Federal government looks to Plecas for dispute resolution

The dispute between the Coast Tsmishian First Nation and the Port will get a helping hand shortly.

The Federal government appointed a long time B. C. civil servant to try and help the two sides work out an arrangement to put the current problems behind them.

Robert Plecas, who has been a deputy minister for 25 provincial ministers over the years, was appointed as a special representative to assist the Federal government in their discussions on the issue.

The Vancouver Sun had further details on the appointment and where the controversy stands after last weeks events in federal court.

Rupert port dispute gets help
Marke Andrews
Vancouver Sun
Saturday, June 02, 2007

FIRST NATIONS - The federal government Friday appointed a veteran B.C. civil servant to assist in a dispute between the Coast Tsimshian First Nation and the Prince Rupert Port Authority over the current expansion of the Prince Rupert port.

Robert Plecas, who has served as deputy minister for 25 provincial ministers in 10 portfolios, was appointed Friday as a special representative to assist the federal government in discussions with first nations and the Prince Rupert Port Authority over the Fairview Container Terminal project, which is nearing the end of construction. The appointment was made jointly by Transport Minister Lawrence Cannon, Indian Affairs Minister Jim Prentice and International Trade Minister David Emerson.

The appointment came two days after Judge Francois Lemieux issued a 22-page decision which granted a 30-day extension to the Coast Tsimshian to file a judicial review application against an October 2005 decision limiting the scope of consultations.

The Coast Tsimshian First Nation has threatened to stop the October opening of the new container terminal, believing its members were not properly consulted and compensated. Chief councillor Harold Leighton of the Metlakatla Band claims the development sits in the middle of the band's traditional territory. In an April statement, he said, "We will not allow Phase 1 to commence operations unless our concerns have been addressed."

Phase 1 construction of the terminal, which will give it capacity to handle up to 500,000 cargo containers annually, is now 80-per-cent complete, and the port expects the expanded facility to receive its first containers in late September or early October.

Despite recent developments, Barry Bartlett, the port's manager of communications and public affairs, said progress is "steady as she goes ... at this stage it's speculation, and we're very optimistic this won't delay [the opening]."

Last September, the Coast Tsimshian bands' attempt to seek a Federal Court injunction against the Ministry of Transportation to stop approval of the port was rejected.

According to the port's website, the port and the federal government consulted with the Coast Tsimshian for 18 months, and on Feb. 28, 2006, made a $7.65-million offer of accommodation -- which included aboriginal job training and aboriginal economic development -- to which, Bartlett said, the Tsimshian have not responded.

Leighton did not return a call seeking comment for this story.

Coast Tsimshian ready their plans to protest lack of progress on port discussions

The Northern View is reporting on its website that the Coast Tsimshian members are preparing to take their own action in order to make their concerns over the development of the Fairview Container Port heard. Included in their thoughts apparently are preparations for blockades in the region. They were quick to add they were hoping that there would be no need for that step in the end, while at the same time reminding the stakeholders in the project that all transportation lines run through Coast Tsimshian reservations.

The long simmering dispute has occasionally flashed up over the last few months, with discussions apparently continuing on, though not to any resolution of the main issues of contention for the Coast Tsimshian, those being inadequate consultation and compensation during the development of the Fairview Container Terminal.

The Northern View outlined the thoughts of Metlakatla Chief Harold Leighton, who expressed his frustration at the current situation and suggested that the time may be near to implement their plans of action.


Coast Tsimshian stepping up activity
By Arthur WilliamsBlack Press
May 30 2007

Anger is still brewing amongst members of the Coast Tsimshian First Nation over what they say was inadequate consultation and compensation during the development of the Fairview Container Terminal.

In April the First Nation, comprised of the Metlakatla and Lax Kw’alaams Bands, issued a statement threatening to, “not allow phase one [of the container terminal] to commence operations unless our concerns have been addressed.”

“Basically things haven’t changed,” Metlakatla Chief Harold Leighton said.

“There has been no progress with the federal government or Port of Prince Rupert. We met with Minister [for the Pacific Gateway David] Emerson in late February and he said, ‘Give me 10 days to two weeks to respond to you.’ But we haven’t heard anything. Nobody is talking to us – the frustration is building.”

Leighton said First Nation members are preparing to take their own action to make their concerns heard.

“The First Nations have put a plan together and are moving forward to implement that plan. It will include a rally with an invitation to all First Nations in B.C. – after that, a series of actions,” Leighton said.

“Provincially we’ve received a fair amount of support. The issues we’re dealing with here are the same across B.C. and Canada.”

Leighton hinted that blockades may be in the works for Prince Rupert unless their issues are resolved.

