B.C. First Nation launches court challenge over LNG plant effect on salmon

A First Nation in northern British Columbia has launched a judicial review against the Ksi Lisims LNG project, citing threats to the salmon populations that Gitanyow citizens rely upon. 

The Gitanyow Hereditary Chiefs filed the review against B.C.’s environmental assessment office last Friday. The court challenge rests on the potential environmental threats to salmon, which migrate thousands of kilometres through Gitanyow territory during spawning season. There are also concerns over climate impacts, which Gitanyow leadership feels are not being addressed by the provincial government. 

Tara Marsden, Wilp sustainability director for the Gitanyow Hereditary Chiefs, says the Gitanyow worry that salmon will be harmed when they leave rivers in their territory and emerge in the ocean where the Ksi Lisims terminal is proposed. 

The salmon “leave our territory, they go out, and then they're at this terminal site, and there's all this construction and noise and traffic and spills and contaminants,” she said.

It’s a concern given that Gitanyow citizens harvest around 10,000 sockeye salmon a year. There are also concerns over the more at-risk Chinook salmon, which Gitanyow has partially restricted fishing to allow for stocks to repopulate. 

However, the provincial government has deemed Ksi Lisims outside of Gitanyow territory and ruled it does not need Gitanyow consultation on the project, despite the harvesting concerns. Instead, the provincial government consulted with Gitga'at, Gitxaala, Kitselas, Kitsumkalum, Lax Kw'alaams and Metlakatla First Nations. 

Marsden is unclear why Ksi Lisims is considered outside Gitanyow’s purview, given the potential impact on salmon, including the health of the fish that Gitanyow will harvest. Gitanyow has pushed to be included in the environmental assessment process for a year, and has been unfairly excluded, she said. The Gitanyow also fear if they remain outside of consultation for Ksi Lisims, it will set a precedent for future projects. 

Projects outside Gitanyow territory have included their consultation before. Marsden points to the Morrison Mine, near an essential spawning location for Skeena River salmon. A coalition of First Nations intervened, provided comment and were consulted. The project was rebuffed by First Nations and eventually killed, Marsden said.

“I think the province relied on First Nations input to bolster the rationale for that decision,” Marsden explained. “Politically, they have their projects that they are behind, and they have their projects that they're not.” 

Canada’s National Observer asked if Marsden thinks it was a political decision that the province excluded Gitanyow from the consultation process for Ksi Lisims. 

“It’s hard to see otherwise; if they’re following the law and precedent, we would be included,” Marsden said.

Canada’s National Observer contacted the provincial government, but they declined to comment since the matter is before the courts. 

Currently, Gitanyow is not ruling out filing for an injunction but will first see the provincial government's response. 

The province “can certainly pause — that's completely within their power if they wanted to,” Marsden said. “That would be a great sign of good faith.”

Matteo Cimellaro / Canada’s National Observer / Local Journalism Initiative