Carrier Sekani file federal suit re Gateway Pipeline

Carrier Sekani Tribal Council commences federal court challenge in Enbridge Gateway pipeline project
News Release, Carrier Sekani Tribal Council, 26-Oct-2006

CSTC Filed Notice of Application

Native suit might delay pipeline
David Ebner, Globe and Mail, 26-Oct-2006

Dakelh Territory/Prince George, BC- The Carrier Sekani Tribal Council (CSTC) has filed an application in Federal Court challenging the decision of Minister of the Environment, Rona Ambrose to appoint a Joint Review Panel with the National Energy Board in the environmental assessment of the proposed Enbridge Gateway Pipeline project.

The CSTC has asked the Court to overturn the Minister's September 29th decision which was made without consultation with the CSTC, despite a series of requests for consultation made by CSTC, commencing in January 2006.

Approximately 450 km of the proposed pipeline would cross the traditional territory of the CSTC, to which the CSTC claims aboriginal rights and title and which remains unresolved in the B.C. Treaty Process.

The CSTC has written to the Minister of the Environment and other federal Ministers on several occasions to express its concern about the profound impacts that the project would have on the CSTC, and asking that the CSTC have a role in decision-making with respect to Enbridge's proposal.

CSTC Tribal Chief David Luggi said: "The Crown has completely given us the run-around since January. We've tried hard to have a reasonable discussion about a process that would work for First Nations. This project raises too many important questions to allow the Crown to ignore their legal duties to us in our territory."

Tribal Chief Luggi continues to be open to constructive discussion with the Crown but vows: "First Nations will not be ignored on this project."

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Contact:
David Luggi, Tribal Chief CSTC (250) 562-6279
Gregory McDade, Q.C. (legal counsel) (604) 988-5201

CSTC Filed Notice of Application

Minister of Environment announcement of Joint Review Panel, 29-Sep-2006

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DAVID EBNER
Globe and Mail
26-Oct-2006

CALGARY -- A group of first nations along Enbridge Inc.'s proposed $4-billion Gateway oil sands pipeline are suing the federal government, accusing Environment Minister Rona Ambrose of failing to consult with aboriginals regarding a three-person joint review panel to evaluate the project.

The lawsuit likely means a delay for Enbridge, a significant issue that comes on top of the fact that the pipeline company still hasn't signed long-term shipping contracts for the 1,150-kilometre connection between Edmonton and the coast of British Columbia to export oil sands to China. Gateway is the key part of Enbridge's growth strategy.

The Carrier Sekani Tribal Council, representing 5,000 people in seven first nations covering about one-third of the Gateway route, planned to file its notice of application in Federal Court in Vancouver by this morning.

The federal government announced the joint review panel in late September. The Carrier Sekani had asked Ottawa several times this year to be involved in the talks that led to a panel decision, but was ignored, they claim, arguing in the lawsuit that the project would have "profound impacts upon [Carrier Sekani's] aboriginal interests."

"The Minister has failed to meet her constitutional obligation to consult with the [Carrier Sekani]," the lawsuit says.

The lawsuit directly echoes action taken against the proposed Mackenzie Valley natural gas pipeline in 2004, which had been set to be in service in 2009, a date that now stands at late 2011, because of the legal action and various other delays.

The Dehcho First Nations, whose land covers more than a third of the Mackenzie route, filed two lawsuits against the federal government, complaining they had been unfairly excluded from the joint review panel process for Mackenzie. In July, 2005, Ottawa settled the legal action for $31.5-million.

Greg McDade, managing partner of Ratcliff & Co. LLP of Vancouver, is counsel to the Carrier Sekani and acted on behalf of the Dehcho as well.

The three-member joint review panel, of which at least two members will be from the National Energy Board, was created by Ottawa to co-ordinate the activities of the NEB and the required environmental assessment by several government departments under the Canadian Environmental Assessment Act.

In the notice of the joint review panel's creation, the federal government said the group's duties included involving aboriginal people in the process. Ottawa added that it planned "a separate and more detailed communication, independent of the joint review panel" in regards to aboriginal Crown consultation.

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