Document 255523

From:Gitxddld Ndtiori
Jo: 14032925503
09/14/2012 12:23
11615 P.001/005
Box 149, GitxaalaBC, V0V lCD
Phone (250) 848-2214
Fax (250) 848-2238
Fax Cover Sheet
September 14,2012
_listed below
Chief Elmer Moody
Proposed Shipping of Liquefied Natural Gas through Gitxaala Nation
D Confidential
1] Regular
I Please Reply
Honourable John Duncan 1-866-817-3977
Honourable Keith Ashfield 1-613-990-1866
Chair of the Nationa! Energy Board, Mr. Gaetan Caron 1-403-292-5503
I-Ionourable Denis LeBe 1-613-954-4731
1-lonourable Peter Kent 1-819-994-1412
President CEAA, Elaine Feldman 1-613-957-0862
You should receive
pages including this cover sheet.
1 250 848 2238
ro: 14032925503
From: 0ixadIa Ndtion
09/14/2012 12:23
11615 P.002/005
Gitxaala Nation
Phone (250) 848-2214
Fax (250) 848-2238
P Ill
September 14, 2012
Aboriginal Affairs and Northern Development
Suite 600, 1138 Melville Street
Vancouver, B.C., V6E 4S3
Fax: (866) 817-3977
Transport Canada
330 Sparks Street
Ottawa, ON
Fax: (613) 954-4731
Attention: The Honourable John Duncan,
Minister of Aboriginal Affairs and Northern
Development Canada
Attention: The Honourable Denis LeBel,
Minister of Transport, Infrastructure and
Fisheries and Oceans Canada
200 Kent Street
13th Floor, Station 13E228
Ottawa, Ontario K1A 0E6
Fax: (613) 990-1866
Environment Canada
Inquiry Centre
10 Wellington. 23rd Floor
Gatineau, QC, K1A 0H3
Fax: (819) 994-1412
Attention: The Honourable Keith Ashfield,
Minister of Fisheries and Oceans
Attention: The Honourable Peter Kent,
Minister of the Environment
National Energy Board
444 Seventh Avenue SW
Calgary, Alberta
T2P 0X8
Fax: (403) 292-5503
Canadian Environmental Assessment Agency
22nd Floor, Place Bell
160 Elgin Street
Ottawa, ON, K1A 0H3
Fax: (613) 957 0862
Attention: Mr. Gaétan Caron,
Chair of the National Energy Board
Attention: Elaine Feldman, President of the
Canadian Environmental Assessment Agency
Dear Sirs:
Proposed Shipping of Liquifled Natural Gas Through Gitxaala
Nation Territory
1 am the elected Chief of Gitxaala Nation and speak on its behalf. Gitxaala holds unceded.
unextinguished Aboriginal title and rights throughout its traditional territory, and those title and
1 250 848 2238
Fron:OilxadIa Nalion
09/14/2012 12:24
11615 P.003/005
-2rights are protected under section 35 of the Constitution Act, 1982. Gitxaala’s traditional territory
is outlined on the map enclosed with this letter.
Gitxaala has an obligation to its ancestors and to future generations to protect the lands and
waters of its traditional territory, and its title and rights. To this end, Gitxaala has partIcipated in
various regulatory processes relating to industrial projects within its territory, including the
Northern Gateway Pipeline Project.
I write to you now because LNG Canada Development Inc.
a joint venture among Shell
Canada Ltd., Korea Gas Corporation, Mitsubishi Corporation and PetroChina Company Limited
(together, “LNG Canada”) is proposing to build a liquefied natural gas facility near Kitimat,
BC. The LNG would then be transported by tanker through the heart of our traditional territory
out to international shipping lanes.
Gitxaala has real and serious concerns about LNG Canada’s proposal. The tankers will traverse
through waters to which Gitxaala claims Aboriginal title and rights, and upon which Gitxaala has
historically and contemporarily depended for its sustenance, its economy and the maintenance of
its culture. A spill of LNG or tanker fuel would cause enormous damage to the pristine lands and
waters of Gitxaala’ s territory. The tanker traffic will also have serious negative impacts beyond
the risk of a spill, including the further erosion of Gitxaala cultural sites and the disruption and
degradation of plants and animals to which the Gitxaala have Aboriginal rights and upon which
they depend. These potential impacts are all the greater because they will be additional to the
impacts from current and future projects in the area.
Given these apparent risks to its territory and culture, Gitxaala is currently engaging with Shell
Canada, as the representative of LNG Canada, in order to understand the project in detail and
advise LNG Canada of its title, rights, interests and concerns.
It is our understanding that the Federal Crown will need to issue a number of approvals, permits
and licenses if LNG Canada’s project is to go ahead. Given the serious and wide-ranging impacts
that the project could have on Gitxaala’s Aboriginal title and rights, we expect the Federal
Crown to engage in deep, government-to-government consultation with us on the project before
any approvals, permits or licenses are issued.
1 250 848 2238
From:Oitxddla Nntion
To: 14032825503
09/14/2012 12:24
11815 P.004/005
-3We are willing to engage with the Federal Crown in a variety of settings so long as ultimately the
consultation is full and meaningful steps are taken to address our concerns and accommodate our
rights. We are aware that the Jobs, Growth and Long-Term Prosperity Act (the “Budget Act”) has
changed the relevant regulatory landscape and the means of consultation. This is particularly so
in respect of the Canadian Environmental Assessment Act 2012 and the changes to the National
Energy Board’s mandate over export licenses. Given this, we ask that the Federal Crown provide
to us its plan for how it will fulfill its duty to consult and accommodate with respect to this
proposed project.
It is our expectation that such consultation begin early, it will not be acceptable to Gitxaala to be
consulted only late in the process, when Gitxaala’s interests and concerns can have relatively
little impact. Rather, we require that we be consulted before any approvals, permits or licenses
are issued, and that we be consulted at every stage of the regulatory process, including with
respect to environmental assessments, TERMPOL, and the National Energy Board.
In this regard, we observe that Shell Canada has already, on July 27, 2012, applied to the
National Energy Board for a long-term license to export LNG. In past export license
proceedings, the Board has sought the views of First Nations, has considered the adequacy of
consultation with them, and has taken into account the environmental and social impacts of
marine shipping associated with an export. The Budget Act, however, appears to have removed
these considerations from the Board’s mandate in respect of export licenses by amending section
118 of the National Energy Board Act. Further, under the amended section 24 of that Act, public
hearings are no longer mandatory in respect of export license applications.
Again, we ask how the Federal Crown intends to consult meaningfully with Gitxaala prior to the
issuance of any approvals, permits or licenses, including an export license from the National
Energy Board. We also reiterate our desire to engage with the Federal Crown throughout the
regulatory process to ensure that Gitxaala’s concerns and rights are understood and
Last, Gitxaala Nation will require capacity funding to engage in meaningful consultation with the
Federal Crown. We look forward to discussing our needs in that regard after we receive your
consultation plan.
1 250 848 2238
From:Gilxddla Nat;ion
To: 14032925503
09/14/2012 12:25
11615 P.005/005
Please make all written communications to Gitxaala through me, with a copy to:
Mark Ignas
do Gitxaala Environmental Monitoring
280-110 1st Avenue West
Prince Rupert, BC, V8J 1A8
Fax: (250) 624 3338
Tim Dickson
Farris, Vaughan, Wills & Murphy LLP
2500-700 W. Georgia St.
Vancouver, BC, V7Y 1B3
[email protected]
Fax: (604) 661 9349
We look forward to hearing from you.
Chief Elmer Moody
1 250 848 2238