“Hopefully we won’t have to go that far to get recognition. But I expect it will be considered,” Leighton said.

“The only thing I call tell you is all transportation corridors go through Coast Tsimshian reservations.”

Prince Rupert Port Authority president and CEO Don Krusel said port officials are working with First Nations to resolve their issues.

“There are activities behind the scenes taking place to accelerate the discussions with the local First Nations regarding the development,” he said.

“As that process unfolds, we remain confident that these issues will be resolved.”

As long as that discussion is happening, Krusel said, he doesn’t expect any Caledonia-style blockades of the port.

CN Rail mountain region general manager Tom Bourgonje said he currently isn’t concerned about the possibility of rail line blockades in the Prince Rupert area.

Alliance of First Nations forms to support Coast Tsimshian in container port dispute

Alliance of First Nation forms to support Coast Tsimshian in container port dispute

The Metlakatla and Lax Kw’alaams First Nations are receiving support from First nation groups across the region, as they continue with their plans to seek out a settlement from the Federal Government and Prince Rupert Port Authority over their outstanding issues of consultation and accommodation.

The situation recently came back to prominence with a statement from the two First Nations that they would not allow Phase one of the soon to be container port to be begin operation, until they were satisfied with the resolution of their concerns.

The Daily News featured the latest developments on the front page of Thursday’s paper.

OTHER FIRST NATIONS GET BEHIND COAST TSIMSHIAN
Representatives from across region say talks must be started up again
By Leanne Ritchie
The Daily News
Thursday, May 3, 2007
Pages one and three

An alliance of Coastal First Nations have thrown their support behind Lax Kw’alaams and Metlakatla and are calling on the federal government to resume its discussions with the Coast Tsimshian on the Prince Rupert Port expansion.

“We fully support the Coast Tsimshian on this issue,” said Art Sterrit, executive director of the Coastal First Nations. “There is no question of the existence of the rights and interests of all the Coastal First Nations and particularly those people closest to the project. The Lax Kw’alaams and Metlakatla First Nations have been reasonable in their position with the federal government on the port expansion. We fully support and we support them in their objective of having ensuring that their social, environmental and economic concerns are met before the project can proceeds.”

The Coastal First Nations recently passed a resolution to support the Coast Tsmishian, in their support, the alliance of Coastal First Nations noted “That they strongly support the actions of Metlakatla and Lax Kw’alaams in regard to the issues related to the development of the Port of Prince Rupert, and further more, have resolved to commit to become actively involved in the development and implementation of an action plan, including with meeting in Prince Rupert to provide our support to the two First Nations on this issue,”

The Coast Tsimshian have asked the federal government to meet its duty of consultation and accommodation in respect to the Fairview Terminal expansion, Garry Reece, chief councilor for the Lax Kw’alaams Band said. “There has been no progress or consultation and the federal government cannot sweep this under the rug.”

“We will not allow Phase 1 to commence operations unless our concerns have been addressed,” added Harold Leighton, chief councilor for Metlakatla.

While the Prince Rupert Port Authority said the federal government has made an offer worth 7.5 million and concluded consultations for Phase 1, the two First Nations say the agreement does not recognize their aboriginal rights and title and does not meet the standards of consultation and accommodation.

The issue is currently before the Federal Court of Canada.

“The federal Federal Government of Canada has steadfastly refused to properly or adequately engage First Nations in the planning or development of the mega-port already in progress in Prince Rupert, and they must return to the table with the Coast Tsimshian,” said Guujaaw, president of the Coastal First Nations and the Council of the Haida nation.

“We’re urging the federal government to return to the negotiating table. At this stage of the development, the involvement of the First Nations will make for a better project,” said Guujaaw.

He noted that the increase in traffic alone will impact the lives of Coastal First Nations.

“Compounded with the prospect of bilge, waste and ballast discharge introducing foreign organisms and hydrocarbons into these waters are matters that we should all be concerned with. Consider an increase of traffic with weak and antiquated maritime laws and the fact that Canada has been dismantling it’s navigational aids over the past decade and consider the social impacts of a mega port, and you will know why this project cannot be designed by economics alone,’ said Guujaaw.

Sterritt noted there is a rapid increase in developments on the North Coast and said there are concerns about the cumulative impacts that the port project and other developments will have on the environment.

“The Coastal First Nations want to state very clearly we will not stand back and have our environmental and economic concerns ignored,” he said.

The Coast First Nations are an alliance of First Nations on British Columbia’s North and Central Coast and Haida Gwaii. Communities include the Wuikinuxv Nation, Heiltsuk, Kitassoo/Xaixais, Gitga’at, Haisla, Metlkatla, Homalco, Old Massett, Skidegate and the Council of the Haida Nation,