Gitxaala News

“Listed on the following webpage are all documents submitted on behalf of Gitxaala regarding Enbridge Northern Gateway.”

https://www.neb-one.gc.ca/ll-eng/livelink.exe?func=ll&objId=701018&objAction=browse

 

The Joint review panel responsible for review of the Enbridge application to build a pipeline from Edmonton to Kitimaat will hear Gitxaala evidence of Impact on the following dates:

Lach Klan:

March 9 – 10:00 am – 5:30 pm (6.5 hours of evidence)

March 12 – 1:00 pm – 5:30 pm (4.5 hours of evidence)

March 13, 14, 15, 16 – 10:00 am – 5:30 pm (6.5 hours of evidence / day)

March 19 – 1:00 pm - 5:30 pm (4.5 hours of evidence)

Prince Rupert: (Gitxaala presentations)

April 16: 3:00 pm – 9:00 pm (4 hours of evidence

April 17: 9:00 – 4:00 (6 hours of evidence)

*A Working Group or Planning Committee is required to coordinate the daily functions of the hearings. If you can assist please contact Elmer Moody at 848-2214.

 

The Joint Review Process   http://gatewaypanel.review-examen.gc.ca/clf-nsi/bts/jntrvwprcss-eng.html

When a project may cause significant adverse environmental effects or there is a high degree of public concern, a project can be referred to a joint review panel process. The Minister of Environment decided that the Enbridge Northern Gateway Project would be assessed using a joint review panel.

Panel members will conduct a public process where they will receive and consider all the information on the record. The record will include information submitted by the project proponent and other participants. The review process will include a formal information request process on the application and oral hearing sessions.

Based on the record, the Panel will issue an environmental assessment report which contains its conclusions and recommendations. The report will include the Panel’s rationale for its conclusions and recommendations. The report will also include any mitigation measures, follow-up programs and a summary of comments received from participants. The environmental assessment report will be submitted to the Minister of Environment for a government response.

Once the government has responded to the report, the Panel will make a final decision on whether or not to approve the project under the National Energy Board Act. The Panel’s decision will include its reasons and any terms or conditions to be included in an approval if granted.

Gitxaala

In the JRP process we are raising issues with respect to (1) unjustified infringement of rights and title; (2) failure to adequately consult with respect to the Northern Gateway Project as a whole and (3) the inadequacy of the environmental assessment that has been undertaken.  As a part of this we have provided a very extensive record to the Crown (noting that Transport Canada is a party to the JRP proceedings), through our filings with the JRP for the Project, having the following broad components:

1. Evidence of rights and title, including evidence concerning the governance system.  This evidence includes, elder and member witness statements; a variety of ethnographic and historical expert reports; and a collection of historic documents. 
2. Evidence of the threat of an adverse effect, including a scientific report on a wide range of matters; an expert report on the incorporation of the lay assessment of risk (Andrea Bigano) and an expert report on the assessment of low-probability/high impact risks (Graciella Chichilnisky) and witness statements from elders and members.  In this respect there is also a substantial amount of evidence in the Enbridge and Crown filings.  Additionally we have filed a substantial amount of material retrieved through freedom of information requests concerning the tanker moratorium which are filed as part of our written evidence.
3. Evidence of the general consultation efforts, largely in the form of a witness statement from Elmer Moody.

Process

Gitxaala have not stood front and center for media in regards to opposition to this project. The area of focus is to participate in the hearing process to outline for the benefit of the JRP the three issues as identified. There are many community members interviewed by legal and consulting firm who will be presenting on:

Governance

Describe traditional governance system, origins of system, connection of system to territory, impacts to governance system from project.

Culture

Oral history/oral tradition evidence, Naxnox and spiritual connection to territory, ayaawx and adaawx, evidence on impacts to culture from the project.

Harvesting

Current use and role of harvesting in Gitxaala culture, impacts to harvesting from the project.

 Youth

Will show current use of traditional territory and transmission of cultural activities, impacts to transmission of culture from the project.

There are at least 20 community members identified who can provide oral evidence. The determination of presenters is made by legal and the research group conducting the interviews. The interviews and participation to present is based on information generated by interviewees and assurance that presentations are not damaging to Gitxaala position; i.e. suggesting alternate routes or other factors of mitigation. There is room to participate on the presentation to panel and to work with community and legal representatives on a strategic position.

*It is important to prepare and strategize for the hearings. Should you wish to participate inform Elmer at the band office as soon as possible.