Tag Archives: enbridge

UN tells feds to consult before approving B.C. coast pipelines

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Report by James Anaya, the UN’s special rapporteur, says there’s a ‘crisis’ in Canada

By Peter O’Neil, Vancouver Sun May 12, 2014

UN tells feds to consult before approving B.C. coast pipelines

A report by James Anaya, the UN’s special rapporteur on the rights of indigenous peoples (pictured), said there is a “crisis” in Canada and that the level of mistrust has perhaps worsened in the past decade.     Photograph by: Sean Kilpatrick , The Canadian Press

OTTAWA — The Harper government must ensure there is “free, prior and informed consent” from First Nations before giving the go-ahead to major resource projects – including two proposed pipeline megaprojects to the B.C. coast, the United Nations said Monday.

A report by James Anaya, the UN’s outgoing Special Rapporteur on the Rights of Indigenous Peoples, said there is a “crisis” in Canada and that the level of mistrust has perhaps worsened since the last visit by a UN representative just over a decade ago.

Anaya put the two oil sands pipeline megaprojects – Enbridge’s to Kitimat and Kinder Morgan Canada’s to Burnaby – at the top of a long list of economic initiatives that have drawn bitter complaints from aboriginal leaders Anaya met during a fact-finding mission last year.

Anaya, an American indigenous rights scholar and nominee for the 2014 Nobel Peace Prize, said the government doesn’t have a coherent plan to meet its Supreme Court of Canada-mandated obligations to consult and accommodate First Nations before major projects proceed.

“There appears to be a lack of a consistent framework or policy for the implementation of this duty to consult, which is contributing to an atmosphere of contentiousness and mistrust that is conducive neither to beneficial economic development nor social peace,” Anaya wrote.

One of his recommendations calls on the federal government to set a clear policy on consultation and accommodation.

“In accordance with the Canadian constitution and relevant international human rights standards, as a general rule resource extraction should not occur on lands subject to aboriginal claims without adequate consultations with, and the free, prior and informed consent of, the indigenous peoples concerned,” stated Anaya in his report that was released in Geneva Monday.

In a Vancouver Sun interview Monday Anaya said “free, prior and informed consent,” a term used in the 2007 UN Declaration on the Rights of Indigenous Peoples, doesn’t mean there should be an Aboriginal veto on resource projects.

But he said said the commitment in the declaration, which Canada endorsed 2010, does require governments to engage in genuine consultation to ensure Aboriginal rights are protected, and to consider killing projects when accommodation can’t be reached.

The report also lists the Site C hydroelectric dam project on the Peace River, gas drilling and pipeline construction in northeastern B.C. on Treaty 8 nations’ traditional territory, and the attempts by Taseko Mines and Fortune Minerals to build mines on unceded traditional First Nations territory in B.C.

The report criticized the federal environmental review panels, saying the panelists are perceived by First Nations as having “little understanding of aboriginal rights jurisprudence or concepts.”

Anaya had a number of other tough criticisms:

– He called on the Harper to reverse his position and call for a “comprehensive, nation-wide inquiry into the issue of missing and murdered aboriginal woman and girls, organized in consultation with indigenous peoples.”

– He sharply criticized the federal government over its handing of land claims across Canada and especially in B.C., where many First Nations are deeply in debt and utterly frustrated over federal negotiating tactics.

But Anaya also found some positive developments, including the agreement late last year to establish a B.C. First Nations Health Authority. He called that a potential model for other jurisdictions.

Aboriginal Affairs Minister Bernard Valcourt cited in a statement Monday the report’s complimentary references to Canada’s track record in protecting Aboriginal peoples’ rights.

“The report published by the Special Rapporteur today acknowledges that, while many challenges remain, many positive steps have been taken by the Government of Canada to improve the overall well-being and prosperity of Aboriginal people in Canada.

He also said resource projects should be seen in a positive light.

Access to Information request reveals Enbridge will delay required crude oil pipeline safety fix for three more years

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Media Release    http://www.canadians.org

July 18, 2013

The Council of Canadians has learned that Enbridge pipelines across Canada will not be retrofitted for another three years, despite missing key safety systems for decades. This neglect has the potential to increase the magnitude of any future spills.

In response to an Access to Information request, the National Energy Board (NEB) has released a partially-redacted document titled “Alternative Power Source Corrective Action Plan Development.” The document details Enbridge’s attempts to come into compliance with the NEB’s Onshore Pipelines Regulations, which require back-up power sources capable of operating the emergency shut-down systems at pipeline pumping stations.

NEB inspectors discovered that the required back-up power supplies were missing in dozens of pumping stations during an inspection in October 2011, and ordered Enbridge to submit a corrective action plan. Eighteen months later, when Enbridge finally submitted its plan, the company requested that the NEB keep the details secret.

“Enbridge has learned nothing from past mistakes and continues to risk the health and safety of others in order to maximize profits,” said Mark Calzavara, Ontario Organizer for the Council of Canadians. “It is indefensible for Enbridge to delay the installation of safety equipment that should have been in place decades ago. They don’t even seem to grasp why the safety equipment is necessary.” 

From the Enbridge cover letter regarding its corrective action plan:

“It is only in the event of a power outage and an emergency situation occurring simultaneously that the alternate power source would be called upon to isolate the station. In that regard, Enbridge still has questions with respect to the need, from a practical perspective, for installing power generation of this nature.”

Enbridge is currently seeking permission from the NEB to reverse the direction of flow through Line 9 between Sarnia and Montreal. It has also asked to be allowed to ship diluted bitumen (dilbit) from the Alberta tar sands as well as to increase the maximum daily volume from 38 million litres per day to 47 million litres per day.

“Transporting tar sands crude poses increased risks,” said Andrea Harden, Energy Campaigner with the Council of Canadians. “Enbridge is failing to ensure the best safety measures are followed, which further undermines public trust in a corporation with an already tarred reputation.”

The reversal of Line 9 is opposed by many communities along the pipeline route that fear a catastrophic rupture similar to what happened on Enbridge’s Line 6a near Kalamazoo, Michigan in 2010, which released 3.3 million litres of dilbit into the environment over a 14-hour period. It was the largest inland oil spill ever in North America.