Tuesday’s announcement that the Tsleil-Waututh Nation is denying consent for Kinder Morgan’s pipeline proposal is a significant shot at a National Energy Board process that’s already mired in controversy.
You don’t have to look too far to find credible critics who point to a stacked deck and forgone conclusion in the supposedly neutral regulatory process. And those critics can’t all be characterized as the granola and Birkenstock crowd.
Most recently, former ICBC CEO Robyn Allan, a prominent economist, pulled out of the process, describing it as “biased” and “a rigged game.” Hardly a ringing endorsement.
Most Lower Mainland municipalities have also signalled their opposition, pointing out that if the pipeline is expanded, they will bear most of the risks, while benefiting little from the project.
That thudding you’ve heard recently is the sound of expert reports hitting desks that detail just what those risks could be.
Reports released by the Tsleil-Waututh — which raise questions about how cleanup efforts, and detail levels of evaporated hydrocarbons we could all be breathing in the event of a large spill — significantly add to that.
In the case of the North Vancouver First Nation, however, it’s not just what’s in the reports that’s important, but who’s presenting them. Unlike most groups opposed to the pipeline, First Nations have the legal right to be involved in resource decisions that impact aboriginal rights in their territories — rights reinforced by recent court decisions.
The Tsleil-Waututh have signalled if Ottawa ignores their wishes, that’s where the pipeline decision will likely end up — the courts.
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