FOR IMMEDIATE RELEASE: Fort Nelson First Nation files for judicial review to protect threatened boreal caribou
July 18, 2017 - Fort Nelson, B.C. - Fort Nelson First Nation (FNFN) has filed for a judicial review of the BC Oil and Gas Commission (BCOGC) approval of Rockyview Resources Inc.’s recent gas pipeline project. The project is slated to cut across a critical habitat of the boreal woodland caribou, a provincially and federally recognized species at risk.
FNFN’s challenge of the BCOGC’s decision comes because the BCOGC failed to adequately consult or consider FNFN’s requests and concerns, or information related to threatened caribou populations. The project moving forward would also harm FNFN treaty rights to harvest caribou.
“The 39km proposed gas pipeline cuts right through core caribou habitat in our territory, in an area with the most concentrated and highest known use by boreal caribou for forage, calving, rearing and protection from predators,” says Lana Lowe, Director of FNFN Department of Lands & Resources. “This area has been important harvesting grounds for our people, but in particular, the area contains very important habitat for caribou, which our people have relied on for many generations to feed our families.”
“It’s important to stress that as a nation, we support and encourage economic development opportunities in our territory,” says FNFN Acting Chief Sharleen Gale. “We look to proactively engage both proponents and the crown on development opportunities so that they can be planned in a way that creates long-term benefits for our members while also respecting our lands, water and treaty rights.”
FNFN’s approach to successful working relationships with proponents focuses on early engagement, joint planning and co-development. This includes having steps taken by the proponent to engage respectfully with the nation to properly understand their concerns. Projects must also adhere to environmental standards compatible with those of the nation.
Throughout the application process, FNFN made strong submissions to the BCOGC regarding the proposed pipeline. This included developing a plan (the FNFN Caribou Report) to support the recovery of the caribou in that area, and a consultation process specific to the proposed project application. The BCOGC refused the invitation to work out a specific consultation process, and deemed it not practical to consider the FNFN Caribou Report. This resulted in the BCOGC using inadequate and incomplete data to determine that the proposed pipeline poses ‘no material adverse effect’ (MAE) to the caribou populations in the area. The BCOGC has not provided a clear explanation of this determination.
After several failed attempts by FNFN to meet with the BCOGC, the project was approved on June 23, 2017.
“The BCOGC demonstrated an inadequate, unlawful and wholly unacceptable approach to consultation with FNFN regarding how this pipeline will impact boreal caribou in our territory,” says Lowe. “There is no evidence to suggest that the herd is stable, yet the province and Rockyview Resources insist that it is. 84% of boreal caribou habitat in B.C. is within FNFN territory. We clearly have an interest in saving and helping restore caribou populations, and for this reason, our community has chosen not to hunt caribou until the population stabilizes. We expect the same stewardship ethic from companies who wish to access our territory for economic purposes.”
The approval comes only months after the BC Government committed $27M to a comprehensive caribou recovery program demonstrating its commitment to species at risk. Declining caribou populations is an issue that is of grave concern in light of both provincial and federal caribou recovery objectives, as well as FNFN treaty rights to harvest caribou. With clear efforts on the part of both FNFN and the B.C. Government to stabilize the caribou habitat, it makes no sense to approve and invite a pipeline project that directly conflicts with that goal.
“FNFN wants to support projects in our territory. We also need proponents to engage with us early in the planning process, commit to building long-term relationships, and operate in a way that supports FNFN development objectives,” says Acting Chief Gale. “We know from experience that finding this balance is what creates lasting benefits.”
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Media contact:
Amanda Munro, 604-360-3994, amanda@munrothompson.com
Backgrounder Information:
FNFN’s challenge of the BCOGC’s decision comes because the BCOGC failed to adequately consult or consider FNFN’s requests and concerns, or information related to threatened caribou populations. The project moving forward would also harm FNFN treaty rights to harvest caribou.
“The 39km proposed gas pipeline cuts right through core caribou habitat in our territory, in an area with the most concentrated and highest known use by boreal caribou for forage, calving, rearing and protection from predators,” says Lana Lowe, Director of FNFN Department of Lands & Resources. “This area has been important harvesting grounds for our people, but in particular, the area contains very important habitat for caribou, which our people have relied on for many generations to feed our families.”
“It’s important to stress that as a nation, we support and encourage economic development opportunities in our territory,” says FNFN Acting Chief Sharleen Gale. “We look to proactively engage both proponents and the crown on development opportunities so that they can be planned in a way that creates long-term benefits for our members while also respecting our lands, water and treaty rights.”
FNFN’s approach to successful working relationships with proponents focuses on early engagement, joint planning and co-development. This includes having steps taken by the proponent to engage respectfully with the nation to properly understand their concerns. Projects must also adhere to environmental standards compatible with those of the nation.
Throughout the application process, FNFN made strong submissions to the BCOGC regarding the proposed pipeline. This included developing a plan (the FNFN Caribou Report) to support the recovery of the caribou in that area, and a consultation process specific to the proposed project application. The BCOGC refused the invitation to work out a specific consultation process, and deemed it not practical to consider the FNFN Caribou Report. This resulted in the BCOGC using inadequate and incomplete data to determine that the proposed pipeline poses ‘no material adverse effect’ (MAE) to the caribou populations in the area. The BCOGC has not provided a clear explanation of this determination.
After several failed attempts by FNFN to meet with the BCOGC, the project was approved on June 23, 2017.
