The Gitga’at First Nation (GFN) is seeking a judicial review of the provincial government’s handling of consultation for Petronas’ Pacific NorthWest LNG plant.
The Malaysian oil giant issued a conditional final investment decision last month but outlined a couple of conditions that still need to be met.
The judicial review filed by GFN in the Supreme Court of British Columbia 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,” the group said.
“The B.C. government is leading project proponents to believe that the duty of the provincial Crown to consult, and the responsibility of project proponents to engage meaningfully with GFN on projects in or near Prince Rupert harbour, doesn’t exist.”
“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,” said Arnold Clifton, chief councillor of the Gitga’at First Nation. “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.”
GFN is based in Hartley Bay, but two-thirds of the community lives in Prince Rupert. Members have strong connections to both communities, the group said in a news release.
“We’re not trying to take anything away from the other Tsimshian Tribes,” Clifton added. “The Prince Rupert harbour area and to the mouth of the Skeena River is an area of common use for all Tsimshian people. We just want Gitga’at rights recognized and considered the same way as those of the other Tsimshian tribes who assert Aboriginal rights in the Prince Rupert area.”
GFN is seeking the assistance of the court in having the province of B.C. add Gitga’at to the list of Tsimshian First Nations entitled to full consultation on the project and will be represented by Christopher Devlin and Matthew Nefstead of Devlin Gailus Westaway Law Corporation in Victoria.
