Sunday, October 01, 2006

Skeena MP wades gently into the container port waters

The MP for Skeena, Nathan Cullen offered up some quiet advice Friday, as he entered into the debate over the issue of the Fairview Container Port project and the legal actions undertaken by the Coast Tsmishian communities.

Suggesting that he wasn’t sure that litigation was the way to go with the situation, Cullen said that he felt that the Tsmishian communities should be allowed to consider the accommodation offer that was provided by the Federal Government earlier this year to try and bring resolution to the issue.

Earlier this week, the Daily News published the details of that offer, the first glimpse into the state of the dispute and what the government was offering the Coast Tsmishian.

Trying to act as a form of facilitator over the debate, Cullen said that he hoped that litigation would be the thing of last resort and instead that the two sides could find some common ground.

No doubt, a sentiment shared by a good many of his constituents who await the latest development in the year long dispute over the issues surrounding the project.

Cullen’s comments were quoted extensively in Friday’s Daily News.

STRONG PORT OFFER NEEDS TO BE LOOKED AT SAYS MP
By Leanne Ritchie
The Daily News
Friday, September 29, 2006
Page One

The Coast Tsmishian communities should be allowed by their leadership to consider the $7.65 million accommodation offer put forward by the federal government for the construction of the Fairview Container Terminal, said Skeena-Bulkley Valley MP Nathan Cullen.

He was speaking about the judicial review instigated by Metlakatla and Lax Kw’alaams over the construction of the Fairview Container Terminal dismissed by the Federal Court.

“I’m not sure litigation is the way that is going to solve this thing. I’ve told numerous officials within the government and ministers involved that the idea of making major projects happen without some sort of First Nations outreach is not wise,” said Cullen. “That being said, I’ve also seen some of the offers that have gone to the Tsimshian in terms of job creation and education and they are strong offers.

I think the communities should be allowed to consider them.”

Last week, a federal court judge dismissed the judicial review by the Coast Tsmishian against Transport Canada, however the Coast Tsmishian see the ruling as a possible launching point for future litigation. The judge in his ruling, called the federal accommodation and consultation process “skewed,” given that the federal government would only consult on the .72 hectares of new terminal being built. They did not consult on the existing 22 hectare site.

The judge noted the Coast Tsimshian have three ways they can continue to pursue the issue through the court system. He did not; however rule on the latest offer by the federal government, which includes $7.65 million for business development, job creation and training surrounding the development of Phase I of the Fairview Container Terminal.

Cullen said litigation should be a last resort and he hopes the two groups can meet on common ground.

“Litigation is expensive, it can take a long time and it doesn’t always get you what you want,” said Cullen.

“It can be necessary if governments are not listening but I think this project is so positive all around that it would be a real shame if we didn’t take a hard look at this thing and make it happen for everybody, Tsimshian included.”

The Coast Tsmishian were not seeking a delay in construction in the first judicial review, however the second judicial review calls for the court to reconsider the granting of the environmental permit for the property.

The Prince Rupert Port Authority has said that any delay to the terminal, which is expected to open in the third quarter of 2007, could result in failure of the project.

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