Image retrieved from: The Tyee
Tansi Nîtôtemtik,
This week we have been highlighting Indigenous groups who support the Trans Mountain Pipeline Expansion Project (TMX). However, there are also a number of Indigenous groups who do not support the TMX. Today, we will consider their concerns and the general protests surrounding the project.
In 2013, Kinder Morgan made an application to the National Energy Board (NEB) to expand the Trans Mountain Pipeline.[1] In November 2014, a protest blocked crews from drilling and surveying in a conservation area on Burnaby Mountain.[2] More than 100 people were arrested, and most of the charges were later dropped.[3]
In 2018, after the federal government had approved the pipeline, the Federal Court of Appeal overturned the approval due to a lack of consultation, specifically with affected First Nations.[4] Some of the concerns that have been expressed in connection to the TMX include concerns that it will inhibit Canada’s ability to meet its environmental obligations under the Paris Agreement, and concerns over the impact a potential spill would have on drinking water, salmon and coastal wildlife, and communities along the pipeline’s route.[5]
One nation opposed to the pipeline expansion is the Squamish First Nation. The Squamish First Nation “is a Coastal Salish Nation whose territory includes Burrard Inlet, English Bay, Howe Sound, the Squamish Valley and north to Whistler.”[6] The TMX would pass through Squamish territory. The Squamish First Nation relies on the marine and aquatic environment and they are concerned about the impact the TMX will have on it.[7] Of particular concern is the survival of the Southern Resident Killer Whale, “a species of cultural and spiritual significance to the Nation.”[8] The Squamish First Nation asserts that the duty to consult in this case is more onerous because TMX is so close to the marine environment they rely on.[9]
A second community opposed to the project is the Coldwater Indian Band, which is a member of the Nlaka’pamux First Nation. While the majority of the TMX expansion is set to follow the path of the original pipeline, the TMX would diverge from the original route in the Coldwater River valley, the home of the Coldwater Indian Band.[10] The proposed route runs along a part of the Coldwater reserve which acts as the “recharge zone of an aquifer that is the sole source of drinking water for 90% of Coldwater residents.”[11] Further, the Kwinshatin and Skugam creeks, which feed the aquifer and the Coldwater river, have spiritual significance to the Coldwater people.[12] They are used for spiritual bathing and for sweat lodges.[13]
A third nation opposed to the TMX pipeline is Tsleil-Waututh First Nation. Tsleil-Waututh First Nation has a deep cultural and spiritual connection to the Burrard Inlet, an area to be impacted by the TMX.[14] The TMX would increase the amount of marine traffic in the area where the Tsleil-Waututh First Nation traditionally harvests.[15] Further, the Tsleil-Waututh First Nation have a cultural relationship with the Southern Resident Killer Whales, a species that may be impacted by the TMX development.[16] The Tsleil-Waututh First Nation has noted that they do not believe the federal government has met their duty to consult.[17]
In arguments before the Federal Court of Appeal in Coldwater et al. v Canada (Attorney General) et al., counsel for the Tsleil-Waututh First Nation argued that Canada “barged ahead” with the TMX project even though issues brought forward by First Nations have not yet been addressed.[18] Counsel for the Coldwater Indian Band argued that the decision to approve the TMX “cannot be honourable and cannot be in the public interest.”[19] Recently, the Federal Court of Appeal dismissed the appeal.[20] First Nations groups involved in the case have since expressed their disappointment with the decision. Squamish Nation elected councillor Khelsilem Tl'aḵwasik̓a̱n stated: “We’ll continue to fight to enforce our jurisdiction within our territories.”[21] Rueben George, a spokesperson for the Sacred Trust Initiative of the Tsleil-Waututh Nation, stated: “Reconciliation stopped today… this government is incapable of making sound decisions for our future generations.”[22] Parties in the case are now left with the option of appealing to the Supreme Court of Canada.[23] We will be providing an in depth discussion on the case tomorrow.
It is important to understand the concerns raised by Indigenous communities opposed to the pipeline. In this time of reconciliation, following the release of the Truth and Reconciliation’s Final Report, it is essential that Indigenous concerns over projects impacting their land, culture, and spirituality are heard and effectively addressed. Improper consultation works directly against reconciliation and perpetuates the detrimental impact of colonialism.
Until Next Time,
Team ReconciliAction YEG
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[1] CBC News, “Timeline: Key dates in the history of the Trans Mountain pipeline”, (3 October 2018) CBC News, online: <https://www.cbc.ca/news/canada/calgary/timeline-key-dates-history-trans-mountain-pipeline-1.4849370> [CBC News].
[2] Ibid.
[3] Ibid.
[4] The Council of Canadians Acting for Social Justice, “Trans Mountain Pipeline”, The Council of Canadians Acting for Social Justice, online: <https://canadians.org/trans-mountain> [The Council of Canadians Acting for Social Justice].
[5] Ibid; Pull Together, “Meet the Nations Fighting TMX”, Pull Together, online: <https://pull-together.ca/about-copy/> [Pull Together].
[6] Ibid.
[7] Ibid.
[8] Ibid.
[9] Ibid.
[10] Ibid.
[11] Ibid.
[12] Ibid.
[13] Ibid.
[14] Ibid.
[15] Ibid.
[16] Ibid.
[17] Ibid.
[18] Ian Gill, “At the TMX Pipeline Hearing, the Sham of ‘Consultation’ Laid Bare” (19 December 2019) The Tyee, online: <https://thetyee.ca/Analysis/2019/12/19/TMX-Pipeline-Hearing/>.
[19] Ibid.
[20] Federal Court of Appeal, 2020 FCA 34 Summary, online (PDF): <https://www.fca-caf.gc.ca/fca-caf/pdf/Coldwater-v-Canada-2020-FCA-34-summary-FINAL.pdf>.
[21] Andrew MacLeod, “First Nations Vow to Fight on after Trans Mountain Defeat” (4 Feb 2020), online: <https://thetyee.ca/News/2020/02/04/First-Nations-Vow-Fight-Trans-Mountain-Federal-Court-Defeat/>.
[22] Ibid.
[23] Supra note 20.
