Wall.pdf
385.92 KB

by Don Sullivan
November 22, 2018 Manitoba Offic

by Michael Bradfield
October 27, 2014 Nova Scotia Office


INTEREST IN THE MANIGOTAGAN DEPOSIT

Silica Frac Sand

Gossan holds a significant royalty on a high-quality frac sand deposit, owned and operated by Canadian Premium Sand Inc. (TSX.V:CPS), known as the Seymourville Frac Sand Project. Canadian Premium Sand is currently in the process of developing this permitted project into production in the near-term.

Under the terms of the royalty agreement, semi-annual advance royalty payments of $50,000 each are payable as of June 18th and December 18th of each year. All frac sand produced, sold and paid from the nine Manigotagan leases (formerly held by Gossan) is subject to a $1.00 per tonne production royalty payable quarterly and all other products are subject to a $0.50 per tonne production royalty. Although the royalty is solely payable on production from the Manigotagan leases, the agreement also provides for a minimum production royalty from both the Manigotagan and the adjacent Seymourville properties held by Canadian Premium Sand, based on their relative mining reserves of frac sand at the time of permitting. Canadian Premium Sand can acquire one-half of Gossan’s production royalty interest for $1.5 million during the three years after commencing commercial production and $2 million for a further two years.

On June 12, 2019, Canadian Premium Sand announced the results of a new Preliminary Feasibility Study (PFS); a new Mineral Resource; and that it had obtained all necessary approvals from the Hollow Water First Nation, the local community of Seymourville and the Province of Manitoba. Additionally the Canadian Minister of Environment and Climate Change confirmed that the project would not require environmental assessment under federal law CEAA 2012.

As part of the PFS, and based on an additional 93-hole sonic drill program, a NI 43-101 Mineral Resource was defined at 49.6 million tonnes of Measured & Indicated and 97.3 million tonnes of Inferred. Additionally, a 30.6 million tonne Proven & Probable Mineral Reserve was defined.

The PFS estimated a 25-year mine life; initial capex of $220 million and sustaining capital of $110-$115 million; an after-tax net present value of $220 million (discounted at 8%); and an after-tax internal rate of return of 20.2%. The mining method is expected to be a conventional open pit quarry employing typical truck and excavator operations. The project is expected to produce an average of 1.2 million tonnes of product per year. Subsequently, On July 18, 2019, Canadian Premium Sand announced that it was conducting a comprehensive capital optimization review to identify cost reductions to capex outlined in the PFS and a scaled market-entry strategy. Refer to SEDAR or www.canadianpremiumsand.com/ .

The Manigotagan Property is located 170 km northeast of Winnipeg where Gossan held a silica sand deposit at Seymourville, on the east shore of Lake Winnipeg, directly across from Black Island where silica sand was extensively quarried prior to the island becoming a Provincial Park.

On June 25, 2013, Gossan entered into a purchase and sale agreement to vend its Manigotagan Silica Frac Sand Project, comprised of 9 quarry leases located near Seymourville Manitoba, to Claim Post Resources Inc., now Canadian Premium Sand Inc. Gossan had been seeking a joint-venture partner or a purchaser for the Project since completing a marketing study in late 2010. In 2012, Claim Post acquired the adjacent Seymourville Property to the south and announced plans to develop a frac sand operation. A consolidation of the two properties should improve the viability of the project.

To June 18, 2019, Canadian Premium Sand, formerly Claim Post Resources, has made total property payments of $1.28 million cash; 4 million shares of Claim Post (subsequently sold); and advance royalty payments of $400,000. The next advance royalty payment of $50,000 is due December 18, 2019.

In 2006, Gossan conducted a 23-hole core and auger drill program at the 306-hectare Manigotagan Silica Property and in 2008 followed up with a 26-hole sonic drill program. These drill programs were successful in outlining two material zones of high-purity silica sand with limited overburden.

In 2009, Gossan commenced testing the silica sand for use as frac sand proppant, resulting in consistent ISO 9K Proppant ratings for various mesh fractions. Pressure conductivity tests were also conducted with positive results.

In 2010, Gossan retained a marketing consultant for the project. The marketing study established that the highest and best use of Manigotagan silica sand is as frac sand proppant used in the oil and gas sector. The study provided an analysis of 17 companies producing frac sand proppant in North America and an assessment of candidates suitable for a strategic partnership in Gossan’s Project.

Grains of sand: How fracking has caused a surge in demand for one of the world's oldest commodities
Of the million-odd horizontal wells in North America, most use frac sand that comes from a rich seam of 'white silica' sand that cuts beneath the Great Lakes region in Wisconsin


A fracking operation in Alberta.

CALGARY — Even the smallest grain of sand is of consequence to Brad Thomson, the CEO of Calgary-based Source Energy Services Canada LP.

The company is one of Canada’s largest suppliers of frac sand, a material that is injected into wells during hydraulic fracturing operations to prop open rock fractures and allow oil and gas to flow to the surface.

Of the million-odd horizontal wells scattered around North America, most use frac sand that comes from a rich seam of so-called “white silica” sand that cuts beneath the Great Lakes region in Wisconsin. It is prized for the superior quality of its grains, which are said to more effectively lodge themselves into shale rock fractures, allowing producers to boost well performance.

“You need sand that’s very round, very hard and very pure,” says Thomson, whose company owns a mine and processing facility in Wisconsin. “There’s sand everywhere in North America but generally it lacks one of those three characteristics.”

Thomson estimates Wisconsin white silica, sometimes called “Ottawa White,” supplies roughly 90 per cent of the Canadian frac sand market. And all of that sand is meets tight specifications: Samples are sent to far-off laboratories to be tested for crush resistance, consistency, shape and the concentration levels of quartz minerals, all according to specific American Petroleum Institute (API) standards.

Demand for frac sand is expected to double in the coming years as oil producers focus on wringing as much oil and gas as possible from every well. That has kicked off a race among sand suppliers to take advantage, either by developing new mines in Canada or by shipping product from the U.S. Midwest.

Todd Korol for National Post

While chronically low commodity prices have reduced drilling activity in recent years, producers continue to squeeze tremendous volumes of oil and gas from hard rock formations. That has placed more attention on the market for frac sand, which is expected to total between US$850 and US$950 million in Canada in 2017, according to IHS Markit.





In the Montney Formation of northern B.C. and Alberta, producers in 2013 used an average of around 500 pounds of sand per foot of a horizontal well; today that number is closer to 1,000 pounds, according to research by RS Energy Group. And wells are getting longer: horizontal wells now stretch around 9,000 feet, compared to 5,000 feet just four years ago.

It’s had a massive impact. Today, a producer in the Montney might blast 100 rail cars of sand down a single well.

Analysts expect that figure to increase, particularly in the Montney, as companies begin to pump higher volumes of sand, led by producers like Encana Corp. and Seven Generations Energy Ltd.

