Prime minister facing moment of truth on Indigenous rights

By John Dillon

Ecological Economy Program Coordinator

KAIROS Policy Briefing Papers are written to help inform public debate on key domestic and foreign policy issues

As the newly elected Prime Minister, Justin Trudeau handed mandate letters to all cabinet ministers that stated: “No relationship is more important to me and to Canada than the one with Indigenous Peoples. It is time for a renewed, nation-to-nation relationship with Indigenous Peoples, based on recognition of rights, respect, co-operation, and partnership.” His letter to Dr. Carolyn Bennett, the Minister of Indige- nous and Northern Affairs, also included as a first pri- ority “to implement recommendations of the Truth and Reconciliation Commission, starting with the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.”

From the beginning of the new government’s man- date there was always the potential for conflict be- tween these commitments to Indigenous rights and the Liberal Party platform promising “Our plan will de- liver the economic growth and jobs Canadians need, and leave to our children and grandchildren a country even more … sustainable … than the one we have now.”1

The day is fast approaching when Prime Minister Trudeau and his government will have to choose be- tween their promises to respect Indigenous rights and their preference for large resource projects and fossil fuel export pipelines to grow the economy.

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NEB’s Kinder Morgan pipeline expansion boost based on outdated info: economist

 October 5th 2016

#525 of 526 articles from the Special Report:Race Against Climate Change

The Trudeau government says that the advice it received from a federal regulator calling for the approval of a major oil pipeline expansion project was based on outdated estimates that fail to account for national efforts to fight climate change.

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Videos from the BROKE Town Halls Sept.2016

View 10-minute video with highlights from both town halls here:

Click the links below to watch the YouTube videos from our September 21st and 28th, 2016, Town Halls.

Damien Stalaston clip: https://youtu.be/O5FzK0xwQUY

Robyn Allan clip: https://youtu.be/_XM7FjJFgUU

Holly Arntzen clip: https://youtu.be/oqfW19_rOX4

Rueben George clip: https://youtu.be/E1m8KTZHgno

Audrey Seigl clip: https://youtu.be/etH0ckJGDaM

Dipak Dattani and Chris Bowcock clip: https://youtu.be/w36gMU1ov_o

Holly Arntzen with Ruth Walmsley clip: https://youtu.be/2VtzuPeJs50

Seth Klein clip: https://youtu.be/T47XmoAv0mw

Kate Hodgson clip: https://youtu.be/37xPvdka3wQ

BROKE Town Halls scheduled as window for federal panel input closes

2-town-hallsWith the Kinder Morgan TMX Panel deadline to voice concerns about the proposed Kinder Morgan pipeline expansion fast approaching, Burnaby Residents Opposing Kinder Morgan Expansion (BROKE) has organized two more town halls for residents to learn about the risks associated with the project.

“We only have a few weeks to voice our concerns to the Ministerial Panel examining the Kinder Morgan pipeline expansion project,” said BROKE spokesperson Ruth Walmsley. “The deadline for online submissions is September 30.”Read more…

Real Kinder Morgan Hearings

The federal government is expected to make a final decision regarding the proposed Kinder Morgan Pipeline and Tanker Expansion by the end of this year, and they need to hear from you!

The majority of British Columbians & First Nations Peoples are opposed to the proposed Kinder Morgan Pipeline and Tanker Expansion, and hundreds who applied to participate in the NEB hearings were denied the opportunity to have their voices heard. In May of this year, the Federal government appointed a 3-member panel of ministerial reps to consult with communities and First Nations along the route of the pipeline – but this is not enough! They need to hear from all of us!Read more…

How Canada’s pipeline watchdog secretly discusses “ticking time bombs” with industry

By Mike De Souza in News, Energy | July 5th 2016

Canada’s pipeline watchdog has given two of North America’s largest energy companies up to six months to fix what industry insiders have described as a series of “ticking time bombs.”

The National Energy Board waited eight years after U.S. regulators raised the alarm about substandard materials, finally issuing an emergency safety order in February. At least one Canadian pipeline with defective materials blew up during that period.

