Iskut band sues BC government over coalbed methane project

Tahltan try to stop Shell drill plan
Terrace Standard, January 08, 2008

First Nations Families Take BC Government to Court Over Shell Methane Project
Media Release, Dogwood Initiative, Jan 07, 2008

Band sues over project
The Province, 08-Jan-2008

A GROUP OF Tahltan are back in court in another attempt to stop Shell from drilling for coalbed methane natural gas in the Klappan area north of Terrace.

This time they want a declaration that the provincial government did not adequately consult them and other native groups before granting Shell drilling approvals back in 2004.

The Tahltan who oppose Shell’s plan in what they call the Sacred Headwaters because it contains the headwaters of the Stikine, Nass and Skeena rivers have already tried blockades and other court approaches to stop the energy company.

“Because the BC government granted Shell permits for exploration and drilling prior before adequately consulting our people, we consider those permits to be both invalid and illegal,” said Rhoda Quock, a Tahltan and member of the Klabona Keepers, a coaltion of Tahltan and others who oppose Shell.

“We are asking the court to grant an injunction against further development until adequate consultation can take place.”

Previous court actions have seen Shell apply for an injunction itself to have a Klabona Keepers blockade lifted which barred access to the Klappan.

And last December, the Klabona Keepers pursued their own injunction to have Shell stop repairing a road that will take them to the drilling sites for fear of harming any cultural and historical artifacts found on the route.

Shell drilled three wells in 2004 but halted further plans for 2005 and 2006 after Tahltan protests. They wanted to resume drilling in 2007 but the Klabona blockade and the need to repair the access road delayed those plans.

The Tahltan named the provincial government just last week in the 2007 suit filed by Shell to have the blockade lifted.

The Tahltan are relying on a ground-breaking Supreme Court of Canada decision which requires governments to “consult and accommodate” aboriginal interests over resource use and development.

“Shell’s project is likely to permanently harm our territory and the salmon, wildlife and cultural activities it supports,” said Quock. “The Sacred Headwaters is the place where our youth learn about our culture, where our elders want to go before they die. It is incredibly important to us.”

(Iskut, BC) -- Members of northern BC’s Iskut First Nation are heading to BC Supreme Court over a controversial coalbed methane project in the Sacred Headwaters, the shared birthplace of the Skeena, Nass and Stikine Rivers.

They assert that the BC government failed to adequately consult them and aboriginal groups downstream before authorizing Shell to carry out coalbed methane exploration – including road construction, seismic testing and well drilling – in the contested area, located southeast of Dease Lake.

“Because the BC government granted Shell permits for exploration and drilling prior before adequately consulting our people, we consider those permits to be both invalid and illegal,” said Rhoda Quock, one of the defendants in the suit. “We are asking the court to grant an injunction against further development until adequate consultation can take place.”

Shell Canada Ltd. originally initiated the suit in August 2007 in an attempt to obtain an injunction against last summer’s blockade of the main access road to the Sacred Headwaters. The defendants named the BC government in a third party notice filed in Vancouver court on January 3, which outlines concerns regarding lack of consultation.

“The limited dialogue that has occurred in Iskut has been largely conducted by Shell, not the government,” explained Quock. “We don’t think a corporation with an obvious vested interest in the outcome is in a position to fairly consult our people.”

The Supreme Court of Canada decision in Haida Nation v. British Columbia (2004) found that the BC government, not corporations, is responsible for consulting First Nations on proposed land and resource development.

Shell’s proposed drilling sites are located adjacent to spawning grounds for chinook, sockeye, coho, and steelhead in the Skeena watershed. Robust populations of grizzly bears, caribou, wolves, moose, mountain goat, and stone sheep inhabit the Sacred Headwaters area. The Skeena, Nass and Stikine Rivers are among Canada’s greatest wild salmon systems.

“Shell’s project is likely to permanently harm our territory and the salmon, wildlife and cultural activities it supports,” said Quock. “The Sacred Headwaters is the place where our youth learn about our culture, where our elders want to go before they die. It is incredibly important to us.”

Contact:
Rhoda Quock, Defendant: 250-234-3023
Jason Gratl, Counsel for Rhoda Quock: 604-694-1919

Members of Iskut First Nation in northern B.C. are suing the provincial government for allowing Shell to look for coalbed methane in their traditional territory without adequately consulting the band. The project is in land the natives hold as sacred near the headwaters of the Skeena, Nass and Stikine rivers.

© The Vancouver Province 2008