PETRONAS Pipeline Interest 11

To understand the escalating pipeline conflict between the Wet’suwet’en First Nation land defenders and Coastal GasLink, it is necessary to trace the line of financial interests behind this CAD $6.2-billion investment. According to CTV News on December 26, 2019 TC Energy announced the sale of a 65% share of this pipeline project to Kohlberg Kravis Roberts & Co and Alberta Investment Management Corporation (on behalf a number of its clients). In the oil and gas industry, pipeline infrastructure, which is located between extraction facilities and refineries/ export terminals, are referred to as the the ‘midstream’. Coastal GasLink is, in fact, the 3rd Oil ‘midstream’ Canadian infrastructure project that Kohlberg Kravis Roberts & Co (KKR) has invested in. You could say that the Canadian oil and gas industry has delegated the most contentious aspect of the industry, the aspect that involves traversing First Nations territory, to KKR. So who are they?

Well, as Joyce Nelson informs us, KKR is a Wall Street ‘private equity’ firm with Canadian headquarters in Calgary. It is a massive financial entity that is in the business of investing in companies that are facing difficult scenarios, eventually re-selling the equity, to make large profits. In Western Canada KKR now owns the Encana Corp. natural gas pipeline and also has a stake in SemCams Midstream, which owns and operates 700 miles of natural gas pipelines in partnership with Energy Transfer. Energy Transfer is the company that, notoriously, subdued indigenous protesters from at the Standing Rock reservation in the U.S. in 2016 by marshalling effective state-supported repression.

In short, as nelson notes, “KKR not only has a primary position in the midstream natural gas industry of Western Canada, it also has scandalously partnered with a company well-versed in stopping indigenous protests”. Further, as if to underscore its access to the apparatus of the state, KKR has appointed retired four-star U.S. general and former director of the CIA, General David Petraeus as chair of KKR Global Initiative, its own in house intelligence agency.

Indeed, in the conflict over Coastal GasLink’s passage across unceded Wet’suwet’en territory, the hereditary Chiefs of the Gilseyhu, Laksilyu, Tsayu, Laksamshu, Gitdumdenet bands and their supporters are valiantly facing-off against the mighty governments of BC and Canada, as well as the combined corporate interests of TC Energy Corp, LNG Canada (Shell, Petronas, PetroChina, Mitsubishi Corp, Kogas Canada), Alberta Investment Management Corporation, as well as those of the insidiously tentacular Kohlberg Kravis Roberts & Co.

Image https://www.foxnews.com/politics/petraeus-resigns-after-affair-with-biographer-turned-up-in-fbi-probe-fox-news-confirms

https://www.ctvnews.ca/business/tc-energy-to-sell-a-65-per-cent-equity-interest-in-coastal-gaslink-pipeline-1.4744497

https://www.counterpunch.org/2020/02/12/wall-street-invading-wetsuweten-territory/

PETRONAS Pipeline Interest 7

The Coastal Gaslink pipeline infrastructure that will connect the PETRONAS’ North Montney gas fields to the LNG Canada export terminal on BC’s West Coast must  pass through Wet’suwet’en territory and the Wet’suwet’en are objecting and resisting on the basis of Aboriginal title. In Delgamuukw v. British Columbia (1977) the Supreme Court of Canada court defined Aboriginal title as Indigenous peoples’ exclusive right to the land, and affirmed that such title is recognized as an “existing aboriginal right” in s.35 of the Constitution Act, 1982. The Canadian Encyclopedia notes however that, such rights as are recognized and affirmed are, however, not absolute and that Government regulation can infringe upon these if it meets the test of justification under s. 35(1)

Economic development through agriculture, mining, forestry and hydroelectric power, as well as the related building of infrastructure and settlement of foreign populations, are held to be valid legislative objectives that satisfy the justification requirement.  These legislative objectives are, nevertheless, subject to accommodation of the aboriginal peoples’ interests in accordance with the honour and good faith of the Crown. Such accommodation of “aboriginal title” entails notifying and consulting aboriginal peoples with respect to the development of the affected territory, as well as providing fair compensation.

