The National Energy Board’s TMX Reconsideration Opening Statement by the Yarrow Ecovillage 2018-14–05 It is our understanding that this reconsideration review by the National Energy Board, of Trans Mountain Pipeline expansion, was ordered by cabinet in relation to the decision of the Federal Court of Appeal released on August 30, 2018. (Tsleil-Waututh Nation et al. v. Attorney General of Canada et al., 2018 FCA 153). A succinct overview of the findings of the Court are contained in the Federal Court of Appeal’s (unofficial) Executive Summary: “The validity of the Order in Council was challenged on two main grounds: first, the Board’s process and findings were so flawed that the Governor in Council could not reasonably rely on the Board’s report; second, the Government of Canada failed to fulfil the legal duty to consult Indigenous peoples. The Court accepted both grounds.” ( http://www.fca-caf.gc.ca/fca-caf/pdf/ Executive_Summary_Trans_Mountain_(English)_clean.pdf Our concern is with the first of the two grounds stated above: “…The unjustified exclusion of project-related marine shipping from the definition of the project rendered the Board’s report impermissibly flawed: the report did not give the Governor in Council the information and assessments it needed in order to properly assess the public interest, including the project’s environmental effects…” (Ibid.) We are part of a bioregion here in the Lower Mainland. This bioregion extends from the Salish Sea to the Eastern Fraser Valley. We are also part of the larger Fraser River watershed which has its headwaters near Mount Robson in Northeastern British Columbia. Ecosystems within these larger biogeographical units are interrelated—a “web of life,” in more poetic language. The Indigenous Peoples knew all this thousands of years before Europeans arrived. The Coast Salish people lived in this bioregion and shared a common language, Halkomelem. Dialects of Halkomelem were spoken from Cowichan traditional territory on Vancouver Island, to Nanaimo, and included most of the Lower Mainland, to near Hope, BC, in the traditional territory of the Sto:lo. The Indigenous Salishan People tell us that they did not have boundaries such as those established by colonial governments. The explosion of the non-Indigenous population, industrialization and the balkanization of the bioregion have resulted in ecosystems on life support. Apex species, such as the Orca in this bioregion are imperilled. The Southern Resident Orca Pod are endangered. The chief component of their diet, the salmon, are likewise suffering many threats from industrial development. The Yarrow Ecovillage was founded on the vision of “a community living and working in harmony with neighbours and nature.” Since buying the 25-acre property in 2002, we have wrestled with the problem of building a socially, culturally, economically and ecologically sustainable community. We formed a cooperative with the intent of creating a group with a conservation ethic, gained certified organic status for our 20 acres of farmland in 2003 and, working with the City of Chilliwack, created “Ecovillage” zoning in 2006 for the 5 acres not in the Agricultural Land Reserve. There are now well over 100 residents and farmers living at the Ecovillage. The salmon-bearing stream that crosses our organic farm has been the focus of extensive habitat restoration. What was once a ditch, is now a rich, biodiverse, riparian habitat. The part of the creek near the pipeline crossing, in particular, has undergone extensive restoration in the past 15 years, thus improving salmon habitat. As a testament to that work, the City determined there was no need to dredge the creek this year in the area where we had done the most work. The ultimate complement for our efforts was that a beaver moved in (and began felling the trees we had planted in successive plantings over the years). To say that expanding the pipeline is inimical to our efforts is an understatement. We are very conscious that what we are trying to do—what so many people on the west coast are dedicated to—is preserving and defending habitat that supports humans, plants, animals and the climate. The salmon who spawn in Stewart Creek are a keystone species supporting wildlife including birds, bears and otters. The salmon are an important link in the transfer of nutrients (nitrogen, sulfur, carbon and phosphorus) from the ocean to the forest ecosystem. The salmon comprise about 95% of the diet of the Orca. The survival the Orca depends on healthy salmon populations. The two are intimately connected. There is a lot of media coverage of threats to the salmon and the orca. However, research is only just beginning to identify the root causes. The U.S. Environmental Protection Agency recently published a summary of their research into the state of the Southern Resident Orcas: "Recent declines in killer whale population are linked to threats such as toxic pollution, and noise and disturbance from boat traffic. However, killer whales also fundamentally rely on healthy populations of salmon – particularly Chinook – which are declining across the Salish Sea. These factors are all interconnected in a way that suggests an even greater impact on the killer whale population than can be predicted by studying any one factor by itself." https://www.epa.gov/salish-sea/southern-resident-killer-whales While there has been increasing research on the effects of noise and shipping traffic on the Orca, there is a need for multidisciplinary research into other root causes of the declining salmon and Orca populations, such as the growing threats of habitat destruction, pollution, fish farms and climate change. There has been an erosion of the regulatory regime protecting riparian and ocean habitats through successive governments in the past 20 years. While funding by the federal government is crucial, much more is needed, including a fundamental change in law and regulations with respect to riparian habitat. While the Yarrow Ecovillage can improve the habitat of the salmon bearing stream crossing our property, we have no control over industrial pollution up and downstream. The initial review of the proposed Trans Mountain Pipeline Expansion by the National Energy Board did not permit testing of evidence by cross-examination. Thus the original proponent, Kinder Morgan, had the last “kick at the can,” so to speak. Not only did we believe that failing to grant the right of cross-examination was a denial of fundamental justice, we also knew that Kinder Morgan’s whole project was based on false assumptions. The Trans Mountain expansion hinges on “being able to get Canada’s resources to tidewater.” While this may have been achievable in 2013, the business case collapsed with the fall in oil prices. Five years later, the world is moving towards a new economy—one in which fossil fuels are no longer burned. If the Board had been able to give full credit and due weight to evidence presented by intervenors (stripping out Kinder Morgan’s spin), Canada might not have headed down the perilous path of pipeline expansion. One such fact, that was brushed aside, was the fact that despite shipping bitumen through that pipeline for over a decade, Kinder Morgan was unable to secure markets in Asia. Virtually all of the bitumen that has been transported through the line to Westridge Terminal has gone down the coast to California. Put plainly: the proposed Trans Mountain Expansion Project carries a risk of oil spills, and other forms of habitat destruction that would threaten the salmon and the Orca. If such a project was needed, one might try to balance the risks (to humans, flora, fauna and climate) against the potential (financial) rewards of selling Canada’s resources. That is no longer even worthy of contemplation. The world is moving rapidly into clean energy, electric transportation and a new economy. We now know that further expansion of the oil sands will shoot Canada’s commitments under the Paris Agreement. Canadian governments at all levels need strong leadership from the federal government to address the scourge of climate change. Prepared by: Michael Hale .