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Submission to Parliamentary Standing Committee on Transport, Infrastructure, and Communities

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Submission to Parliamentary Standing Committee on Transport, Infrastructure, and Communities Lax Kw'alaams Band Lax Kw’alaams Band 206 Shashaak Street, 100 1st Ave East Lax Kw'alaams BC V0V 1H0 Prince Rupert BC V8J 1A6 Telephone:(250) 625-3293 Telephone: 250-627-5733 Fax: (250) 625-3246 Fax: 250-627-5933 SUBMISSION TO PARLIAMENTARY STANDING COMMITTEE ON TRANSPORT, INFRASTRUCTURE, AND COMMUNITIES concerning Bill c-48: An Act Respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast (Oil Tanker Moratorium Act) November 3, 2017 PRESENTED BY MAYOR JOHN HELIN ON BEHALF OF LAX KW’ALAAMS BAND 1 November 3, 2017 BILL C-48 INTRODUCTION Lax Kw’alaams is one of the largest bands in British Columbia, with a population of 3,872 members. Lax Kw’alaams’ holds unceded title to territories extending from the Skeena River valley to the Nass River valley, including all the coastal land, inlets, islands and waters around the Prince Rupert harbour to the Alaska border. Lax Kw’alaams is descendants the nine Coast Tsimshian tribes, 82% of whom are now affiliated with the Lax Kw’alaams band, the remainder with Metlakatla First Nation. For centuries, the Lax Kw’alaams people have relied on the ocean for their livelihood and sustenance. However, as access to marine resources has been curtailed by government regulation, shrinking access to the fishery, and unfair fisheries enforcement measures, Lax Kw’alaams is increasingly dependent on land-based economic opportunities. Lax Kw’alaams is now struggling to find alternatives that will allow its members to participate in the modern economy within the territory. Aboriginal Title The federal government has long acknowledged Lax Kw’alaams title to the territory surrounding Prince Rupert Harbour. Lax Kw’alaams Aboriginal rights to fish and navigate the waters in the area are also well recognized. Lax Kw’alaams territorial claim includes the ocean, which has been the centre of culture and economy for centuries. Since the Delgamuuk decision, the courts have held that with Aboriginal title, comes the right to use the land for a variety of purposes, including for non-traditional purposes. The Supreme Court of Canada in Tsilhqot’in reiterated this characteristic, affirming that the right to receive economic benefits from the land is an incident of title. The Crown must consult on any decision that could potentially have a direct or indirect impact on Aboriginal title or rights. While Lax Kw’alaams appreciates that Parliament is free to draft and enact legislation as it sees fit, such legislation should be consistent with the duty to consult; particularly where the legislation targets specific areas that are subject to Aboriginal title. It is Lax Kw’alaams’ assertion that this Bill is targeted at areas that are subject to Aboriginal title, and that it could, at the very least, have a profound impact on how Lax Kw’alaams is able to use its coastal lands for economic benefit. Reconciliation and a New Relationship On July 19, 2017, the Government of Canada stated its commitment to reconciliation and establishing a new relationship with First Nations. This was described in Point 2 of the Federal-Indigenous Relationship Principles as follows: Reconciliation is an ongoing process through which Indigenous peoples and the Crown work cooperatively to establish and maintain a mutually respectful framework for living together, with a view to fostering strong, healthy, and sustainable Indigenous nations within a strong Canada. 2 November 3, 2017 BILL C-48 Principle 4 states that The Government of Canada recognizes that Indigenous self-government is part of Canada’s evolving system of cooperative federalism and distinct orders of government. In committing to meaningful engagement, the Government of Canada committed to ensuring that indigenous peoples and their governments have a role in public decision-making, and to looking for opportunities to build processes and approaches aimed at securing consent in relation to the use of Aboriginal title lands and territories. (Principle 6). Canada also committed to collaborate with indigenous nations to develop a new fiscal relationship that “promotes a mutually supportive climate for economic partnership and resource development.” (Principle 8) Lax Kw’alaams welcomes these commitments, and is eager to work with the Government of Canada. It was therefore disheartening that this Bill, that is directed at Lax Kw’alaams’ territories, is being introduced without prior informed consent or even adequate consultation and input from Lax Kw’alaams. Modernization of the Economy (Economic Diversification) As the furthermost community on the northern coast, Lax Kw’alaams’ strategic location offers many