https://www.thecanadianencyclopedia.ca/en/article/delgamuukw-case

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1569/index.do

https://qweri.lexum.com/w/calegis/schedule-b-to-the-canada-act-1982-uk-1982-c-11-en#!fragment/sec35subsec1

PETRONAS’ Pipeline Interest 6

Remixed from a map produced by Rick Tingey, January 2016

These are the proposed pipelines connecting the interior Northern BC oil and gas fields (where PETRONAS’ North Montney gas fields are amongst the largest) to export terminals on provinces West coast (where PETRONAS owns 25% of the massive LNG Canada investment ). Three of these pipelines pass through Wet’suwet’en territory and the Wet’suwet’en are objecting and resisting. In their favour and against the push for these pipelines is the Delgamuukw Case (1997) in which the Supreme Court of Canada upheld the claim of 48 Gitxsan and Wet’suwet’en hereditary chiefs against BC and Canada to affirm Aboriginal rights, title to Aboriginal lands and the duty of governments to consult. 

Image: http://lnginnorthernbc.ca/index.php/proposed-projects/

https://www.ictinc.ca/blog/delgamuukw-gisdaway-reason-consult

PETRONAS’ Pipeline Interest 4

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.”

Image: https://thetyee.ca/News/2019/12/20/RCMP-Planned-Snipers-Wetsuweten-Pipeline-Protest/

https://www.ubcic.bc.ca/media_advisory_legal_complaints_filed_against_rcmp_exclusion_zone?fbclid=IwAR2w6R-Zw7h658BYlhnrlMa1BT2xoX1qlR8yEDkl-GUdufzeeYuCR1bl_HM

LNG Pipeline vs Wet’suwet’en

PETRONAS is now a partner in the LNG Canada Kitimat project which involves building an export terminal intended to get natural gas from the North Montney fields to market in Asia. The Coastal Gaslink Pipeline connecting Dawson Creek to Kitimat is an essential part of the overall scheme. Gas from PETRONAS’ own North Montney fields to be delivered via the North Montney Mainline to join the Coastal Gaslink Pipeline at Dawson Creek. While there has been extensive first nations buy-in into the project, including from the elected Wet’suwet’en band council, the hereditary Chiefs of the Wet’suwet’en nation, who claim responsibility for off-reserve affairs and for the stewardship of the larger territory through which the pipeline must pass have voiced serious objections. The Wet’suwet’en have established an Unist’ot’en checkpoint at in 2009 and have steadily developed the Unist’ot’en healing camp over the years. More recently and a second check point was established at neighbouring Gidimt’en to resist the passage of the pipeline.

So what is the significance of the blockade given the injunction and the overwhelming momentum of the provincial/ national /corporate resource agenda? Much of the land of  British Columbia was settled without treaties being reached with the respective First Nations. In a decision of the Supreme Court in Delgamuukw vs. British Columbia (1997), it was held that that Aboriginal title to land can be established if an Indigenous nation could prove exclusive occupation when the Crown asserted sovereignty. Delgamuukw did not however settle the Wet’suwet’en land claim and as such, it will require another trial to resolve the matter. According to law professor Kent McNeil, as reported in Houston Today, it is in this light that the hereditary Chiefs of the Wet’suwet’en are “asserting their title on the ground and they’re saying you can’t do this without consent because it passes through our territory.”

According to the Tyee, on January 7th, in pursuance of a court injunction against the two checkpoints (not the healing camp as it is not in the way of the pipeline), the Royal Canadian Mounted Police (RCMP) tactical unit breeched and dismantled the Gidimt’en checkpoint, arresting 14 protesters.  According to The Interior News, the Wet’suwet’en hereditary chiefs have negotiated with the RCMP to allow Costal Gaslink workers passage through the Unist’ot’en checkpoint for the duration of the injunction which lasts till May 1st 2019. As with PETRONAS’ previously aborted solo project on Lelu Island, their current joint venture in British Columbia’s LNG sector faces the vicissitudes of Canadian Law and politics in the context of our colonial legacy. If it is established that the Wet’suwet’en have Aboriginal title, then, according to Kent McNeil, the Provincial and Federal governments would need their consent before approving resource activities on this land. Even if such a finding of title is not arrived at, as with the previous PETRONAS project, indigenous resistance and the due process may cause enough delay for the joint venture LNG Canada project to run into the ever imminent ‘unfavourable conditions’ in the ever volatile market.