“So far the more aggressive operators they’re well above that 1,000 pound-per-foot average, and I think eventually everyone will end up settling where they are,” says Trevor Goertzen, an analyst with RS Energy Group in Calgary.

As a result of the increased demand, U.S. and Canadian suppliers are vying for market share by expanding their rail and terminal infrastructure into highly sophisticated networks.

“Without exception everybody is going through a phase of growth,” Source Energy Services’ Thomson says.

The company plans to spend $25 million this year to build three rail terminals in Edson and Fox Creek, Alta., and Taylor, B.C., to receive rail shipments from Wisconsin. The company plans to nearly double its capacity in coming years to 3.8 million tonnes per year.

Major U.S. suppliers are also expanding. U.S. Silica Holdings Inc. expects to expand its sand flows into several prolific shale basins by 68 per cent in 2017, while Emerge Energy Services LP, a Texas- based company, continues to expand its sand division by building out its rail infrastructure and loading facilities.

“The entire objective is to get volumes into the basin in a location that minimizes your trucking distances,” he says.
Without exception everybody is going through a phase of growth

Analysts are now wondering whether Canada’s rail infrastructure can absorb the addition demand as capacity is running near its peak. “This doesn’t yet appear to be a critical issue, but with every 1-2 wells effectively drawing a unit train of sand, it seems reasonable to question whether there is the logistical network to properly facilitate all of this,” Raymond James analysts wrote in a recent research note.

More worryingly, low commodity prices have gutted the stock valuations of some companies in recent months. Source Energy completed an initial public offering in April at $10.50 per share, well below the $17 to $20 range it had floated earlier in the year.

“Financial markets have been soft,” Thomson says. In early June its stock was trading around the $8.50 range.

U.S. sand suppliers have also seen their market valuations shrink. U.S. Silica’s stock price is down roughly 36 per cent from its February levels, while Emerge Energy Services LP’s stock price has been halved over the same period.

Meanwhile, several would-be Canadian suppliers have proposed building sand mines in Western Canada as a way to undercut Wisconsin-based shippers. 
Julia Schmalz/Bloomberg

Edmonton-based Athabasca Minerals Inc. and Saskatoon-based Hanson Lake Sands Corp. both aim to secure a hold in the frac sand market from their gravel and nickel mines, respectively. Vancouver-based Stikine Energy Corp. had proposed two sand mines in B.C., but the company wasn’t able to raise the necessary capital and currently appears to be nearing insolvency. Calgary’s LaPrairie Group operates a sand mine near Grande Prairie, Alta.

Often times, domestic mines are not well connected to rail infrastructure, and depend on high-cost trucking services to deliver their product. Others have grains that are angular rather than spherical, which can cause the sand to bond with water molecules and plug a well.

“Everybody thinks they’ve got frac sand,” says Ray Newton, a co-founder of Canadian Sandtech Inc., a private company with a sizeable stake in an upstart sand mine near Saskatoon.

Proving the quality of sand is crucial. Canadian Sandtech recently sent several five-gallon pails of sand to a laboratory in Langley, B.C. to test the mettle of its sand particles. It also completed in-house tests, Newton says.

Newton, like other domestic suppliers, disputes whether silica sand is necessary to boost well returns. His local mix of “Bradley Brown” is equal in quality, he argues.

For now, however, producers seem willing to pay a premium for Ottawa White, even as they face pressure to continuously reduce well costs.

Producers in the northern reaches of B.C., for example, might pay $150 per tonne for frac sand, while companies in the southern Montney might pay $75. Domestic supplies cost a fraction of that price.

For now, Thomson is confident firms in Western Canada will continue to transport their sand over thousands of kilometres rather than risk using inferior grains of sand.

“There’s certainly a bit of a quality trade-off.”

MORE

How a ‘meteoric rise in demand’ has triggered a frack sand race


The Permian Basin: An existential threat to Canadian oil as war on cost heats up


Public fracking: Source Energy said to seek C$250 million in Toronto IPO

Wet’suwet’en Nation 
Indigenous Youth for Wet’suwet’en occupy federal minister’s office in Winnipeg

National News | February 5, 2020 by Darrell Stranger



The scene inside Dan Vandal’s constituency office in Winnipeg. Photo: Darrell Stranger/APTN

Darrell Stranger
APTN News


Roughly 20 young people are occupying the office of Northern Affairs Minister Dan Vandal in Winnipeg demanding that authorities leave Wet’suwet’en territory.

Vandal is Métis and the MP for the riding of Saint Boniface-Saint Vital in the city’s east end.

Kakeka Thundersky spoke for the group and why she felt it was important the organization got together.

“What’s happening out there is just a complete violation of rights of Indigenous people and it affects all of us, the land and the water they’re all connected, we’re all related. Here on Turtle Island and we really just need to protect it for the next generation. We believe it is all of our responsibility to take care of all of the children all the time.”

The group, Indigenous Youth for Wet’suwet’en Winnipeg, is demanding the immediate removal of the RCMP and the Coastal Gaslink (CGL) from Wet’suwet’en territory.

The CGL pipeline will carry fracked natural gas from Dawson Creek in northeastern British Columbia 670 km to Kitimat on the coast where it will be processed and shipped to markets in Asia.

It has been approved by elected chiefs and councils but the hereditary chiefs, who have control over the Wet’suwet’en territory, have vowed to stop the company from building on their land and are currently facing a potential incursion by the RCMP.

A list of demands to Vandal and the Liberal Cabinet includes the minister making a public commitment to do everything in his power to ensure the demands of Wet’suwet’en hereditary chiefs are met.

One of the demands is also for Bill Blair, minister Public Safety and Emergency Preparedness, to command the RCMP to stand down and withdraw from Wet’suwet’en territory, Smithers and Houston areas.

The occupation has been discussed with Wet’suwet’en land defenders and other support groups across the country.

The Indigenous Youth for Wet’suwet’en Winnipeg say they won’t leave the office until their demands are met.

APTN News reached out to Vandal for comment.

“The right to peaceful protest is a fundamental right of all Canadians,” said a statement from Vandal’s office after this story was posted.

“I am committed to meeting with them to hear their concerns in person.”

Click here for more: Wet’suwet’en

dstranger@aptn.ca
Wet’suwet’en Nation 

RCMP say enforcement of the B.C. court injunction ‘nears’ on Wet’suwet’en territory

National News | February 5, 2020 by APTN National News



People from the Wet’suwet’en camp stand in front of the RCMP cars stationed on the Morice River Rd. Photo: Lee Wilson/APTN

APTN News
The RCMP in British Columbia say that people in the camps in the disputed area on the unceded Wet’suwet’en territory can choose to leave on their own, or be arrested.

