Many news sources have been commenting upon Transport Canada’s release of their TERMPOL recommendation that sates they have no regulatory concern with the massive increase of large tar sands carriers running through Gitxaala territory on BC’s North Coast. Gitxaala’s legal firm, Woodward & Co. released the following press statement Feb. 9th (several days before Transport Canada released it’s own report):
On Monday, February 6, the Gitxaala Nation filed a judicial review application in Federal Court challenging its ongoing exclusion from a non-transparent and critical component of the federal government’s review of the Enbridge Northern Gateway Project. Transport Canada has established a Termpol Review Process to review and assess the Gateway Project’s proposed shipping routes and marine terminal facilities.
A number of government and non-government entities – including the Haisla Nation – are involved in this review process through a specialized committee, but Gitxaala was never invited to participate. Moreover, Transport Canada rejected Gitxaala’s request to be included in the Termpol Review Process.
Under the Enbridge Northern Gateway Project, shipping routes for the oil and condensate tankers would pass through the heart of the Gitxaala’s Territory, including Principe Channel. Gitxaala sustenance, culture, economy, and identity are and have always been deeply rooted in the ocean and marine resources. The proposed heavy tanker traffic and the potential for pollution threaten Gitxaala’s sustainability. An accidental oil spill in or near Gitxaala Territory could be catastrophic for the Gitxaala and their culture.
Gitxaala Chief Elmer Moody explains the impact of the proposed shipping route on his community as follows, “Virtually all Gitxaala, on reserve and off, rely on marine resource harvesting. Marine resource harvesting is in an essential part of our culture. Our culture, spirituality, and governance structure are eternally and profoundly linked to our territory and resources within our territory. The inability to harvest marine resources as a result of increased tanker traffic or an oil spill would cause irreparable harm to Gitxaala. I do not know if our people could ever recover from such damage.”
The central claim in the Application is that Transport Canada is breaching its constitutional duty to consult with the Gitxaala by excluding the Nation from the Termpol Review Process. The Application seeks remedies that would ensure Gitxaala’s meaningful inclusion in that process. Enbridge Northern Gateway has also been named in the Application as a directly affected party.
