Gitga’at First Nation launches legal challenge to Pacific Northwest LNG
The Gitga'at First Nation has launched a legal challenge against Pacific Northwest LNG.
The First Nation is seeking a judicial review of the B.C. government's handling of consultation for the liquefied natural gas project on Lelu Island, near Prince Rupert in northwest B.C.
Led by Malaysian state-controlled Petronas, the project's total cost is estimated at $36 billion, which includes the LNG terminal, pipeline to northeast B.C. and development of natural gas supplies.
In a news release, the Gitga'at said the review filed in B.C. Supreme Court targets a decision of the B.C. Environmental Assessment Office, which does not recognize the Gitga'at First Nation as being one of the Tsimshian First Nations entitled to full consultation on the project.
"Anthropological evidence and our Adawx, which are the oral records of the Gitga'at, show that we have fished and hunted in Prince Rupert Harbour and the lower Skeena River since before the European settlers arrived," Arnold Clifton, chief councillor of the Gitga'at First Nation, said in a written statement.
"Prince Rupert Harbour is a large part of our social, cultural and economic life and proposed LNG developments would impact the rights and livelihood of every Gitga'at member," he said.
Although B.C. Finance Minister Michael de Jong said this morning he did not know the details of the Gitga'at's concerns, he said as issues arise it's important to deal with them constructively.
"But by and large any rationale analysis, reasonable analysis, of what has taken place with respect to this project and the development of the industry in general, would conclude this represented a positive example of how people can work together and how, done properly, benefit can accrue to all in an equitable way," said de Jong.
He was referring to agreements signed with First Nations by the province and companies to share benefits from the development of natural gas pipelines and LNG plants.
On the Pacific Northwest LNG project, about eight First Nations have signed LNG terminal or pipeline agreements.
But this latest salvo from the Gitga'at adds to First Nation concerns surrounding the project.
Six weeks ago, the Lax Kw'alaams First Nation rejected a $1.15-billion benefits package from the company and province in three community votes.
In rejecting the benefits package, the Lax Kw'alaams noted that a 1973 report from federal scientists said Flora Bank off of Lelu Island was prime salmon-rearing habitat that should be protected. In a written statement it issued following the rejection, the Lax Kw'alaams said it was open to LNG development, but not close to Flora Bank.
Also on Monday morning, de Jong signed an agreement with India Oil, which has a 10 per cent stake in the Pacific Northwest LNG project.
The agreement is part of a larger agreement that will lock in natural gas royalties over decades and indemnify the Petronas-led LNG project from industry-specific tax increases.
Both are intended to provide certainty to the Petronas-led Pacific Northwest LNG project and encourage them to make a final investment decision to build a project in British Columbia.