The Mounties said at a news conference Wednesday they have no choice but to enforce a Dec. 31 injunction handed down by a B.C. court.

The police said people who are arrested will be taken away without handcuffs, or carried out if needed.

“We have chosen to followed a measured approach that has included over five weeks of discussions with the effected parties,” said RCMP Assistant Comm. and Criminal Operations Officer Eric Stubbs.

“As enforcement of the injunction nears, we have assembled a team in the area. If there are arrests to be made, there are peaceful options that will require a minimal use of force.”

Stubbs said people can voluntarily be arrested an no handcuffs will be used or they can be carried out.

But he also issued a warning.

“If those scenarios do not occur, our members will respond to the behaviors presented before them.”

For weeks, RCMP helicopters have been flying overhead and a police checkpoint limits access to the region that hereditary chiefs say they hold sole title to the unceded lands and do not support the pipeline.

Talks that were intended to de-escalate a dispute over Coastal GasLink’s 670 km pipeline that will carry fracked natural gas from Dawson Creek in north eastern British Columbia to the Kitimat on the coast have failed after just two days.

Hereditary chiefs of the Wet’suwet’en Nation said they had agreed to seven days of negotiations with the provincial government in hopes of reaching a peaceful resolution that would avoid RCMP enforcement of an injunction on the First Nation’s traditional territory.

Hereditary Chief Woos, who also goes by Frank Alec, said Wednesday he expects enforcement of an injunction in the disputed area is now “imminent.”

Woos said the talks were modeled around the nation’s “Wiggus” process, named for a word that loosely translates to “respect.” The process is rooted in trust and honesty and involves looking at issues together rather than beginning in oppositional positions.

The chiefs raised concerns during the meetings about the RCMP’s growing presence in the region, which Woos estimated has included 60 to 100 officers congregating in neighbouring towns and regular fly overs of the disputed area.

Indigenous Relations Minister Scott Fraser and Woos both said Wednesday the talks were respectful but unsuccessful.

“All of us are concerned about safety so that’s one of the common themes,” Fraser said in an interview from the airport in Smithers, the town where the meetings were held.

“What I was hoping that we all could agree to was even a temporary access protocol agreement similar to what was in place a year ago and to allow the company access, which is what the courts had ordered basically in its injunction.”

Fourteen people were arrested more than a year ago when RCMP enforced an injunction that allowed pre-construction across Wet’suwet’en territory for the $6.6-billion natural gas pipeline, a key part of the provincially approved $40-billion LNG Canada development.

Following the enforcement, the chiefs reached a deal to allow workers temporary access to the site.

Fraser said the chiefs asked if the province would withdraw the environmental certificate it granted Coastal GasLink, but he said that wasn’t an option.

“I explained that the project was given the OK in 2018. The project is underway, the courts have affirmed that the company has the legal right to work in the territory, so we had frank discussions about all of that.”

After the B.C. Supreme Court granted Coastal GasLink an expanded injunction, Wet’suwet’en hereditary chiefs responded by issuing the company an eviction notice in early January, arguing the company was violating traditional Wet’suwet’en laws.

There has been increasing tension since then, with RCMP saying traps “likely to cause bodily harm,” including notched trees and stockpiles of fuel, had been found along a forest service road leading to the pipeline construction area.

When the talks were announced last Thursday, RCMP said they would not take action to enforce the injunction by removing obstructions on the forest service road for seven days.

E Division commanding officer Deputy Comm. Jennifer Strachan said ending the protest without violence is their main goal.

“We, the RCMP, share that concern and believe there are ways for safe, peaceful and lawful discourse or dissent without violence.”

Police didn’t say when officers would move to enforce the injunction.

Both Woos and Fraser said they are open to continued dialogue, however Woos said it should include Premier John Horgan, three more cabinet ministers and RCMP commissioner Brenda Lucki _ a suggestion that Fraser said is unlikely in the near future on the government’s end given that Parliament is back in session next week.

Coastal GasLink said in a statement that its senior leadership team has been in Smithers since Sunday to meet with the chief if required but were unable to do so.

The company needs to quickly resume construction activities in the area to meet the project schedule, it said.

“Coastal GasLink appreciates the time, effort and energy taken by Minister Scott Fraser and his staff, the Hereditary chiefs of the Wet’suwet’en and liaison Nathan Cullen to try and find a peaceful resolution to the issues at hand,” the company said in a statement.

“We are disappointed that discussions have ended without a resolution that would prevent the enforcement of the interlocutory injunction.”

news@aptn.ca @aptnnews

-with files from the Canadian Press



Wet’suwet’en hereditary chiefs agree to a week of ‘respect’ talks with B.C.

National News | January 31, 2020 by Brett Forester


(Hereditary Chief Na’Moks, left, with other Wet’suwet’en 

Nation hereditary chiefs in 2018. Photo: APTN File.

Brett Forester
APTN News

Eight hereditary chiefs of the Wet’suwet’en Nation agreed on Thursday to undertake seven days of talks with the British Columbia government with the goal of de-escalating a standoff over a controversial pipeline.

In a statement, the chiefs said they remain committed to peace and “will pursue all avenues to achieve a peaceful resolution.”

The talks will be called “Wiggus,” which the chiefs defined as “respect for all living-beings, starting with oneself.”

David Pfeiffer, president of Coastal GasLink (CGL), and the B.C. premier’s office also issued a statement welcoming the talks.

“This Wiggus/Respect Table is an opportunity for all parties to work in good faith towards de-escalation, and we view this announcement as a positive sign that all involved are determined to find a peaceful resolution,” the statement said.

Premier John Horgan will not attend the discussions.

The chiefs previously refused to meet with B.C. because Horgan chose to send Indigenous Affairs minister Scott Fraser in his place, saying they wanted to meet decision-maker to decision-maker. Horgan then appointed NDP MP Nathan Cullen as a liaison.

The hereditary chiefs assert that they have jurisdiction over their unceded traditional territory, and say construction of the $6.6-billion pipeline cannot proceed without permission from the chiefs through whose territory the proposed 670-kilometre route passes.

They issued an eviction notice to the company earlier this month as an assertion of this jurisdiction.

The completed project would carry fracked natural gas from Dawson Creek to an LNG export facility near Kitimat, B.C.

CGL has negotiated 20 benefit agreements with all elected First Nation governments along the route.

The province has signed agreements with all 20 elected governments as well.


(B.C. Premier John Horgan. Photo: APTN File.)

Read More:

‘We’ve got a real divide in the community:’ Wet’suwet’en Nation in turmoil

B.C. Supreme Court granted the pipeline company an interlocutory injunction on Dec. 31.

The judge ruled that the project has all the required permits and authorizations to proceed.

The ruling included an order for the RCMP to remove any obstructions and arrest anyone police have “reasonable or probable ground” to believe has knowledge of the order and is contravening it.

