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Nation seeks legal advice on oil shipments through territory

Author

By Shari Narine Windspeaker Contributor NISICHAWAYASIHK CREE NATION, Man.

Volume

31

Issue

6

Year

2013

The Nisichawayasihk Cree Nation has yet to have a conversation with, or even been invited to, a meeting by OmniTRAX, Inc., despite the American company’s plans to ship crude oil through the First Nation’s territory near Nelson House, Man.

NCN Councillor D’Arcy Linklater said he found out through media reports that OmniTRAX had entered into negotiations with 25 Alberta oil companies to ship oil on the former CN railroad line to the Port of Churchill, Man. That oil would then head to refineries on either the east coast of Canada or Europe.

OmniTRAX Canada, Inc. purchased the track from CN in 1997 and took over the Port of Churchill for $21 million. OmniTRAX Canada is a wholly-owned subsidiary of OmniTRAX, Inc. of Denver, which in turn is an affiliate of  The Broe Group.

“It’s business as usual for governments and corporations. Even though they have policies to consult and accommodate our people, they don’t do that,” said Linklater.

He points to the Heritage Resource Agreement, which was signed by NCN with the province. That agreement calls for a ceremony to be held before the land is disturbed by the government or developers.

NCN has its own environmental monitoring company that should have been consulted about OmniTRAX’s plan to ship crude oil on the line. OmniTRAX plans to transport 330,000 barrels of crude oil from the Port of Churchill in a test in October.

Linklater is concerned about damage that could be caused should a derailment take place. The railroad line stretches across much of NCN’s original territory, as well as a handful of other First Nation territories.

The Lac-Megantic, Que. disaster in early July, where unattended rail cars carrying crude oil derailed and the resulting explosion killed 47 people, is fresh in Linklater’s mind.

“I’m very concerned about that,” he said. “I’m also concerned about the pipeline incident in Alberta. Even though there was a leak there, they didn’t tell the surrounding communities there was a leak until about a week after.”

The six-week long release of bitumen emulsion from oil wells operated by Canadian Natural Resources Ltd. in four separate incidences on the Cold Lake Weapons Range in Alberta resulted in damage to wildlife, land and water in traditional Cold Lake First Nation territory.

Cold Lake Nation was only made aware of the leak when the Alberta Energy Regulator made an announcement following the fourth breach. The First Nation has been joined by more than 20 environmental groups calling for the Alberta Energy Regulator to hold an inquiry into the company’s Primrose East project.

Waterways are of particular concern to the Nisichawayasihk Cree Nation. It has entered into a partnership with Manitoba Hydro to develop the Wuskwatim Project, a 200-megawatt hydroelectric generating station at the Taskinigahp Falls on the Burntwood River.

“Our people are living in poverty and what we’re trying to do is to eradicate poverty (through) our partnership with Manitoba Hydro so we can share the wealth of our land and the water,” said Linklater.

NCN is seeking legal advice to determine what actions can be taken in response to OmniTRAX’s plan.

“I want to know how come the government did not consult with us … meaningful consultation. How are they going to accommodate us and what happens if they spill? What happens if there’s an accident?” said Linklater.

However, he admits he has little faith that anything NCN says will make a difference in the province’s or OmniTRAX’s plans for the Port of Churchill.

“The governments have not changed their attitudes and their behaviour towards our people and towards our land,” he said.
The fact that the rail line was already in existence and owned by OmniTRAX before the company made its decision to ship crude oil across NCN’s land could provide challenges to the First Nation in getting any kind of standing, said Patricia Burke-Wood, professor of geography at York University.

“I think there’s still a case for consultation for transport of hazardous materials through traditional territory or, in fact, even existing reserve land. But I imagine just in terms of the legal framework, it’s probably complicated by the fact (OmniTRAX is) using existing rail lines,” she said.