Tag Archives: Line 9

Supreme Court to rule on whether Line 9’s First Nations consultation process was constitutional

Image description: Two people hold a large flag, featuring on horizontal white bands with a horizontal purple band above and below it. On the flag are the words "No Consultation! No Consent! No Line 9! Respect The Treaties - Support Chippewas of the Thames First Nation!" In front of the banner, a woman is speaking into a microphone, presumably addressing an out-of-the-picture crowd; to her left are two onlookers. (Image credit: Facebook/Anishnabek Rise via rabble)

Image description: Two people hold a large flag, featuring a wide horizontal white bands with narrower horizontal purple bands above and below it. On the flag are the words “No Consultation! No Consent! No Line 9! Respect The Treaties – Support Chippewas of the Thames First Nation!” In front of the banner, a woman is speaking into a microphone, presumably addressing an out-of-the-picture crowd; to her left are two onlookers. (Image credit: Facebook/Anishnabek Rise via rabble)

In a major win for pipeline resisters, the Supreme Court of Canada has agreed to hear an appeal by the Chippewas of the Thames First Nations which threatens to shut down Enbridge’s Line 9B.

It’s also a case with broad implications for several major pipeline projects currently under review, as well as for resource development on First Nations across (so-called) Canada.

The Chippewas of the Thames allege that they were not properly consulted on the reversal of the pipeline, which was previously transporting light crude oil from east to west. A finding in their favour could mean a cancellation or suspension of Enbridge’s approval to reverse the line, and may have an impact on several ongoing NEB reviews into major tar sands pipelines. Continue Reading

Why 2016 will be a year of victories for the pipeline resistance movement

Image description: Three pipeline resisters are chained to a valve behind a chain-link fence, which bears a sign reading “NOTICE: NO TRESPASSING”. These three brave folks had their first trial session in Sarnia today in relation to the incident in question. (Image credit: The Indignants/Facebook)

Pipelines are having a moment right now.

Even in the darkest depths of the Harper years, I can’t recall a time when tar sands bitumen transportation infrastructure was such a hot-button headline issue. And not in an isolated one-off kind of way, either – barely a day goes by without some prominent national figure making some newsworthy statement about pipelines.

I mean, it’s only Tuesday, and here’s just some of the big news in pipelines so far this week: Continue Reading

As 2015 comes to a close, these major ongoing issues aren’t going anywhere

This awkward week jammed in between Christmas and New Year’s is when some of the year’s most half-assed journalism gets cranked out, in the form of phoned-in Year in Review pieces, or worse, Top Ten Blanks of 201x listicles.

I don’t have a problem with retrospectives. It’s just that the last week of December is only ever the actual turning point in current events by pure chance or accident. More often than not, major stories are still developing, trends are still unfolding, and it’s too soon to pass judgement on what the legacy of recent events will actually be.

So in my final post of 2015, I’m going to eschew the lazy conventions of the genre by highlighting a few stories which are very much ongoing affairs as the year comes to a close. Continue Reading

Trudeau’s lacklustre approach to pipelines means direct action is (still) our best hope

Image description: A person (presumably Vanessa Gray) is led away from a pipeline shutdown action by two police officers. Caption reads: ‘”The tar sands projects represent an ongoing cultural and environmental genocide. I defend the land and water because it is sacred.” – Vanessa Gray, Anishnaabe’

What Mr. Harper has consistently misunderstood about what happens in the 21st century is you cannot make a choice between what’s good for the environment and what’s good for the economy. Mr. Harper continues to say oh, we can’t do anything on the environment because we’ll hurt the economy. And not only has he not helped our environment, but he’s actually slowed our economy. He cannot get our exports to market because there is no public trust anymore. People don’t trust this government to actually look out for our long-term interest. We – he hasn’t convinced communities of the rightness of his – his pipelines, of the proposals he supports. He hasn’t been working with First Nations on the kinds of partnerships that are needed if we’re going to continue to develop our natural resources. Canada will always have an element of natural resources in our economy, but the job of the Prime Minister is to get those resources to market. 