opportunities for future development. Situated on the Pacific, Lax Kw’alaams lies at the end of a rail corridor from which goods are shipped to international markets. Lax Kw’alaams recognizes the need to leverage this to its advantage. In the latter part of the last decade numerous LNG projects were considering making multi- billion-dollar investments in Lax Kw’alaams’ territory. With eight proposed for the port area, Lax Kw’alaams spent the last six years actively engaged in environmental assessments. While most of the LNG projects have recently gone dormant or been withdrawn, a positive outcome for Lax Kw’alaams was the opening of new economic ventures, new partnerships with service companies working on port projects, and the negotiation of jobs and job-training related to the various LNG projects. The experience also facilitated an internal discussion of options for the modernization of Lax Kw’alaams’ economy. The conclusion of these discussions affirmed that Lax Kw’alaams’ members see the need to diversify how Lax Kw’alaams land and territory is used so as to secure economic prosperity for future generations. The membership affirmed the need to entertain opportunities pertaining to petroleum products provided such projects are undertaken in environmentally responsible ways. It is estimated that marine trade employs approximately 250,000 Canadians and injects more than $25 billion to Canada’s economy, but few of those benefits to Lax Kw’alaams people. With the decline in LNG related projects, Lax Kw’alaams must now look to other potential options for economic viability. Government restrictions, such as the targeted shipping restrictions identified in this Bill, could detrimentally impact on this. 3 November 3, 2017 BILL C-48 The Government of Canada and Lax Kw’alaams have the common goal of ensuring that economic activities undertaken in the region are conducted in an environmentally responsible manner. Lax Kw’alaams in engaged in a number of processes with the Government of Canada aimed at actualizing the New Relationship. One such process is the Reconciliation Framework Agreement For Bioregional Oceans Management And Protection. The purpose of that framework is to “facilitate reconciliation by helping the Parties reach new shared governance and management arrangements or agreements through discussion, exploration, and agreement on identified subject areas” which include shared governance, marine management and furthering economic opportunities on the Pacific North Coast. In addition, Lax Kw’alaams has been invited to engage in a review of the proposed Pilotage Act. The Oceans Protection Plan Process On November 7, 2016, the Prime Minister announced a $1.5 billion national Oceans Protection Plan to improve marine safety and responsible shipping, protect Canada's marine environment, and offer new possibilities for Indigenous and coastal communities. The Oceans Protection Plan is stated to have four main priority areas: • creating a world-leading marine safety system that improves responsible shipping and protects Canada’s waters, including new preventive and response measures; • restoring and protecting the marine ecosystems and habitats, using new tools and research, as well as taking measures to address abandoned boats and wrecks; • strengthening partnerships and launching co-management practices with Indigenous communities, including building local emergency response capacity; and, • investing in oil spill cleanup research and methods to ensure that decisions taken in emergencies are evidence based. The Plan also recognizes that Indigenous coastal communities share ties to Canada’s oceans that span generations, relying on them as a source of livelihood, food security, and valuable transportation routes. The Oceans Protection Plan provides Indigenous coastal communities with new opportunities to protect, preserve, and restore Canada’s oceans and sea routes. The Government of Canada recognizes that it needs the traditional knowledge and expertise of Canada’s Indigenous peoples and coastal communities to protect its coasts and waterways more efficiently. The Oceans Protection Plan acknowledges that Indigenous communities are long-standing safeguards of Canada’s waters, often being the first to respond to marine emergencies and suffering the most a marine pollution incident occurs. Having navigated the waters of the northern coast for centuries, Lax Kw’alaams, as with other coastal Indigenous communities, has insights and expertise that would enable more effective response and protection of our coasts. Their partnership in the Oceans Protection Plan is a critical element of Canada’s marine transportation system. Emergency Response and Waterways Management 4 November 3, 2017 BILL C-48 In accordance with the Oceans Protection Plan, the Government of Canada expects to partner with
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