The Coastal First Nations and the Council

THE COASTAL FIRST NATIONS AND THE COUNCIL 

and hereditary leadership of the Gitga’at First Nation have launched a constitutional challenge against British Columbia to compel the province to exercise its decision-making power over the Enbridge Northern Gateway Pipeline. The petition says B.C. is required to review the impacts of the project and make a decision as to whether it should proceed and, if so, on what conditions.

The lawsuit argues that B.C. failed to consult with First Nations and failed to follow the British Columbia Environmental Assessment Act when it entered into an “Equivalency Agreement” with the federal National Energy Board. Through that agreement, the province abdicated its power to review the project’s environmental effects and to impose more stringent environmental protections, First Nations leadership insist.

“The province signed the Equivalency Agreement without any consultation with First Nations, even though the Northern Gateway project could have devastating impacts on our rights and way of life,” said Arnold Clifton, chief councillor of the Gitga’at First Nation. “Our territories are within the shipping route that would be used by hundreds of tankers each year. In abdicating its decision-making power, the province is putting coastal communities at risk of the severe and irreversible harm of oil spills and oil tanker traffic.”

The Gitga’at First Nation and Coastal First Nations are bringing a direct challenge against the Equivalency Agreement, which they argue was made in violation of their constitutionally protected rights and the Environmental Assessment Act itself.

The lawsuit contends that while the province was entitled to reduce duplication and overlap by participating in the federal assessment process, it was not entitled to abdicate its decision-making power over the project.