The opening salvo in the new B.C. NDP government’s assault on the Kinder Morgan pipeline was more of a warning shot than an artillery barrage.
Environment Minister George Heyman announced the hiring of Thomas Berger to represent the province in a number of already filed legal actions alleging failures by the Crown to adequately consult with First Nations.
But, while “Government hires lawyer” may not be the bold headline anti-pipeline activists might have hoped for, it does signal the methodical approach the NDP will be taking on this sensitive and tricky matter. The pipeline has all its regulatory approvals in place. It’s firmly in federal jurisdiction and the company says it’s ready to start construction in a few weeks.
It’s true, Berger is a giant in the field of aboriginal law, having played a big part in landmark cases that established First Nations do indeed have rights and title within their territory.
The province of B.C. will also seek to join 19 other governments, NGOs and First Nations in a suit challenging the National Energy Board’s approval of the project. It was a similar lawsuit that killed
Enbridge’s Northern Gateway project but how a court would rule under these circumstances is anyone’s guess.
Perhaps the most resolute indication is Heyman’s decree that no work can be done on Crown land until the company has satisfied all of the requirements laid out in the environmental certificate, namely the parts about First Nations rights and title.
The way things are going, Kinder Morgan may want to revamp their business model because at present, there’s more money in fighting pipelines than there is in building them.
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