The Mounties said they will respect the talks and not take action to enforce the injunction by removing obstructions on the Morice West Forest Service Road leading to the company’s work sites.

“While additional resources may be noted in the Smithers-Houston area, the resources will be on standby during the seven-day period,” the statement said, referring to growing police presence.

Earlier Thursday, the hereditary chiefs and their supporters called for a public investigation into the way the RCMP is controlling access along the road.

The RCMP has said it set up a checkpoint along the Morice West Forest Service Road south of Houston to prevent the dispute from escalating after patrol officers discovered hazards along the road.

But the chiefs along with the B.C. Civil Liberties Association and the Union of B.C. Indian Chiefs allege that the Mounties are unlawfully restricting access on Wet’suwet’en traditional territory.

“We cannot be criminalized for using our law to access our lands, our foods, our medicine, our way of life,” said Chief Na’Moks, who dialled into a news conference in Vancouver.

RCMP arrested 14 people when it enforced a temporary injunction last year. The people have since been released, but RCMP was criticized internationally after it was reported that heavily armed Mounties were prepared to use lethal force in deconstructing the barricade.

On Wednesday in Prince George, Horgan said he believes the hereditary chiefs will come around.

“I don’t expect the leadership to say tomorrow that they love the pipeline. That’s not my expectation. But there needs to be a legitimate understating that the majority of the people in the region are going to benefit for this, and that’s what dialogue will produce.”

Na’Moks (John Ridsdale), hereditary chief of the Tsayu Clan, has said the pipeline will never receive consent from leaders of the traditional governance system.

“We will never change our mind on this project, we are the law of the land, we are following our law,” he said.

bforester@aptn.ca
@BrettForester

With files from the Canadian Press





RCMP pipeline checkpoint ‘arbitrary and discriminatory,’ says Wet’suwet’en hereditary chief, UBCIC

National News | January 30, 2020 by The Canadian Press


RCMP also shut down an access road and barred media

 from passing while the police’s paramilitary and tactical 
units raided the Gidimt’en camp in Jan. 2019. 
Photo: Kathleen Martens/APTN.

The Canadian Press

The Wet’suwet’en hereditary clan chiefs and their supporters want a public investigation into the way the RCMP are controlling access along a rural road in northern British Columbia.

The RCMP have said they set up a checkpoint along the Morice Forest Service Road south of Houston in order to prevent a dispute over the Coastal GasLink pipeline from escalating.

But the chiefs along with the B.C. Civil Liberties Association and the Union of British Columbia Indian Chiefs (UBCIC) allege that the Mounties are unlawfully restricting access on Wet’suwet’en traditional territory.

“We cannot be criminalized for using our law to access our lands, our foods, our medicine, our way of life,” said Chief Na’moks, who dialled into a news conference Thursday.

The coalition has submitted a complaint to the Civilian Review and Complaints Commission for the RCMP, asking the chairperson to initiate a policy complaint and public interest investigation.

The RCMP could not immediately be reached for comment.

Harsha Walia, executive director of the Civil Liberties Association, says the application of the RCMP’s enforcement at the checkpoint has been “inconsistent, arbitrary and discriminatory.”

Walia says the coalition has submitted eight first-hand accounts from people turned away as part of the complaint. Some were told only lawyers licensed to practise in B.C. would be allowed through, or only hereditary chiefs on a pre-approved list.

“RCMP officers at the checkpoint have cited a range of inconsistent and shifting policies and procedures to those who are turned away,” she said at a news conference Thursday.

“Most of these do not in any way correlate to the stated goal of public safety.”

Officers check and record the identification of each person who arrives at the checkpoint, she said.

Irina Ceric, a non-practising lawyer who tried to visit supporters at a camp beyond the checkpoint, said she was turned away one day because she didn’t have a two-way radio and tire chains but she was allowed through the next day with no questions from a different officer about her equipment.

The B.C. Supreme Court granted Coastal GasLink an injunction on Dec. 31. It called for the removal of any obstructions including cabins and gates on any roads, bridges or work sites the company has been authorized to use.

It also gives authorization to the RCMP to arrest and remove anyone police have “reasonable or probable grounds” to believe has knowledge of the order and is contravening it.

The RCMP have said there is also a criminal investigation underway into traps likely to cause bodily harm after patrol officers found felled trees along the road, and piles of tires with jugs of accelerant and fuel-soaked rags nearby.

Na’moks said the chiefs continue to meet with RCMP Deputy Commissioner Jennifer Strachan, who has declined multiple interview requests.

Na’moks alleges that Strachan has called enforcement by the RCMP in the area “inevitable.”

“They are going to move in again, it is inevitable, is her words,” he said.

But he said they are in a holding pattern since the appointment of former New Democrat MP Nathan Cullen as provincial liaison tasked with de-escalating the dispute.

“Right now we are on pause.”

news@aptn.ca

@aptnnews
A look back on the Trans Mountain expansion project and how we got here

National News | February 5, 2020 by Tina House

Tina House
APTN News

In 2012 it was called the Kinder Morgan Trans Mountain pipeline expansion project.

But in 2018, the federal government jumped in to save the troubled project with $4.5 billion of public money and all of a sudden, Canadians now owned a pipeline.

But now it seems, for better or worse, the 1,150 km Trans Mountain pipeline expansion project is going ahead – again.

In a unanimous decision Tuesday, the Federal Court of Appeal has dismissed a challenge to the Trans Mountain pipeline expansion project by several First Nations.

“Government of Canada has adequately fulfilled its duty to consult with Indigenous peoples,” the court said in its ruling.

“The court focused on the reasonableness of Cabinet’s decision to approve the Project a second time, specifically Cabinet’s conclusion that the Government of Canada had remedied the flaws in the consultation earlier identified by this Court and had engaged in adequate and meaningful consultation with Indigenous peoples.”

The Tsleil-Waututh Nation, Squamish Nation, Coldwater Indian Band and a coalition of seven Stó:lō villages filed court challenges after the federal government approved the project a second time last June.

A court hearing in December focused on the government’s consultation with First Nations between August 2018 and June 2019.

Chief Lee Spahan of the Coldwater Indian Band said in a statement an appeal to the Supreme Court is under consideration.

He also said his band must still be consulted on the route the expansion will take, with the approved route passing an aquifer that is the only source of drinking water for 320 people living on the main Coldwater reserve.

The band wants the route moved away from the aquifer.

The Union of British Columbia Indian Chiefs hosted a news conference in Vancouver to react to the ruling.

“UBCIC strongly disagrees with the decision released today (Tuesday) and continues to stand by the Indigenous Nations who put forth their legal challenges to defend their right to free, prior and informed consent,” said UBCIC Grand Chief Stewart Phillip in a statement.

“Let me make clear that Indigenous peoples are not seeking a veto. We are seeking to have our human rights upheld.”

