The Daily News added some background information to the story we first discovered here two days ago, that of the possibility of “strong action” by two local First Nations bands, in response to what appears from their viewpoint to be the unsatisfactory state of consultations over the Fairview Container Port project.
The Daily News reviewed a joint press release from Chief Councillors Harold Leighton and Gary Reece that stated; “The Federal Crown has still not met its duty of consultation and accommodation in respect of the existing Fairview Terminal expansion. The consultation process on the Phase 2 expansion cannot proceed until the Phase 1 issues have been dealt with.”
And with that issue still unresolved, the threat of both local and national action is now added into the mix. The two First Nations representatives pledged to take strong action to protect their rights if necessary, including direct protest at home, and seeking allies outside of Prince Rupert.
The latest developments, including the response from the Port of Prince Rupert to the issue were provided as the front page story in Friday’s Daily News.
‘STRONG ACTION 'THREATENED OVER PORT DEVELOPMENT
By Leanne Ritchie
The Daily News
Friday, April 27, 2007
Pages one and three
The Chief Councillors of the Lax Kw’alaams and Metlakatla bands are calling on the federal government to halt plans for the Phase 2 expansion of the Fairview Terminal and say they have no plans to allow Phase 1 to start operations unless consultations are completed.
However the Prince Rupert Port Authority (PRPA) says both it and the federal government have completed consultations on Phase 1 and have made offers to begin consulting on Phase 2.
“The Federal Crown has still not met its duty of consultation and accommodation in respect of the existing Fairview Terminal expansion. The consultation process on the Phase 2 expansion cannot proceed until the Phase 1 issues have been dealt with,” said Chief Coun. Harold Leighton and Gary Reece in a joint press release.
“Both the Federal Government and the PRPA have been trying to push forward and ignore our outstanding issues. The approach of the PRPA and the Federal Crown seems designed to take us down a continuing path of confrontation. We will not cease our opposition.”
Phase One is expected to open in October of this year.
“The PRPA seems determined to proceed with construction on Phase 1 without having dealt with our concerns. They do so at their own risk. We have no intention of continuing to be ignored, and we will do what is necessary to protect our interests. We will not allow Phase 1 to commence operations unless our concerns have been addressed,” said Leighton.
The two Coast Tsimshian Bands advised that they have met to develop a strategy to commence a more active approach to protecting their rights, and will be making a series of announcements over the coming weeks. The bands have also decided to seek the support of other First Nations.
“If necessary, we will take strong action to protect our rights,” said Reece, “including direct protest at home, and seeking allies outside of Prince Rupert.”
The Coast Tsimshian are in the process of taking their case on Phase 1 through the Federal Court of Canada.
They maintain that they have not been consulted adequately .
Despite this, the PRPA noted that it, in conjunction with Transport Canada, has initiated consultations with Metlakatla, Lax Kw’alaams (the Coast Tsimshian), Kitselas and Kitkatla First Nations bands for Phase 2 of Prince Rupert’s Fairview Container Terminal project.
“We are excited to be progressing on the planning and engineering for the proposed expansion of the Fairview Container Terminal and are committed to conducting ongoing meaningful consultations with the Coast Tsimshian on Phase 2,” said Don Krusel, Prince Rupert Port Authority president and CEO.
“We are making every effort possible to engage the First Nations bands by soliciting their comments on project plans, mitigate where possible any potential adverse impacts on current uses for traditional purposes of the lands, or provide compensation where these traditional activities may be lost. As part of this dialogue, we hope to explore how their communities, as well as other communities in the area, can benefit from the construction and operations of the container terminal.”
Letters inviting First Nations input into the project and participation in the consultation process for the Phase 2 expansion of Fairview Terminal were delivered last week.
And the federal government did make an offer of accommodation on Phase 1 of the Fairview Container Terminal on Feb. 28, 2006.
The $7.65 million offer of accommodation featured employment opportunities, human resource development initiatives, and support for First Nations business ventures associated with the port development. Around two-thirds of the offer was specific to the Coast Tsimshian, with the remainder aimed at other Tsimshian bands that also have land claims.
The Coast Tsimshian were advised by the Government of Canada in a letter dated May 22, 2006, that the Phase 1 consultation process was complete. However, says Krusel, PRPA and project contractors continue to live up to the spirit of the Offer of Accommodation by hiring local qualified First Nations people and subcontracting to First Nations-owned businesses whenever possible.
“We are disappointed that the Coast Tsimshian have chosen to take court action or threaten direct protest rather than respond to the Offer of Accommodation presented upon the completion of the consultation process,” said Krusel.
“We are confident the Crown will demonstrate to the court that meaningful consultation did occur, that the consultation was appropriate, and that indeed a generous Offer of Accommodation was made as a result of that consultation. We must stress that this issue is currently before the Courts and has been not been ruled on, contrary to statements made by the Coast Tsimshian. In the meantime, we welcome the opportunity to engage the local Coast Tsimshian bands in meaningful consultations to ensure they and their communities achieve significant and long-term economic and social benefits from the construction and operation of Phase 2.”
The dispute continues to make its way into the international media and was carried across Canada and the U.S. this week on Reuters news services.
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