– Justin Trudeau, Maclean’s leaders’ debate, August 7 2015

Numerous times throughout this year’s election, Justin Trudeau tried to position himself as the candidate who could do what Stephen Harper, for all his efforts, never could manage to accomplish: get major tar sands pipeline construction projects approved. With a cavalier well-of-course-we’ve-gotta-exploit-the-tar-sands attitude, he insisted, again and again, that the flaw in Harper’s approach wasn’t that his government was pushing fundamentally flawed, dangerous, and ecocidal proposals, but instead was an issue of tone, of building public trust, of performing the proper consultations, of going above and beyond to assuage local safety concerns.

In some cases, that’s meant publicly opposing major proposals, like the Northern Gateway pipeline, which Trudeau’s Liberals oppose on account of its traversal of the Great Bear rainforest. But in other cases, it’s meant picking up right where Harper left off, as with Foreign Affairs Minister Stephane Dion’s spectacularly ill-timed renewal of the Harper government’s advocacy for the Keystone XL pipeline literally one day before U.S. President Barack Obama announced the project couldn’t go forward. And let’s not forget that one of Trudeau’s campaign co-chairs, Dan Gagnier, was simultaneously working as a lobbyist for TransCanada, that the Liberal Party knew about this lobbying work, and that Gagnier was advising the pipeline company on how best to lobby the new government before the election was even over.

And a lot of the time, it’s left the now-PM sounding spectacularly ill-informed to folks who are aware of the latest climate science, as when Trudeau insists that if Canada must improve our environmental reputation if we want to continue pushing tar sands projects. There exists a broad international consensus that a majority of fossil fuel reserves, including upwards of 85% of the tar sands, absolutely need to stay in the ground if the world is to avert the worst effects of runaway climate change. Continue Reading

ICYMI – badass direct action shuts down Line 9B

Although Enbridge must have known that they would face protest when they first proposed reversing their Line 9B to pump diluted bitumen from Sarnia to Montreal, there’s no way they could have anticipated the ferocity of the opposition that’s resulted.

A massive and widespread citizen campaign to stop the project sprung up across southern Ontario and Quebec, including many First Nations communities. Line 9B’s reversal has been subject to multiple disruptive direct actions interfering with the infrastructure of the line as well as the process of approval by the industry-captured National Energy Board (NEB). The project has also been subject to a massive court case brought by the Chippewas of the Thames First Nations over Enbridge’s lack of proper consultation, a case which is now making its way to the Supreme Court of Canada, as I wrote about a few weeks ago.

For those readers unfamiliar with the catastrophe-in-waiting that is Line 9B, here’s a summary from an older post of mine on the issue:

Line 9 is an already-existing pipeline which runs from Montreal to Sarnia, and for the past forty years or so it’s been transporting refined light crude oil westward. Enbridge, which owns the pipeline, applied to the National Energy Board for permission to reverse the pipeline’s direction, increase the volume it was allowed to transport, and switch over to transporting unrefined tar sands bitumen.

There’s a lot of issues with this plan. Bitumen has to be transported at a considerably higher pressure and temperature than light crude, and there are serious concerns about the integrity of the forty-year-old pipeline. A similar Enbridge pipeline of similar age burst near Kalamazoo, Michigan, in 2010, spilling over three million litres of bitumen into the Kalamazoo River. The fact that bitumen, unlike crude oil, sinks in fresh water made the disaster significantly worse, necessitating a complicated multi-year cleanup and causing massive damage to wildlife and the health of local residents.

That the oil spilled in a river is significant, because Line 9 crosses 36 different tributaries of Lake Ontario. A major spill of bitumen could be catastrophic for the world’s fourteenth-largest lake, which is the source of drinking water to over 9 million people in Canada and the United States.