Since the announcement of the twinning of the Trans Mountain pipeline back in 2012 – APTN News has been bringing you stories from the frontlines.

Here’s a look back on some of those stories.

Tina House


Federal Court’s Trans Mountain Ruling Betrays Principles of Reconciliation
The decision found Trudeau government met the minimum legal requirements. For Indigenous peoples, that’s not enough.



Judith Sayers Today | TheTyee.ca

Judith Sayers (Kekinusuqs) is from the Hupacasath First Nation in Port Alberni, B.C. She President of the Nuu-chah-nulth Tribal Council and is an adjunct professor at the University of Victoria in Business and Environmental Studies.

‘Reconciliation stopped today’ said Rueben George of the Tsleil-Waututh First Nation of the Federal Court of Appeal’s new decision. Photo by Jonathan Hayward, the Canadian Press.

The Federal Court of Appeal’s decision to uphold federal government approval for the Trans Mountain pipeline expansion project is devastating for the First Nations that launched the legal challenge.


The nine nations argued they had not been consulted properly before Prime Minister Justin Trudeau’s cabinet approved the pipeline. The second attempt at consultation was the result of an earlier court decision rejecting a first round of consultations as flawed.

Rueben George of the Tsleil-Waututh First Nation summed up the impact.

“Reconciliation stopped today,” he said.

Chief Leah George Wilson said, “This decision does not change our truth, it does not change our laws, and there was no reconciliation between Canadian law and our law.”




This decision does not in any way advance reconciliation, does not take into consideration Indigenous laws and, of course, does not talk about the United Nations Declaration on the Rights of Indigenous Peoples, which the federal government has pledged to support.

There is no mention of free, prior and informed consent, required under UNDRIP, only references to First Nations not having a veto on projects. This case is old-school empty consultation, and even though Trudeau campaigned on supporting UNDRIP, he has done little to advance the principles contained within it.

The court kept to a very narrow issue: did the cabinet reasonably conclude that the consultation flaws identified by the court in the 2018 Tsleil-Waututh decision were adequately remedied by the renewed process?

Only the cabinet could determine if the consultation process was adequate and make the decision on the project, as that is the power given to them in the National Energy Board Act.

The court said it could not look broadly at previous consultations, only at what were considered the flaws in the earlier process. The case, it said, was not about whether there should have been a different decision, or a longer or better process. The question was about whether the decision was acceptable and defensible in light of the law and evidence before the court.

The court was clear that it was ruling not on whether the legislated consultation requirements were adequate, nor on the issues raised in both consultation processes. It was simply deciding whether the cabinet decision to approve the project was “reasonable” under the current legislation.

The court did acknowledge that the constitutional duty to consult was highly significant to Indigenous peoples, and the country as a whole.

Even though the three justices said it was not up to them to decide on the adequacy of consultation, they did set out all the case law and factors that could be considered, based on the circumstances of each case.

Notably, the court states that the purpose of maintaining “the honour of the Crown” in such decisions is to facilitate the reconciliation of Indigenous interests. They further state that the duty to consult is aimed at helping to reverse historical wrongs.

Interestingly, the decision also says that the reconciliation is the first principle of Aboriginal law, a statement I have not heard before. But Aboriginal law as used by the court refers to Canadian law as it relates to Indigenous people — not Indigenous law, which is the laws of the people themselves. That’s not mentioned anywhere in this decision.

The decision also says that reconciliation is meant to create conditions going forward that will prevent recurrence of harm and dysfunction and promote a constructive relationship where people work together to advance joint welfare with mutual respect. And it notes that too often decisions affecting Indigenous peoples were made without regard for their interests, dignity, members and belonging in Canadian society, with terrible damage to their lives, communities, culture and ways of life.

I’m not sure how this decision could achieve those lofty goals. And I wonder why the justices believe proceeding with the Trans Mountain pipeline expansion won’t damage these nations and the chances for a constructive relationship.

The government did listen to them and made a few changes to the conditions for going ahead with the pipeline. But the pipeline will still run roughshod over their rights for the benefit of the public, not the nine nations.

The court concludes that reconciliation has been advanced even though the First Nations have not agreed to the project.

I am not sure what world the Federal Court of Appeal justices live in, but it’s certainly not an Indigenous one. Reconciliation is not advanced by this decision, and these nations have vowed to continue to fight this pipeline in whatever ways they can to protect what is important to them. The decision only perpetuates the historical wrongs.

The court then moves into the issue of veto. Reconciliation does not require an outcome that is satisfactory to Indigenous peoples, it says. That would give them a veto over projects like the Trans Mountain expansion.

And reconciliation does not require standards that are too strict in assessing whether the duty to consult has been adequately met, as that would also create a veto right.

“First, imposing too strict a standard of ‘perfection,’ ‘reasonableness’ or ‘meaningfulness’ in assessing whether the duty to consult has been adequately met would de facto create a veto right,” the court ruled.

The court then says that Indigenous peoples cannot use tactical behaviour such as uncompromising opposition or delays to make sure discussions fail, as this also would be a veto. Indigenous peoples also cannot “dictate” accommodations.

The court does not mention the behaviour of government officials who often use those same tactics — pushing a project, stretching out the time and not having good faith discussions on concerns. The responsibility is not just that of Indigenous peoples.

The way the court characterizes Indigenous peoples’ conduct is very condescending and not at all in the spirit of reconciliation.

The court finally concludes that Canada demonstrated it met the legal test for the duty to consult and made a meaningful, reasonable decision that will mitigate the impact and addresses the concerns of the appellants. The First Nations disagree, the court conceded, and believe their concerns were not met. But the decision says addressing their concerns would impose a standard of perfection that is not required by law, the justices decided.

The whole judgement is based on the highly subjective question of what is reasonable. From an Indigenous worldview, the federal consultation process was not reasonable.

This fight is not over. These nations are determined to stop the Trans Mountain expansion from crossing their territories.



First Nations Vow to Fight on after Trans Mountain Defeat READ MORE 

It is unfortunate that First Nations have to go to a court that is based on colonial laws and practices, where the court defines what reconciliation is based on Canadian law and ignores Indigenous laws. The only real mechanisms First Nations have to fight developments are the courts, defending on the land or international forums.

The United Nations Committee on the Elimination of Racial Discrimination has told Canada to stop building the Trans Mountain pipeline expansion until it obtains the free, prior and informed consent of Indigenous peoples. This isn’t mentioned in the court case, but the committee’s rulings are politically binding, as Canada is a signatory to the convention.

In B.C., the United Nations Declaration on the Rights of Indigenous Peoples is now law. The provincial government will have to follow the declaration’s requirement of free, prior and informed consent before any developments can occur.