Image: https://www.cbc.ca/news/canada/british-columbia/kitimat-mayor-defends-lng-project-1.4971781

http://www.coastalgaslink.com/

https://www.reuters.com/article/petronas-canada/petronas-says-involved-in-transcanadas-proposal-to-build-north-montney-mainline-extension-idUSL3N1R524E

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1569/index.do

https://thetyee.ca/Analysis/2019/01/08/LNG-Pipeline-Unistoten-Blockade/

https://www.interior-news.com/news/hereditary-chiefs-negotiate-injunction-agreement/

https://www.houston-today.com/news/unresolved-land-claim-at-heart-of-wetsuweten-pipeline-opposition/

 

the Neoliberal Economy Stupid

4 Tunai itu RajaIn the run-up to Malaysia’s 14th General Elections, 2018, Machiavellian maestro Mahathir Mohamad deployed the slogan Cash is King! to devastating effect against then incumbent Prime Minister Najib Razak, imbricating him in a narrative of shameless corruption. While the matter of Najib’s corruption is yet to be heard in law, it has been decided in public opinion, as Mahathir has now, at 92 years of age, returned as the oldest serving Prime Minister in the world. Mahathir’s meme imprinted in popular Malaysian consciousness the sense (regardless of veracity) that Najib’s corruption was qualitatively worse that anything that had transpired before, much of which had happened under Mahathir’s own watch.

The question of corruption is also currently under the spotlight in Canada by way the ongoing SNC Lavalin affair, in which it is alleged that the Prime Minister’s Office’s (PMO) put pressure upon the Attorney General of Canada to act in the interest of the said corporation in a criminal matter. (Please see my previous post for a Key to the SNC Lavalin Affair) The question at hand is whether this pressure was exerted on the  Attorney General, in an improper manner, vis-a-vis the ‘Rule of Law.’ The stakes, for the time being, appear to be ‘merely’ political.  Whether or not this pressure broke federal obstruction-of-justice laws is not as yet in question. It appears, however, that the Royal Canadian Mounted Police has been urged to begin criminal investigations by five former Federal and Provincial Attorney’s General. Equally it appears that, it could be argued that in terms of the rules and values of our system there is no illegality, not even a scandal, just another Wilson-Raybould storm in another Trudeau teacup. This seems to be what seasoned commentator Bsuggests in her article, “Look Away. There’s no scandal here with SNC-Lavalin”  … just business as usual in accord with the norms of Canadian governance.

The point is that corruption is not confined to its legal definition. It arises within and operates through legitimate transactions of all kinds. In writing about bribery, law and morality, John Thomas Noonan has said that “the common good of any society consists not only in its material possessions but in its shared ideals. When these ideals are betrayed, … the common good, … suffers injury.” I suggest, with reference to Marx and Hugo, that it is the unbridled annexation of common material possessions as private property that constitutes the betrayal of the shared ideals and injures the common good. This is the corruption that is enshrined in the laws that uphold neoliberalism. Indeed, regardless of illegality, the effect of the unmitigated monetization of common possessions is degrading to our humanity.

