First Nations: NEB Kinder Morgan process unconstitutional

Constitutional challenges seem likely if the federal government approves Kinder Morgan’s Trans Mountain pipeline.

On Friday, Squamish Chief Ian Campbell presented a letter to the Harper government outlining the process’ defects. That letter, signed by twelve First Nation leaders, stated they are “wholly dissatisfied” with the Crown’s approach to consultation and called on the Crown to develop a meaningful consultation process.

The allegations of unconstitutionality include: failure to consult about the NEB process; use of written information requests rather than live cross examination of witnesses; insufficient capacity funding; and no guidance regarding how consultation will occur following the NEB’s recommendation.

Brenda Gaertner, counsel for the Tsawout First Nation (part of the Saanich First Nation), which testified on Friday, told the NEB panel that consultation must occur on a government to government basis and not through a technical regulatory process. In addition, she said, consent is required by Section 35 of the constitution, the Douglas Treaty and international law.

Original Article
Source: vancouverobserver.com/
Author: Carrie Saxifrage

National Energy Board panel’s assurances to Tsawout First Nation ring false

Tsawout First Nation elders testified to the NEB panel that tanker traffic from the twinning of the Trans Mountain pipeline will violate their right to “fish as formerly” under by the Douglas Treaty. It would also violate Section 35 of the constitution, and international law and destroy the First Nation’s ongoing project to revitalize traditional fishing methods.

The Tsawout were known as “the salt water people,” in part due to their unique practice of reef net fishing. They set up nets anchored to the bottom and fixed to canoes in special sites that had the right combination of underwater topography, tidal currents and salmon runs. The method of fishing was taught to them by a young man, a salmon incarnate, who married a Tsawout princess and lived in their village until the couple returned to the sea. Nick Claxton, who holds a Master’s degree in Indigenous Governance, is working a doctoral dissertation on revitalizing reef net fishing at University of Victoria.  All of the traditional reef net sites are adjacent to the tanker route.