The fight is definitely not over, and new and innovative tools and tactics will be used as First Nations defend their lands, waters and resources. 
Adrian Raeside cartoon: When the first load of Trans-Mountain oil arrives in Asia


Times Colonist
FEBRUARY 5, 2020



A Federal Court of Appeal ruling Tuesday removed one of the last active court hurdles to completion of the Trans Mountain pipeline expansion.
Almost $150 million in vaunted oceans-protection funding not spent
BY THE CANADIAN PRESS
Posted February 5, 2020
 
A tanker is anchored in Burrard Inlet just outside of Burnaby, 
B.C., on Friday, Nov. 25, 2016. 
THE CANADIAN PRESS/Jonathan Hayward

Almost $150 million allocated to help protect Canada’s oceans has gone unspent by the Trudeau government over the past two years.

The Liberals have touted their $1.5-billion oceans protection plan as “the largest investment ever made to protect Canada’s coasts and waterways” – including efforts to mitigate the potential environmental damage from the expansion of the Trans Mountain pipeline.


READ MORE: Spill equipment, orca study among newly unveiled details of Oceans Protection Plan

The pipeline is to carry diluted bitumen from Alberta’s oilsands to the British Columbia coast for export to overseas markets, resulting in as much as a six-fold increase in tanker traffic and increasing the risk of oil spills and damage to marine life, particularly whales.

But in response to a written question tabled in the House of Commons by NDP fisheries critic Gord Johns about how the ocean protections plan funding has been spent so far, the government admits millions have not been spent.

Federal Election 2019: Trudeau says they exceeded plan for ocean protection, on track to reach 30% protected areas by 2030 Federal Elction 2019: Trudeau says they exceeded plan for ocean protection, on track to reach 30% protected areas by 2030

Fisheries and Oceans Canada says some $85.9 million of its share of the program’s funding has not been spent over the past two years.

Environment Canada says it didn’t spend $3.5 million of its share of the funding and Transport Canada says it left $59 million unspent.

Reasons offered for not spending their full allocations vary by department, including delays in capital projects and requests by Indigenous groups for more consultations.

READ MORE: Ottawa’s Oceans Protection Plan to include funds for weather forecasting, ship monitoring

“They’ve made big promises, they’ve made promises that Canadians expected they would deliver but, of course, they haven’t spent the money,” Johns said in an interview.

“We’re looking at $150 million just over the past two years that they haven’t spent and this is in light of them approving the Trans Mountain pipeline expansion … They’re trying to tell British Columbians and Canadians that they’ve invested in this world-class oceans protection plan but they haven’t actually been rolling out the money.”

The government has frequently touted the plan to allay concerns about potential environmental damage from increased tanker traffic.

© 2020 The Canadian Press

OPINION
In its Trans Mountain ruling, court confirms Canada’s veto over Indigenous peoples

NAOMI SAYERS CONTRIBUTED TO THE GLOBE AND MAIL



Steel pipe to be used in the oil pipeline construction of the Canadian government’s Trans Mountain Expansion Project lies at a stockpile site in Kamloops, British Columbia, June 18, 2019.

Naomi Sayers is an Indigenous lawyer from the Garden River First Nation who has a public-law practice. She is also an adjunct professor at Algoma University.

In its hearing of Indigenous concerns on the Trans Mountain pipeline-expansion project, the Federal Court of Appeal confused consultation questions with consent questions. Indigenous parties were led to believe that their concerns would be heard, acknowledged or, at minimum, valued if they participated in a consultation process. The federal court’s decision on Tuesday tells the rest of Canada that this is not the case and that Indigenous concerns are pushed further to the margins in favour of the public interest.

In its 2020 appeal decision, the federal court confused the Indigenous participation in the consultation process with tacit consent, and failed to meaningfully consider the Indigenous perspective.

While some Indigenous groups are vying for a stake in the pipeline, other communities have objections. Similar to any other diverse group with various interests, Indigenous groups remain divided.

In the courts, Canada’s future is decided by what is in the public interest, with Indigenous perspectives being acknowledged in a public-interest analysis. The public interest is a vague, arbitrary standard that exists in law and is rarely defined, but is usually invoked as what is the best for the well-being or welfare of the general public.

Existing on the margins of the public-interest debate usually lies Indigenous communities and concerns, often talked about but rarely acknowledged, heard or valued. For Canadians, the debate likely looks polarized; it is those Indigenous communities versus Canada.

For Canada’s Federal Court of Appeal, the debate examined whether Canada’s consultation on the Trans Mountain decision was adequate in law to address the initial shortcomings in the first consultation. Nine parties challenged the original Order in Council, with four of the original nine parties challenging the second Order in Council decision.

While many agree that Indigenous parties should not have a veto over such projects, Canadians fail to consider that when rulings such as that of the federal court choose vague public interest, this creates a veto over many Indigenous concerns. The federal court confused Indigenous participation in consultation with consent for the project as a whole, causing an illogical and unjustifiable conclusion that Canada met its duty-to-consult obligations.

The federal court recognized that consultation efforts are guided by the controlling question: What is required to maintain the honour of the Crown and to effect reconciliation between the Crown and Indigenous peoples?

The federal court further held that reconciliation is about mutual respect; it is about a relationship, but that reconciliation does not demand a specific outcome. In this holding, the Federal Court of Appeal stated that if reconciliation did indeed dictate a particular outcome, then Indigenous people would have a veto over projects, failing to ignore how the public interest creates a presumed veto at the outset.

It is the assumption that what is good for Canada must be good for Indigenous peoples, ignoring how this perspective creates these disputes over these kinds of projects in the first place.

The law says Indigenous people must participate in the process and if they refuse, they cannot raise any disputes later, saying the process was inadequate. It’s a double-edged sword.

In the end, the federal court critiqued the reliance on unnecessary delays and insisting on matters of form rather than of substance. This presumes that Canada’s consultation, in substance, did its legal duty to consult Indigenous parties.

However, it is very much in the Indigenous people’s right to critique matters of form, as such matters inform substance; the way consultation is conducted can impact the substance of consultation. Indigenous people do not request a veto over projects; they request respect for their interests, dignity, membership and belonging in Canadian society.

Sadly, the federal court made an error that ignored Indigenous people’s lack of consent to the project. Canada made a commitment to seek free, prior and informed consent from some of the parties. The federal court stated the following:

“That being said, Canada was under no obligation to obtain consent prior to approving the project. That would, again, amount to giving Indigenous groups a veto.”

In order for reconciliation to be effective, the question is not what is good for Canada in free and democratic society; rather the courts must consider the resilient manner in how Indigenous peoples exercise the rights over their lands and have done so since time immemorial, to the benefit of the rest of Canada.





