Vaughn Palmer: First Nations warn billions of dollars of oil and gas are at stake if NDP does not act quickly

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VICTORIA – First Nations in northeastern British Columbia say companies are reconsidering investments in the oil and gas sector because the province has not resolved uncertainties stemming from a landmark court decision.

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“Several major companies are actively considering reallocating their planned investments in British Columbia,” say the leaders of six Treaty 8 First Nations in an October 31 letter to the NDP government. “It is no exaggeration to say that billions of dollars of economic activity are at stake now and in the future.”

First Nations blame a government decision to exclude them from talks with Blueberry River First Nations, another Treaty 8 group and winner of a major treaty rights decision earlier this year.

Although Blueberry River won the groundbreaking case on its own, the six indigenous leaders say there is a lot of overlap with their territories and interests that they should be part of any solution.

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The principles defined by the court “apply to all Treaty 8 nations and all activities in the Treaty 8 region,” they argue, urging the new Democrats to “work with us” on implementation.

“There are very serious challenges ahead for the province and for companies that want to operate on treaty lands. … We are strongly of the opinion that this is a regional crisis that requires a regional solution. “

The British Columbia Supreme Court ruled in June that province-sanctioned industrial development – oil and gas drilling, logging, road construction, and hydroelectric power – had trampled on the Blueberry River treaty right to hunt, fish, trap. and follow a traditional way of life. .

Rather than appeal, the provincial government took firm direction from the court to negotiate with Blueberry River. On October 7, the two parties announced a preliminary agreement that allowed 195 development permits to proceed.

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In return, the province provided Blueberry River with $ 65 million in funding for job creation, economic development, land and water stewardship, and protection of indigenous culture and lifestyle.

The New Democrats also revoked their previous approval of another 20 permits for projects in areas of “great cultural significance.” Permit holders were informed that these projects “will not be carried out without further negotiations and agreements with Blueberry River.”

When the October 7 deal was announced, another member of the Treaty 8 group complained of being marginalized.

“More than three months after the court’s decision, the province has been too slow to address what is fast becoming a regional crisis,” Saulteau’s First Nations statement said.

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“Because we believe that the province does not have a plan to address our rights and interests, we have informed the province that we have hired a trial attorney and are preparing our own lawsuit and injunction requests.”

Based on that statement was the October 31 letter from the chiefs of Saulteau and five other First Nations of Treaty 8: Doig River, Halfway River, Fort Nelson, Prophet River and West Moberly.

(A seventh member of the Treaty 8 group, the McLeod Lake Indian Band, was not part at face value.)

All six nations are concerned that any deal made in isolation with Blueberry River could have implications for their overlapping territories, access to resources and rights.

“The inevitable consequences of ignoring our nations are more conflict and litigation, higher costs, lower revenues, and a prolonged period of investment uncertainty,” the six leaders wrote.

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“This means that the province and the BC Oil and Gas Commission should not take measures or enter into agreements that compromise, in any way, the rights and interests of any member of our collective.”

Speaking with one voice, the six alerted the new Democrats.

“We are determined to protect each other and remedy the negative effects that cumulative impacts have had and continue to have on all Treaty communities 8.

“There will be consequences for government and industry throughout the region if their policies cause harm to any of our nations.”

The most likely consequence is that noted above by Saulteau, namely more legal challenges and uncertainty.

In that context, and the 20 permit deferrals in the Blueberry River deal, it wouldn’t be surprising if major investors bypassed BC and sent their exploration and development dollars elsewhere over the next year.

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But the six leaders also proposed a way forward.

“The kind of solutions that are required can only be achieved with new collaborative thinking, swift action and experienced, capable and informed leadership,” they wrote in their letter to the vice ministers of energy and forests.

“We are writing to invite you to consider appointing a provincial leadership task force comprised of senior officials from the ministries and agencies that have decision-making authority over land and resources in Northeast British Columbia.

They named half a dozen government officials they were willing to work with to get it done.

“We believe that together we can solve core problems as quickly and efficiently as possible,” the letter concluded. “Instruct your team to contact our representatives as soon as possible.”

That was October 31st.

On Monday night, the government announced that it was responding favorably to the Treaty 8 leaders’ proposal to appoint a working group.

“We support the regional approach presented in the letter.”

However, it remains to be seen whether the process will act quickly enough to dispel doubts about investing in next year’s drilling season.

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