Tag Archives: NEB

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

NEB consultation process with First Nations is bureaucratic racism at its most absurd

A vital legal issue which has emerged from the ongoing battles over major pipeline projects across Canada revolves around the government’s constitutional duty to consult First Nations on energy and resource extraction projects which impact their territories.

The National Energy Board (NEB), a committee of appointees charged with reviewing proposed energy infrastructure projects, has been holding these consultations on the government’s behalf. Not good enough, say many First Nations; they assert that they have a treaty right to be consulted directly by government, on a nation-to-nation basis, rather than by an arms-length bureaucratic entity widely viewed as a rubber-stamping sinecure for well-connected energy/pipeline industry professionals.

One band, the Chippewas of the Thames First Nation, is pushing its challenge over lack of proper governmental consultation all the way to the Supreme Court in relation to Enbridge’s Line 9B, a case that I’ve covered in some detail here before.

There was some initial hopefulness after the election of Prime Minister Trudeau that the new government would take a different approach in this regard. They made encouraging noises about ratifying the United Nations Declaration on the Rights of Indigenous Peoples, and Trudeau instructed his new Natural Resources Minister, Jim Carr, to “modernize” the NEB process to ensure it is more “inclusive” and “confidence-inspiring”.

However, APTN revealed today that there will be no additional consultation of First Nations beyond the NEB’s process, a real blow to hopes that Trudeau was serious about establishing meaningful nation-to-nation relations.

But issues with the NEB’s consultation of First Nations go far beyond the question of whether they are the correct body to be conducting this process, constitutionally speaking. The actual process of consultation itself is a bureaucratic absurdity, with the byzantine (and frankly racist) rules governing which kind of evidence can be presented and when dictated largely by the energy and pipeline companies pushing these projects.

Just take a look at this: 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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