Pipeline project delayed by First Nation protest

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Intense talks between Halfway River First Nation and Petro-Canada have failed to put an end to the blockade of a Petro Canada drilling site in the Ladyfern area of northeastern British Columbia, where more than 30 companies are reported to be buzzing around new natural gas prospects.

The Treaty 8 First Nation started a peaceful protest against drilling on its traditional territory, about 80 kilometres northwest of Fort St. John, on Aug. 13. Chiefs from the region, including Halfway River Chief Bernie Metecheah, met with Petro-Canada officials on Aug. 23 and into the weekend.

Halfway River band councillor Bobby Jackson said Aug. 27 there was "no result" from that meeting and their road block was still up.

The band has support for the blockade from the Union of British Columbia Indian Chiefs (UBCIC) and some Alberta bands. They are looking for the federal government to get involved and they may seek international support.

They are demanding a cessation of resource development on their traditional lands until "an independent and comprehensive cumulative environmental impact assessment" is done with Halfway River First Nation's participation.

"They have to monitor better," said Jackson. That's because the game Native people depend on is becoming much scarcer as a result of the stress on the land.

"There has to be a program where our people, the First Nation, get involved and make sure the job is done right, and doing monitor work and things like that along with the companies."

Jackson said it is possible to manage the resources and have development and jobs too if the First Nations, industries, and federal and provincial governments work together.

Petro-Canada spokesman Chris Dawson said Petro-Canada has worked in the region for four decades and it came as a surprise to them when the band blocked road access to their site.

"Our immediate priority is to see the removal of the blockade. We're committed to continued discussions and trying to resolve some of these issues, but we won't do that under duress."

Jackson said, however, "if we let Petro Can off on certain things, all the other companies are just going to come in and start walking all over us." He said the whole community is determined to stand together and not let that happen.

He said the company did some clean-up around the well site and deposited some gravel "so the media won't be able to see it." But "there's things more serious than that." For example, he noted a detrimental effect on vegetation and a decrease in the number of birds. He also mentioned several locations in their treaty lands with crosses erected that are sacred to the people.

"Our great dreamers of our ancestors had foreseen this with their dream, that there would be industry, development coming in. . . . They saw the future of our people and that's where we're at today, fighting with industry. And the province has to come and meet with us and address these concerns."

Dawson said there is a precision rig on the site that went up prior to the final stages of completing the well, which is ready to be moved. "Our first priority is seeing that rig moved out from behind the blockade." He said the band had indicated that would be allowed.

He wouldn't speak about the outstanding issues. "We've agreed with Halfway River First Nation not to discuss the specifics of the negotiations, but in a larger context . . . historical treaty rights. There are things like access to Crown land or Crown roads that go through or are on traditional . . . land use areas. There are also concerns about the cumulative impact of the petroleum industry."

The other parties with a role in the controversy are the provincial oil and gas commission, which approved the pipeline application, and the province itself, represented by Richard Neufeld, B.C.'s minister of Energy and Mines. Petro Canada has also talked to the Department of Indian Affairs and Northern Development.

"I think there is no question that certainl northeastern British Columbia has become a real focus of the petroleum industry," Dawson continued, "because of its productivity, and that's reflected in the increased discoveries and the amount of gas that's being shipped from that area and the amount of monies being paid to the government in the form of royalties and other dispensations."

The industry wants to see "a more proactive role by the British Columbia government and the oil and gas commission to address that increase in activity."

That is because "some of the issues they're raising are beyond Petro-Canada's ability to resolve."

Minister Neufeld, who lives in Fort St. John, said he has not personally visited the Halfway River community recently.

To address the band's concerns with petroleum industry activities he said, "People in the ministry have those responsibilities. So far, my capacity as minister is not to go to each individual band to cut any kind of deals."

He said his staff keeps the ministry of the attorney general informed.

"What we're trying to do is to get some better understanding with all of Treaty 8. It's not just the Halfway band . . . over issues around treaties. Treaties are important to us as they are to the Native people that live on the reserves where I come from. I can tell you that probably their desires are no different than the ones that I encounter when I have in the past gone to municipal councils. Everybody wants the larger share from the revenue from oil and gas. I understand that, because for many years the northeast has not received back what it should."

Neufeld added he was aware of the terrible roads and transportation problems that were limiting development prospects for all stakeholders in the northeastern part of the province. He described the road into the Halfway area as "atrocious." He said that was something he was prepared to do something about, but he had been in government less than three months.

Halfway River, however, is afraid that if development contnues by Petro Canada and other resource companies in the region, the additional feeder pipelines, roads and gas wells will open up the territory for increased numbers of non-Native hunters on ATVs.

Their immediate concern is that if Petro-Canada's 23 kilometre pipeline goes through, four out of seven of the band's established hunting camps on the North Road will be destroyed. They say oil and gas exploration ruins traplines, drives away game animals and breaks up animal habitat.

Elder Edward Achia said "This hunting camp is one of our most sacred areas and is dear to our people. It is our food basket for elk, deer and moose."

Neufeld had this to say regarding an environmental impact assessment:

"I don't know exactly, what does that mean? Does that mean on the whole northeast? Does that mean on all of British Columbia? Does that just mean their (Halfway River's) traditional territory?

"So, I mean, that's new to me. I'm sure that everyone would like a study done of exactly what could be done, and so would all the other people that live in northeast B.C. Maybe everyone would like a study done on exactly what's happening to them healthwise or everything, but then the flip side is that everybody enjoys the revenue that's generated by that activity and the health and education and social service part of the budget that comes along with it."

Neufeld said the people in his ministry who are addressing Halfway River's concerns do not give him daily briefings but they keep him "fairly well abreast of everything."

Neufeld was unwilling to speak about particulars, and said his ministry would not "negotiate the treaties or the [Memorandums of Understanding] through the newspapers."

None of the parties would say what had been the flash point for the current dispute between Halfway River and Petro Canada after "77 days of negotiation," as Neufeld described it.

Halfway River also wants the federal government to "live up to its fiduciary responsibility and negotiate the intepretation and implementation of our treaty rights," but so far has not heard from Minister Robert Nault.

Colleen Sweet, with the Stakeholder Relations and Communications Branch of the Oil and Gas Commission, provided a chronology of the Petro Canada pipeline file, which supports the contention the company met all regulatory requirements for the project.

According to the commission, on April 3 it received an application for the pipeline. The next day, the commission consulted with Halfway River First Nation about potential treaty infringement.

On April 24, Halfway River notified the commission it was not concerned about the pipeline but said it wanted to be included in the archaeological assessment process. The commission contends that as a result of an "arch assessment," that was done, traditional use sites were identified.

On May 5, Petro Canada amended the pipeline application to avoid a traditional use site and consulted with the First Nation again. On May 15, Sweet said, the First Nation again expressed no concerns with the project. On June 14, Petro Canada completed the archaeological assessment, and on June 19 the commission approved the application.

Jackson said "this pipeline they put in, they went and done some work with a couple of our monitors. They didn't give them the go-ahead or anything. They (Petro Canada) just went ahead and started development and we came in and blocked them off. Because they were going right through our camps."