Newly-released federal documents show that Texas-based Kinder Morgan and Alberta-based Enbridge are both looking into the use of defective parts purchased from Thailand-based, Canadoil Asia, that recently went bankrupt. But the companies were not immediately able to say where they installed the dodgy parts. It’s a problem that also struck Alberta-based TransCanada, which had defective materials in its own pipelines, including one that blew up in 2013.

NEB finally orders safety review of substandard parts

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Northern Gateway pipeline approval overturned Federal Court of Appeal finds Canada failed to consult with First Nations on pipeline project

The Federal Court of Appeal has overturned approval of Enbridge’s controversial Northern Gateway project after finding Ottawa failed to properly consult the First Nations affected by the pipeline.

“We find that Canada offered only a brief, hurried and inadequate opportunity … to exchange and discuss information and to dialogue,” the ruling says.

“It would have taken Canada little time and little organizational effort to engage in meaningful dialogue on these and other subjects of prime importance to Aboriginal Peoples. But this did not happen.”

Constitutional requirement to consult

The majority ruling was signed by two of the three judges on the Appeal Court panel. Judge Michael Ryer wrote a dissenting opinion.

Pipeline opponents have called the decision “landmark.”

“At every turn you’re going, you are seeing nails in the coffin of the Enbridge project,” said Peter Lantin, president of the council of the Haida Nation, one of the parties that appealed.

“I don’t think there’s enough room for another nail in the coffin.”

“First Nations, local communities, and environmental interests said no to Enbridge 12 years ago when it first proposed the project. And now that “no” has the backing of the courts,” said Ecojustice lawyer Barry Robinson.

“Between on-the-ground opposition and the federal government’s promises to keep B.C.’s North Coast tanker free and demonstrate climate leadership, this pipeline is never getting built.”

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City of Vancouver launches judicial review of Kinder Morgan’s pipeline expansion

City of Vancouver

News Release

June 20, 2016

City launches judicial review of Kinder Morgan’s pipeline expansion

The City of Vancouver has filed with the Federal Court of Appeal an application for a judicial review of the National Energy Board’s (NEB) decision to conditionally recommend Kinder Morgan’s pipeline expansion project (the “Project”), citing that it is both invalid and unlawful. Throughout the NEB review process, the City and many other intervenors have raised significant concerns about its flawed process which excluded any opportunities for oral cross-examination of experts and evidence, provided inadequate information sharing and failed to properly consult affected communities along the pipeline and tanker route.

“An expanded Kinder Morgan pipeline is not in Vancouver or Canada’s economic or environmental interest,” says Mayor Gregor Robertson. “The National Energy Board failed to properly and thoroughly consult local communities on the pipeline and tanker route, ignoring key pieces of scientific evidence showing the potential for real and catastrophic damage to local waters in the event of an oil spill, and the impact of an expanded pipeline on greenhouse gas emissions both locally and abroad. Vancouver still has significant concerns about Kinder Morgan’s expansion and we’ve concluded it’s simply not worth the risk to our environment or economy.”

In the application, the City outlines that the NEB failed to comply with the requirements of the NEB Act by ignoring key pieces of evidence submitted by the City as part of the process which supported the City’s position that:

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Big oil vs. big whale: Will pipeline trump iconic orca?

‘Species at risk’ designation could mean unique court challenge for NEB and Trans Mountain project

By Jason Proctor, CBC News

If you don’t live on the West Coast, perhaps it’s hard to appreciate just how poorly approving an oil pipeline at the expense of an endangered population of killer whales might play out.

To give it an Eastern perspective, it’s a bit like saying Bonhomme might have to die to make way for a new museum dedicated to Stephen Harper’s legacy.

In approving Kinder Morgan’s Trans Mountain pipeline expansion this week, the National Energy Board said it weighed the benefits of the project against its burdens.

Among the “adverse effects” deemed to be most “significant” were those likely to impact a population of about 80 southern resident killer whales found off the coast of Vancouver Island.

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