The legality or propriety of a particular exertion of pressure or proffering of inducement, critical though it is in terms of the workings of a given society, is trivial in the face of the bending of governance, the making of laws included, to the will of a powerful section of actors. What good is the adherence to the Rule of Law, if the laws, whose rule is upheld, engender a stilted and degenerate social order …  Here in Canada and throughout the world, this seems to be the default operating mode of the neoliberal political economy – wherein, by fair means or foul, the monetization of common possessions reigns over the common good … but there are exceptions  …  There are indeed, some striking instances of resistance to the all enticing ‘Cash.’ … In 2015 Malaysian Oil and Gas giant PETRONAS offered the tiny Lax Kw’alaams community $1.15 billion in exchange for their support for the building of an LNG terminal on Lelu Island in the Skeena watershed, but the community categorically declined the offer. They refused to convert the common possessions into ‘Cash,’ showing British Columbians and Malaysians alike, that there are, indeed, alternative values and alternative ways.

The image above, titled  7 Cash is King!, is a visualization for a photograph that will be a part of the Berhijrah (Migration) Series of my Koboi Project. This image is being developed as a remix of Mahathir’s political slogan, Zig Zag’s powerful political cartoon and my own apolitical ‘black hat’ Cowboy.

https://www.malaymail.com/news/malaysia/2015/06/13/dr-m-najib-told-me-cash-is-king/914991

https://www.straitstimes.com/asia/se-asia/mahathir-sworn-in-as-7th-malaysian-pm

https://www.huffingtonpost.ca/2019/03/01/5-ex-attorneys-general-call-for-rcmp-probe-into-snc-lavalin-affair_a_23681656/

https://www.youtube.com/watch?v=IchVHyfBO9Y

https://www.theglobeandmail.com/opinion/article-look-away-theres-no-scandal-here/

http://blogs.worldbank.org/futuredevelopment/moral-dimensions-corruption

https://pressprogress.ca/near-monopoly-canadas-economy-is-dominated-by-a-small-handful-of-corporations-experts-warn/

https://www.theguardian.com/business/2016/sep/12/global-justice-now-study-multinational-businesses-walmart-apple-shell

https://www.theguardian.com/environment/true-north/2016/mar/20/by-rejecting-1-billion-for-a-pipeline-a-first-nation-has-put-justin-trudeaus-climate-plan-on-trial

https://warriorpublications.wordpress.com/2012/12/14/indian-act-chiefs-and-idle-no-more-snakes-in-the-grassroots/

 

 

 

 

 

 

A Key to the SNC Lavalin Affair?

new-chief cropIn a specifically Aboriginal perspective, Gord Hill (Zig Zag), a popular historian from the Kwakwaka’wakw Nation, addresses the corporate pressure on native governance in Canada. The caption to one of his powerful political cartoons addressing land tenure and band councils, in the context of the Indian Act reads “All Hail the New Chief – Chief Executive Officer that is!.” In this powerful expression of the complexities and complicities of contemporary native land tenure and economic development, it seems to me, that Zig Zag has given us a universally applicable image of the assertion of corporate will within neo-liberal regimes, where pressure is brought to bear on individual elected leaders, and whole polities even, through inducements and deterrents both legal and illegal. In the SNC Lavalin debacle we have a case-in-point. Here an elected indigenous leader, not just of her own people but of all Canadians, the Attorney General of Canada, was allegedly put under pressure in service of Lavalin’s corporate good.

At the end of her testimony to the House of Commons justice committee the former Attorney General states “…my understanding of the rule of law has also been shaped by my experiences as an Indigenous person and as an Indigenous leader. The history of Crown-Indigenous relations in this country includes a history of the rule of law not being respected. Indeed, one of the main reasons for the urgent need for justice and reconciliation today is that, in the history of our country, we have not always upheld foundational values such as the rule of law in relations to Indigenous Peoples. And I have seen the negative impacts for freedom, equality and a just society this can have first-hand.” It is, clearly, this indigenous perspective she must have of the sustained and insidious mechanism of influence, the co-option and/or coercion by the few, of those who are elected to serve the many, that made it impossible for Jodi Wilson-Raybould not to put her foot down for the rule of law, on behalf of all Canadians!

Image: https://warriorpublications.wordpress.com/2012/12/14/indian-act-chiefs-and-idle-no-more-snakes-in-the-grassroots/

https://globalnews.ca/news/5006450/jody-wilson-raybould-testimony-transcript/

 

 

Unlicensed PETRONAS Dams OK

pn_oct2018_dangerous-precedentThe 20-million-gallon Lily Dam, one of the two unlicensed dams for which Progress Energy received retroactive exemption from environmental review. Photo by Ben Parfitt.