“The BCOGC demonstrated an inadequate, unlawful and wholly unacceptable approach to consultation with FNFN regarding how this pipeline will impact boreal caribou in our territory,” says Lowe. “There is no evidence to suggest that the herd is stable, yet the province and Rockyview Resources insist that it is. 84% of boreal caribou habitat in B.C. is within FNFN territory. We clearly have an interest in saving and helping restore caribou populations, and for this reason, our community has chosen not to hunt caribou until the population stabilizes. We expect the same stewardship ethic from companies who wish to access our territory for economic purposes.”
The approval comes only months after the BC Government committed $27M to a comprehensive caribou recovery program demonstrating its commitment to species at risk. Declining caribou populations is an issue that is of grave concern in light of both provincial and federal caribou recovery objectives, as well as FNFN treaty rights to harvest caribou. With clear efforts on the part of both FNFN and the B.C. Government to stabilize the caribou habitat, it makes no sense to approve and invite a pipeline project that directly conflicts with that goal.
“FNFN wants to support projects in our territory. We also need proponents to engage with us early in the planning process, commit to building long-term relationships, and operate in a way that supports FNFN development objectives,” says Acting Chief Gale. “We know from experience that finding this balance is what creates lasting benefits.”
-30-
Media contact:
Amanda Munro, 604-360-3994, amanda@munrothompson.com
Backgrounder Information:
| fnfn_judicial_review_backgrounder__july_18_2017.pdf |
Welcome to the website of the Fort Nelson First Nation!A Nation, A People - Strong, Healthy, Proud and Self-Reliant.
We are "the People of the Land" and we have occupied the lands of our traditional territory in the Northeast of British Columbia for tens of thousands of years. Our connection with the land and the resources of our territory goes back many generations. We were, and still are, hunters and gatherers and we moved around the territory with the seasons, and with the animals that sustained our way of life and our livelihood. We were historically known as the Fort Nelson Slavey Band.
Our people came from different areas of the territory. Fort Nelson, where we are now, is not our original home. The Old Fort, on the banks of the Fort Nelson River, was just where we came to trade our furs, and to purchase goods, at the Hudson Bay Post. We came from different areas of the territory: Nelson Forks, Francois, Deer River, Snake River, Kotcho, Fontas, Kahntah and Moose Lake. Some of our relatives even came from as far away as Alberta and the NWT and they were adopted into our Nation by our elders. We did not get our “reservation” until the early 60’s, (50 years after signing our Treaty) at which time most of us were moved to “Mile 295”. At that time, some of our families remained, and continue to live, where their families lived for generations; and these places are Moose Lake, Fontas and Kahntah. We have just over 700 members and have 10 reserves. Our total reserve land base is 9556.5 hectares. IR #2 is the largest and is located at Mile 295 off the Alaska Highway and is the main reserve and home to about half of our population. We have reserves at Fontas, Kahntah, Snake River, Moose Lake, Francois and Maxhamish Lake. Our people speak the Dene and Cree languages. There are about 160 houses on IR#2. Facilities include an administration office, justice department, Chalo school, daycare/Headstart, lands office, adult learning centre, health centre, cultural arbor and capital works. Many generations of our men, women and children have lived and thrived in this area. We have a commitment, and an obligation, to care for and protect our rights, our lands, our waters, our animals and the whole ecosystem for future generations; but at the same time, we must create economic certainty for our people and balancing those interests are a daily challenge. Chief Jimmie Badine and Headman Tommy Whitehead signed our adhesion to Treaty No. 8 on August 15, 1910 at the Old Fort. In the Spirit of our Treaty of peace, sharing and co-existence, we welcome others to our Territory with the expectation that they will respect our lands, our ways and the intent of our Treaty. Remembering our past, will honour and support our elders, our youth and our community as a whole. Let belief, truth and respect for our culture, and for each other, be the strength of our future. In this website, you will become familiar with our many departments that serve our community, as well as our resourceful staff. Please explore it, and learn about who we are. Mussi, Chief Liz Logan "We, the people of the Fort Nelson First Nation assert our aboriginal rights to ownership and jurisdiction in our territory and our rights are confirmed by The Royal Proclamation of 1763, The Constitution Act (1867), Treaty No. 8 of 1899, Sections 15, 25 and 35 of the Constitution Act (1982) and Articles 33 and 35 of the United Nations Declaration on the Rights of indigenous Peoples." 
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Attention Band Members We need your contact information for the First Nation Land Management Initiative:
Please contact Cynthia Burke with your information. She can be reached at 250.774.6313 or cynthia.burke@fnnation.ca. Click here to enter your information online. Need to call us?
T: 250.774.7257 TF: 1.888.543.3636 
Hours of operation: Monday to Friday, 8:30-12pm and 1-4:30pm. We are closed during lunch and all statutory holidays. 
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Photo property of Fort Nelson First Nation.
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Our people held title by aboriginal right to specific territories with this region. The Crown recognized the territorial and jurisdictional rights of our people within the boundaries of Treaty No. 8, as demonstrated by the Crown entering into treaty with the Fort Nelson Slavey on August 15, 1910, in the form of an adhesion to Treaty No. 8, signed on the banks of the Fort Nelson River at the Old Fort Nelson. We, the people of the Fort Nelson First Nation assert our aboriginal rights to ownership and jurisdiction in our territory and our rights are confirmed by The Royal Proclamation of 1763, The Constitution Act (1867), Treaty No. 8 of 1899, Sections 15, 25 and 35 of the Constitution Act (1982) and Articles 33 and 35 of the United Nations Declaration on the Rights of indigenous Peoples. We have rights and privileges under the provisions of said Treaty including, amongst others, access to and benefit of the resources within our traditional territory of said Treaty “for as long as the sun shines, the grass grows and the rivers flow”. ~ Excerpt from the Fort Nelson First Nation Membership Code |