British Columbia #TMX #KINDERMORGAN #TRANSMOUNTAIN
'We'll do what we have to do': Trans Mountain pipeline opponents to ramp up protests

4 B.C. First Nations have sought leave to appeal ruling that cleared way for expansion project

Laura Kane · The Canadian Press · Posted: Feb 05, 202 0
 

'Activists are preparing for a long battle against the Trans Mountain pipeline expansion. (Jonathan Hayward/The Canadian Press)

Opponents of the Trans Mountain pipeline expansion say they will do whatever it takes to stop the project after suffering a devastating legal blow at the Federal Court of Appeal.

Activists are preparing for a prolonged battle on the land and water that they hope will remain non-violent but that could lead to clashes with police, said Will George of the Tsleil-Waututh Nation.

"For the longest time, I've been, from my elders, under strict orders to do this in a peaceful way," he said Wednesday. "Personally, I'm fed up. If it has to get ugly, it will get ugly."

The legal process is not yet over after four First Nations lost the court challenge on Tuesday. The Tsleil-Waututh has sought leave to appeal a September ruling to the Supreme Court of Canada and the four groups also have 60 days to file leave in the latest decision.

In a major victory for Trans Mountain, Federal Court dismisses Indigenous appeal of project's approval


If the high court declines to hear the cases, opponents will have few avenues left to stall construction other than civil disobedience. Trans Mountain Corp. also faces some regulatory hurdles, including that most of the detailed pipeline route has not yet been approved in southern British Columbia.
Potential for arrests

Activists will meet in the next few days to plan future demonstrations, said George, whose previous actions against the project include interrupting speeches by Prime Minister Justin Trudeau and being arrested for rappelling off a bridge.

There are no specific new demonstrations to announce yet, but he said he expects more protesters to gather at existing sites in B.C. including a "watch house" outside a shipping terminal in Burnaby and a collection of tiny homes in the Interior.

Squamish Nation Coun. Khelsilem said there are several groups that continue to mobilize to stop the project including one that put out a call for B.C. residents who would be willing to face arrest.

First Nations respond to Trans Mountain appeal decision

"This whole legal battle has put a halt onto what otherwise would have been a confrontation much sooner. It's delayed it in some ways. It depends on where the court battles continue," he said.

"But I think, at the end of the day, there are a number of people who are willing to do a lot to defend this coast.

 

Squamish Nation Coun. Khelsilem said 'there are a number of people who are willing to do a lot to defend this coast.' (Blaire Russell)

Khelsilem noted B.C. has a long history of civil disobedience. More than 200 people were arrested at protests in Burnaby in the spring of 2018, including Green Party Leader Elizabeth May and Kennedy Stewart, who was elected Vancouver mayor later that year.

Bev Manuel, who is part of a group called the Tiny House Warriors, said a handful of small homes have been built along the pipeline construction route in an effort to protect unceded Secwepemc territory in Blue River, B.C.

"We'll do what we have to do to deter them," she said, adding they have plans to build three additional homes and expect more opponents to join them in the coming weeks and months.
'We respect the right to peacefully protest'

Trans Mountain Corp. said in a statement that "expressions of opinions" about the project must respect the terms of an injunction against anyone blocking access to the Burnaby terminal.

"We respect the right to peacefully protest and there are many ways to express opinions in a safe and lawful manner," it said.

The Federal Court of Appeal decision noted Canada invited 129 Indigenous groups to participate in consultations and, in the end, more than 120 either support the project or do not oppose it. As well, 43 First Nations have signed benefits agreements with Trans Mountain.

ANALYSIS One step forward, another one back: What the Trans Mountain ruling means for Trudeau


Construction on the federally owned project is underway at terminals and pump stations in B.C. and Alberta and pipe is being laid in the Greater Edmonton area.

However, the company cannot lay pipe in areas where the Canada Energy Regulator has not yet approved the detailed route. Overall, 68 per cent of the route has been approved, but that figure drops to about 12 per cent in Metro Vancouver and no approvals have been given in the Fraser Valley.

Oral detailed route hearings kicked off last week in Spruce Grove, Alta., and others are scheduled later this month in Edmonton and Kamloops, B.C.

ANALYSIS What the Trans Mountain decision means for Alberta's oilpatch
 


Hearings for the route stretching from south of Kamloops through to Burnaby are expected this spring 
and summer but dates have not yet been set.

Trans Mountain pipeline project’s opponents to ramp up protests in B.C.

BY LAURA KANE THE CANADIAN PRESS
Posted February 5, 2020 3:32 pm



First Nations lose latest appeal against Trans Mountain pipeline expansion



Trans Mountain Pipeline wins key court ruling



First Nations not happy with Federal Court’s decision to continue with TMX



Alberta Premier praises Trudeau for ‘commitment’ to completing TMX expansion



Federal Court of Appeal decision to approve TMX pipeline expansion ‘overwhelmingly’ supported by Indigenous groups: Premier Kenney



Kenney ‘delighted’ with Federal Court of Appeal decision to approve TMX pipeline expansion



Trudeau: TMX approval process ‘needs to be done right’


Next Video WATCH ABOVE: Some Global News videos about the Trans Mountain pipe

Opponents of the Trans Mountain pipeline expansion say they will do whatever it takes to stop the project after suffering a devastating legal blow at the Federal Court of Appeal.

Activists are preparing for a prolonged battle on the land and water that they hope will remain non-violent but that could lead to clashes with police, said Will George of the Tsleil-Waututh Nation.

“For the longest time, I’ve been from my elders under strict orders to do this in a peaceful way,” he said Wednesday.

“Personally, I’m fed up. If it has to get ugly, it will get ugly.”

The legal process is not yet over after four First Nations lost the court challenge on Tuesday. The Tsleil-Waututh have sought leave to appeal a September ruling to the Supreme Court of Canada and the four groups also have 60 days to file leave in the latest decision.

READ MORE: Few hurdles remain for Trans Mountain pipeline expansion project

If the high court declines to hear the cases, opponents will have few avenues left to stall construction other than civil disobedience. Trans Mountain Corp. also faces some regulatory hurdles, including that most of the detailed pipeline route has not yet been approved in southern British Columbia.

Activists will meet in the next few days to plan future demonstrations, said George, whose previous actions against the project include interrupting speeches by Prime Minister Justin Trudeau and being arrested for rappelling off a bridge.

There are no specific new demonstrations to announce yet, but he said he said expects more protesters to gather at existing sites in B.C. including a “watch house” outside a shipping terminal in Burnaby and a collection of tiny homes in the Interior.

Squamish Nation Coun. Khelsilem said there are several groups that continue to mobilize to stop the project including one that put out a call for B.C. residents who would be willing to face arrest.

“This whole legal battle has put a halt onto what otherwise would have been a confrontation much sooner. It’s delayed it in some ways. It depends on where the court battles continue,” he said.

