The Trans Mountain Pipeline Expansion Project continues to provide substantial concern in the Salish Sea.
When the Federal Court of Appeal quashed the Federal Liberal Government’s approval of the pipeline, and called into question the National Energy Board’s (NEB) recommendation. One of their reasons for the decision was the quality of their initial Hearing. They found that the NEB process did not adequately consult Indigenous people.
In addition, they determined that the Hearing process incorrectly excluded the impact of shipping and the increase of tanker traffic in the Salish Sea. With the very public display from the Southern Resident Killer Whales this summer, the impact on species at risk and the environment is top of mind.
Over the past few weeks, Indigenous intervenors have been making presentations to the National Energy Board (NEB). It is a second (or third) round of oral traditional evidence.
It takes a considerable amount of preparation and energy for Indigenous communities to participate in the Hearing process. I have been an intervenor from the very beginning in 2014.
In September, the federal government announced a new, 22-week reconsideration hearing. The goal is to engage Indigenous intervenors in more depth. And, to consider the impact of shipping.
Prime Minister Justin Trudeau has welcomed the Court decision and this new Hearing as a way to make his pipeline more acceptable.
Obstructive and disruptive
On Monday December 3, 2018 I provided my traditional evidence. The Trans Mountain lawyers were obstructive, because they disagreed with my approach. I went to the table with three points.
Firstly, the NEB has been hurried by the timeline, trying to accomplish the impossible in a short amount of time. Overall, they have been dismissive of the requests of Indigenous intervenors desire to direct how they be consulted. This is not the open process the Prime Minister promised.
Secondly, there is a long list of quotes from Prime Minister Trudeau and senior Cabinet Ministers promising that the pipeline will be built. They repeat that it is in the “national interest”. And, they bought it. With the government saying this is a done deal, how are intervenors to believe their concerns will be considered as anything more than just a listening exercise to tick another box?
Finally, this treatment of indigenous knowledge and input is becoming a very common experience for Indigenous communities. Concerns have been undermined and ignored. When the issues have been brought to the attention the government, the pipeline company, their lawyers and the regulators have rudely interrupted the intervenors and asserted their narrow view of the world.
Had the Trans Mountain lawyers, and the NEB Panel allowed me to continue to deliver my evidence they would perhaps have a better understanding that Indigenous culture and tradition is not about what happened 100 or 200 or 1000 years ago. It is also about what is happening in our world today.
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