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/

 

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/

 

 

PETRONAS Canada

petronas-canada

In an earlier post I had noted how on July 13 2018, LNG Canada formally welcomed PETRONAS as their fifth Joint Venture participant and how this investment was connected with TransCanada’s Coastal GasLink pipeline that is building to transport the natural gas from Dawson Creek to the LNG Canada terminal in Kitimat.  Much of the gas to be transported to market via the pipeline and terminal will , of course, come from  PETRONAS owned Progress Energy’s own gas fields in the North Montney area. On November 22, 2018 Progress Energy Canada Ltd. changed its name to  PETRONAS Energy Canada Ltd. (PETRONAS Canada). Mark Fitzgerald, President & CEO of PETRONAS Canada said, “The name change is a reflection of our parent company’s commitment to Canada and the strength of our business in the company’s overall portfolio.” Malaysian Crown corporation PETRONAS now not only owns one of the largest natural gas resources in the Montney basin, but is also a key player in getting Canadian LNG to market across the Pacific ocean.

Image: http://mole.my/petronas-jv-participants-reach-final-investment-decision-on-lng-canada/
https://www.energeticcity.ca/2018/07/petronas-now-officially-a-partner-in-lng-canada/
http://www.coastalgaslink.com
https://boereport.com/2018/11/23/progress-energy-changes-name-to-petronas-energy-canada/
https://www.petronascanada.com/