“But I think at the end of the day there are a number of people who are willing to do a lot to defend this coast.”T

Khelsilem noted B.C. has a long history of civil disobedience. More than 200 people were arrested at protests in Burnaby in spring of 2018, including Green Party Leader Elizabeth May and Kennedy Stewart, who was elected Vancouver mayor later that year.

Bev Manuel, who is part of a group called the Tiny House Warriors, said a handful of small homes have been built along the pipeline construction route in an effort to protect unceded Secwepemc territory in Blue River, B.C.

“We’ll do what we have to do to deter them,” she said, adding they have plans to build three additional homes and expect more opponents to join them in the coming weeks and months.

Trans Mountain Corp. said in a statement that “expressions of opinions” about the project must respect the terms of an injunction against anyone blocking access to the Burnaby terminal.

“We respect the right to peacefully protest and there are many ways to express opinions in a safe and lawful manner,” it said.

READ MORE: Federal court dismisses Indigenous challenge of Trans Mountain pipeline expansion

The Federal Court of Appeal decision noted Canada invited 129 Indigenous groups to participate in consultations and, in the end, more than 120 either support the project or do not oppose it. As well, 43 First Nations have signed benefits agreements with Trans Mountain.

Construction on the federally owned project is underway at terminals and pump stations in B.C. and Alberta and pipe is being laid in the Greater Edmonton area.

However, the company cannot lay pipe in areas where the Canada Energy Regulator has not yet approved the detailed route. Overall, 68 per cent of the route has been approved, but that figure drops to about 12 per cent in Metro Vancouver and no approvals have been given in the Fraser Valley.

Oral detailed route hearings kicked off last week in Spruce Grove, Alta., and others are scheduled later this month in Edmonton and Kamloops, B.C.

Hearings for the route stretching from south of Kamloops through to Burnaby are expected this spring and summer but dates have not yet been set.

The most recent construction schedule filed for the project spans through June. The work planned for B.C. includes pipeline construction in the Kamloops area as well as a crossing on the Fraser River in the Lower Mainland.

Listen below: Former federal natural resources minister Amarjeet Sohi speaks to 630 CHED’s Ryan Jespersen about the latest developments surrounding the Trans Mountain pipeline.


Locust invasion threatens wildlife and livelihoods in Kenya

by Tim Knight, Fauna & Flora International

Credit: Vladimir Wrangel/AdobeStock

Kenya is bracing itself for a humanitarian and conservation catastrophe in the wake of a desert locust invasion on an unprecedented scale. The infestation is already affecting more than a quarter of the entire country and in danger of wreaking havoc nationwide.

While the size of these swarms has not yet swollen to apocalyptic levels, there are fears that numbers could reach plague proportions if the insects are not effectively controlled, with potentially dire consequences not only for community livelihoods but also for some of the continent's most iconic wildlife.

The swarms now invading Kenya arrived from Somalia and Ethiopia, where they have already caused widespread devastation of crops and grazing land before moving south and then west on the prevailing winds.

Sera Wildlife Conservancy, a long-standing partner of Fauna & Flora International (FFI), recently found itself directly in the path of these insatiable invertebrates.

This community-run conservancy is a key member of the wider Northern Rangelands Trust consortium that FFI helped to establish in 2004. It harbors a small but crucial population of the critically endangered eastern black rhino, happily augmented when a new calf was born there in late 2019.

The locusts descended on Sera shortly before dusk on January 22nd, and roosted overnight in the trees before flying away around noon the following day, much to the relief of conservancy staff and nearby communities. Rangers who witnessed their arrival described the flying swarms as "moving clouds" and 'thick, white smoke." The damage caused during their mercifully brief feeding frenzy has yet to be fully assessed, but the main concern is what might happen if they return.

Locusts blanket the ground in Sera Wildlife Conservancy. Credit: Sera

"We've never witnessed anything like this before," said Reuben Lendira, Sera's Conservancy Manager. "This is the first invasion since the establishment of the conservancy. Though the locusts have only been in the conservancy for a few hours since their arrival in northern Kenya at the end of last year, we remain concerned as they are present in neighboring areas and there are chances that they will keep visiting us."

A single desert locust consumes its own body weight in food in a day. Half a million of these insects—a tiny percentage of the average swarm—will devour as much vegetation as ten elephants in just 24 hours. It is easy to see how quickly an entire landscape could be denuded and defoliated, posing a serious threat to the survival of large herbivores throughout Kenya, included those at Sera. In addition to serving as a vital rhino sanctuary, the conservancy also provides protection for other threatened wildlife, including African elephant, lesser kudu and reticulated giraffe.

Locust outbreaks are a natural phenomenon—triggered by abundant rainfall and the plentiful vegetation that results—but there seems little doubt that a prolonged spell of extreme weather has played a role in this instance. Unseasonal torrential downpours in the Arabian Peninsula precipitated by a series of cyclones (a symptom of our changing climate) were followed by further extended bouts of heavy rain, creating ideal conditions for successive generations of locusts to breed within a very short timeframe.

The sheer scale of the infestation in Kenya is difficult to comprehend from the ground, but one swarm alone was estimated by the UN's Food and Agriculture Organization (FAO) to cover 2,400 square kilometers—an area almost the size of Paris.


If unchecked, locust numbers could reach plague proportions
 within six months. Credit: Vladimir Wrangel/AdobeStock
The locust invasion could spell disaster for threatened
 herbivores such as the lesser kudu. 
Credit: Juan Pablo Moreiras/FFI

But even swarms of this size are just the tip of the antenna compared to what could be in store. It is conceivable that locust numbers, if unchecked, could increase 500-fold within six months, with cataclysmic consequences for crops, pasture, people and wildlife.

To date, localized aerial spraying—using chemicals that are purportedly safe for other wildlife and humans—has failed to contain the invasion. As a result, people on the ground are taking things into their own hands, using more harmful pesticides that could have a serious environmental impact.

Despite reassurances, concerns remain about the possible health implications for wildlife—and humans—when they feed on sprayed vegetation, or drink from water sources contaminated by pesticides.

The invasion has not yet spread to Kenya's food-producing regions, but pastoralist communities including those in and around Sera are understandably nervous about losing the grazing land on which their livestock depend. The locust invasion poses a real threat to conservation, livelihoods and security in northern Kenya, according to FFI's Josephine Nzilani: "Under conservancy grazing plans, pasture is divided into dry and wet season grazing areas, but the locusts could upset this regime. If wet season grazing areas are plundered, herders may be forced to resort to dry season grazing areas, meaning they won't have areas to graze when the dry season comes. They will have to migrate to other areas, and this often leads to grazing conflicts."

It is hoped that control measures will be escalated nationwide in the coming days and weeks, before the swarms multiply to the point where they are unmanageable. In the meantime, Sera remains on red alert.

Locusts the latest curse of East Africa weather extremes

Provided by Fauna & Flora International


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