In an earlier post I had noted that Progress Energy, now known as PETRONAS Canada had been accused of building two massive unlicensed dams  in violation of provincial environmental regulations. It has since been reported that that British Columbia’s Environmental Assessment Office (EAO) allowed these massive unauthorized dams to be exempt from environmental assessments. According to Ben Parfaitt in Policy Note these dams had previously been described in internal documents of the very same EAO as being ‘illegal works’. This is a disturbing precedent because there are other unlicensed dams in the gas fields of Northern BC that stand to be given the same kind of retrospective exemption. This move by the EAO is indicative of the dominance of corporate interests generally, and PETRONAS’ imperatives in particular, within the provincial administrative process.

According to the Globe and Mail, the B.C. Sierra Club, which is a conservation group, is suing the British Columbia government to get these retrospective exemptions revoked. Olivia French, the lawyer representing the B.C. Sierra Club has stated that “Progress Energy acted with a bit of disregard for B.C.’s laws — one of those typical, ‘Ask for forgiveness, not for permission’ sort of positions.” As Green Party MLA Sonia Furstenau has said that the EAO’s decision to grant Progress’s extraordinary request for retrospective exemption fuels public distrust of the relationship between government and the powerful industries it regulates.

Image https://thetyee.ca/News/2017/05/03/Petronas-Unauthorized-Dams-Fracking/

http://www.policynote.ca/drain-it-petronas-subsidiary-ordered-to-take-action-at-two-controversial-fracking-dams/

https://www.policyalternatives.ca/newsroom/news-releases/public-inquiry-needed-properly-investigate-deep-social-and-environmental

Nations Ban Fracking

irelandWhile the province of British Columbia endorses extensive fracking activities in the course of its LNG industry, environmental and health & safety concerns are being acknowledged by a growing number of national governments around the world. In June 2017 the Irish parliament passed legislation that outlaws this resource extraction technique. According to  EcoWatch. Ireland follows France, Germany and Bulgaria in legislating against fracking.  Tony McLoughlin, who introduced the legislation as a private member’s bill is reported to have said, “If fracking was allowed to take place in Ireland and Northern Ireland it would pose significant threats to the air, water and the health and safety of individuals and communities here. Fracking must be seen as a serious public health and environmental concern for Ireland”. Either he is wrong or the province of British Columbia is is well down the wrong track!

Image: https://www.irishnews.com/news/2017/06/30/news/outright-ban-on-fracking-in-ireland-should-be-implemented-in-the-north-1071027/
https://www.ecowatch.com/ireland-ban-fracking-2450255362.html

PETRONAS Confirms!

flag

On July 13 2018, LNG Canada formally welcomed PETRONAS as their  fifth Joint Venture participant. According to Energycity.ca  “Petronas is now an official partner in the consortium that is proposing to build a $40 billion liquified natural gas export terminal in Kitimat”. Petronas subsidiary Progress Energy will take a 25 percent stake in the LNG Canada development, which is still subject to regulatory approvals. Shell will lead the consortium with a 40% stake. The other partners are  PetroChina, Mitsubishi Corp. and Kogas Canada. As I noted in a previous post there are implications for national, trans-national relationships and intra-national relations. This investment will be closely aligned with the Coastal GasLink pipeline that TransCanada is building to transport the natural gas from Dawson Creek to Kitimat. Some members of the Wet’suwet’en nation of Canada have built a healing camp in the path of the pipeline. To acknowledge the changing scenarios in Malaysia and in BC I have changed the colours that brand this blog.

https://www.facebook.com/LNGCanada/photos/a.412970468894663.1073741827.412705752254468/911746075683764/?type=3&theater

https://www.energeticcity.ca/2018/07/petronas-now-officially-a-partner-in-lng-canada/

http://www.coastalgaslink.com/