And on top of all that, tar sands extraction is quite literally one of the most short-sided and ecocidal policies the human race could be pursuing right now. Making it easier for Enbridge to bring tar sands bitumen to international markets would be a terrible idea even if the structural integrity of Line 9 was guaranteed.

Despite this tenacious and active opposition and the weight of the arguments against the project, Enbridge was granted final approval to reverse the line a few weeks ago, and the company began pumping bitumen eastwards on December 3.

But even after the NEB’s approval and the line’s full reversal, the opposition to Enbridge’s project continues. Continue Reading

Prime Minister Trudeau: Intervene to put Line 9 on hold!

Earlier this week, incoming Minister of Indigenous and Northern Affairs Carolyn Bennett announced that the Liberal government intends to (finally) ratify the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Canada was one of only four nations to vote against the declaration at the UN back in 2007.

Speaking to media earlier this week, Bennet was full of enthusiasm for the treaty:

“That means starting out right, such that everything has been considered before a decision is taken so that you can find that win-win of ‘you can develop there but not there,’” Bennett told media this week, when asked how her government would abide by the UN declaration.

Her conciliatory remarks build on a statement by her boss, Justin Trudeau, who said, “No relationship is more important to me and to Canada than the one with Indigenous Peoples.”

And as the Star’s Joanna Smith notes, the move has more than symbolic consequences; it could have a serious impact on resource extraction in this country:

The Crown already has a constitutionally protected “duty to consult” with aboriginal peoples on issues that might affect their interests, but the UN declaration goes much further and calls on governments to obtain “free, prior and informed consent,” including when it comes to natural resources development…

How does a federal government implement those principles without risking a loss of control over its agenda? Bennett said achieving mutually beneficial results begins by having a conversation, and having it right away.

“There are many ways of achieving mutual results, but it begins with the conversation and it isn’t writing legislation and then saying, ‘You love it, don’t you?’ We are committed to sitting down early, at the earliest possible moment, on every single thing that will affect indigenous people in Canada,” said Bennett, who believes it is “hugely important” all parliamentarians, government departments, provinces, territories, mayors and municipalities understand this too.

All of which sounds fantastic. But it just so happens that there is an ongoing court case which touches on exactly these issues, and in which the Trudeau government has an opportunity to intervene and demonstrate that they’re not just making nice hopey-changey promises. Continue Reading

NEB delays reversal of Line 9 pipeline amid public pressure and a First Nations court challenge

The sad sorry saga of Line 9B has been dragging on for far too long – but luckily for us all, it’s gonna drag on a while longer.

If you’ve never heard of Line 9, then you’re like most people. Given the huge potential for disaster that this pipeline represents, it’s been embarrassingly under-covered by the media.

Here’s a song about it!

“Line 9 Song” by Byron, used under an Attribution-Noncommercial license

Line 9 is an already-existing pipeline which runs from Montreal to Sarnia, and for the past forty years or so it’s been transporting refined light crude oil westward. Enbridge, which owns the pipeline, applied to the National Energy Board for permission to reverse the pipeline’s direction, increase the volume it was allowed to transport, and switch over to transporting unrefined tar sands bitumen.

There’s a lot of issues with this plan. Bitumen has to be transported at a considerably higher pressure and temperature than light crude, and there are serious concerns about the integrity of the forty-year-old pipeline. A similar Enbridge pipeline of similar age burst near Kalamazoo, Michigan, in 2010, spilling over three million litres of bitumen into the Kalamazoo River. The fact that bitumen, unlike crude oil, sinks in fresh water made the disaster significantly worse, necessitating a complicated multi-year cleanup and causing massive damage to wildlife and the health of local residents.

That the oil spilled in a river is significant, because Line 9 crosses 36 different tributaries of Lake Ontario. A major spill of bitumen could be catastrophic for the world’s fourteenth-largest lake, which is the source of drinking water to over 9 million people in Canada and the United States. Continue Reading

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