According to a media advisory issued on January 14, 2020, a legal complaint has been filed by the BC Civil Liberties Association. with the Civilian Review and Complaints Commission, against the RCMP Exclusion Zone established at the 27km mark on the Morrice Forest Service Road West in the Wet’suwet’en territories. This exclusion zone has been set up in the context of an escalation of the conflict around the passage Coastal Gas Link (CGL) pipeline . As I have noted before Malaysia’s PETRONAS’ investment in Kitimat is totally dependant on this CGL pipeline which will transport natural gas from PETRONAS’ own North Montney fields.
Harsha Walia, Executive Director of the BC Civil Liberties Association has said, “We are extremely concerned about the use of exclusion zones prohibiting Wet’suwet’en people, the public, and media from accessing Wet’suwet’en territories. The Wet’suwet’en assert continuous jurisdiction and unextinguished rights and land title, and the Charter protects liberty, mobility, freedom of the press, and the right not to be arbitrarily detained. This exclusion zone constitutes a serious violation of both the Indigenous rights and Charter-protected rights of Wet’suwet’en people and their family members,”
Further, the Union of BC Indian Chiefs Grand Chief Stewart Phillip, “We expect the provincial government and BC RCMP to honour the Supreme Court of Canada’s precedent-setting Delgamuukw/Gisday’way case and the United Nations Declaration on the Right of Indigenous Peoples in all their decisions and actions. For Wet’suwet’en people to be denied access to their own territories as a result of a police exclusion zone smacks of outright racism and the colonial-era pass system sanctioned by the so-called rule of law, which our people survived for far too long.”
There are reported to be at least 51 unregulated and unapproved dams in Northern BC built by oil and gas companies for their fracking operations. The two largest facilities, Lily Dam and the Energy Town Dam, both over 15 meters tall, are operated by PETRONAS subsidiary, Progress Energy Canada Ltd. The scale of these dams means that they should be classified as ‘major projects‘ under BC’s Environmental Assessment Act. requiring that they be assessed by the Assessment Office (EAO) prior to construction. On Oct. 31 2017 the provincial Environmental EAO rejected an application by the company seeking to exemption for these structures from an environmental assessment.The dams have reportedly been operational for many years under the watch of the previous Liberal government and the new NDP Energy, Mines and Petroleum Resources Minister Michelle Mungall is reported to have stated that their government is “reviewing the details in order to strengthen oversight going forward,”
On Oct 10th this year, while the Progress Energy application for exemption was still in progress, Okanagan Indigenous leader, Grand Chief Stewart Phillip and Ben Parfitt of the Canadian Centre for Policy Alternatives wrote that “If the EAO grants Progress’s request, it sends a terrible signal that BC really is the Wild West. Rules and regulations are simply there to be ignored.” While the EAO has finally applied its own rules, saving us from the Wild West designation, this decision leaves us wondering, how well the authors’ terms, applied to our province in the preceding years of Liberal rule. More pertinently, it leaves us wondering if, under the new NDP/Green regime, we will finally get the proper oversight of such dams and if in future there will be prior consultation with the First Nations on whose traditional lands they are being built.