First Nations Hold the Cards in Northern Gateway Battle with Enbridge
A single holdout could mean indefinite delay. The situation shows how difficult it will be to export Alberta oil sands to Asia.
By Stacy Feldman and Kathryn Doyle, InsideClimate News
When the National Transportation Safety Board released a scathing report this month faulting Enbridge for its Michigan oil spill, speculation began instantly about whether it would harm the company's chances for its Northern Gateway pipeline to the Pacific Coast of British Columbia.
Even without the report, however, the project's prospects have long been slim at best.
That's because most First Nations in B.C.—where more than half the pipeline would pass—never signed treaties ceding their lands to the Canadian government. Despite offers from Enbridge that would give them a 10 percent equity stake worth millions of dollars and other cash benefits, many still refuse to give the needed right of way, setting up a legal clash that could end up at the Supreme Court.
A single holdout could delay the pipeline for many years, if not indefinitely—even if the project wins approval from Prime Minister Stephen Harper's Conservative government.
The debate over the Gateway mirrors that of the Keystone XL pipeline fight in the United States, with one major difference: While U.S. opponents of the Keystone XL are in a David and Goliath contest with TransCanada, that pipeline's builder, the power wielded by the First Nations has made the battle over the Gateway much more even.