FILE – Marching down Highway 16 in February 2019 in Smithers. B.C., chiefs gather in Smithers to support Wet’suwet’en hereditary chiefs’ position on Unist’ot’en camp and opposition to Coastal GasLink natural gas pipeline. (Chris Gareau photo)

FILE – Marching down Highway 16 in February 2019 in Smithers. B.C., chiefs gather in Smithers to support Wet’suwet’en hereditary chiefs’ position on Unist’ot’en camp and opposition to Coastal GasLink natural gas pipeline. (Chris Gareau photo)

Wet’suwet’en hereditary chiefs take Canada’s environmental assessment system to court

Hereditary chiefs want Parliament to give itself the power to shut down oil and gas projects

Two Wet’suwet’en hereditary chiefs are suing the federal government to pass legislation that will allow government to shut down oil and gas projects after they have already been approved.

Attorney Richard Overstall filed the suit in Federal Court in Vancouver Feb. 10 on behalf of Lho’imggin (Alphonse Gagnon) and Smogilhgim (Warner Naziel) and their Likhts’amisyu Clan houses.

Overstall said the key item the plaintiffs are seeking is for the court to order the federal government to give itself the power to shut down projects such as the Coastal GasLink (CGL) LNG pipeline if Canada does not meet, or is in danger of not meeting its international commitment to reduce greenhouse gas (GHG) emissions under the Paris agreement, which seeks to keep global average temperatures below 2 C above pre-industrial levels.

Overstall said the claim wasn’t asking the court to order the government to shut down [projects],” but rather to change the environmental assessment act that approves projects like the $6.6 billion pipeline.

In essence, Overstall said, the chiefs want government to have the ability to take back an approval.”

“Right now once an approval is given to an oil sands project or an LNG project, there is no ability for the government to close it down,” he said.

Overstall said the suit is not specifically a prelude to a future claim to shut down the CGL project, but that it would open that door, if ordered.

“It would give anybody that ability to lobby the government,” he said. “I’m sure the fossil fuel industry would lobby the government not to use that power, but that’s the idea.”

The statement of claim relies on section 91 of the Constitution and Sections 1, 7 and 15 of the Charter of Rights and Freedoms as a legal basis.

Section 91 requires Parliament to “make Laws for the Peace, Order, and good Government of Canada.”

The claim states the government has breached that duty “by making laws that allow it to approve the construction and operation of high GHG-emitting projects and that allow such projects to continue operating through future decades with the result that Canada will be unable to comply with its constitutional duty to protect the plaintiffs and all Canadian citizens from the effects of global warming and will be unable to meet its international commitments to keep global warming to non-catastrophic levels.”

Citing Section 7 of the Charter, the claim said the government “has deprived the plaintiffs of their right to life, liberty and security of person by making laws that allow high GHG-emitting projects to operate now and into the future in breach of Canada’s fair contribution to keep global warming to non-catastrophic levels.”

Under 15(1) of the Charter it says the government “has deprived the plaintiffs of their right to equal protection and equal benefit of the law based on the age of the plaintiffs’ younger members and future generations by making laws that allow high GHG-emitting projects to operate now and into the future in breach of Canada’s fair contribution to keep global warming to non-catastrophic levels.”

Overstall said young people are especially at risk because fossil fuel projects have export licences for 40 years “which, as we say in the statement of claim, blasts it way through the various deadlines, 2030, 2050, that are in the Paris agreement and into the very dangerous, I would say catastrophic, climate effects in the latter half of the 21st century.”

Finally, the claim says that the infringement of Charter rights under Sections 7 and 15 cannot be justified by Section 1 which states Charter rights and freedoms are guaranteed “subject only to such reasonable limits prescribed by law as can be justified in a free and democratic society.”

The plaintiffs are are also looking for an order that the government completes independent annual audits of Canada’s cumulative greenhouse gas emissions “essentially warning the government and warning other Canadians when Canada’s share of the reductions is insufficient to meet the Paris agreement commitment,” Overstall said.

He added the chiefs feel it is their responsibility to take action on climate change.

“What they said to me was… these projects are going through our territories, we don’t like them for all kinds of environmental reasons, protecting our territories… we have a responsibility because anything that happens on our territory is our responsibility.” he said. “Under the Wet’suwet’en Indigenous law that’s always been a rule, that a house is responsible for what happens on its territories.”

The government has 30 days to respond to the claim. None of the claims have been proven in court.

Overstall expects the process to continue throughout the spring and summer and possible beyond.

CGL has not said yet whether it will seek intervenor status.

VIDEO: John Horgan denounces B.C. legislature anti-pipeline siege

READ MORE: CN Rail to shut down tracks to Prince Rupert port if northern B.C. pipeline blockade continues

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Williams Lake RCMP have announced a new officer in charge, Myron Friesen, of Grande Prairie, Alta. (Monica Lamb-Yorski photo - Williams Lake Tribune)
Longtime Williams Lake RCMP officer in charge leaving, new replacement announced

Insp. Jeff Pelley has been with the Williams Lake RCMP since 2016

Interior Health has declared the Cariboo Chilcotin a community cluster. (Angie Mindus photo)
Interior Health declares Cariboo Chilcotin region a COVID-19 cluster, 215 cases since Jan. 1

Most cases are related to transmission at social events and gatherings in Williams Lake

A boil water advisory has been lifted for residents in Williams Lake as of Thursday, Jan. 21. (File photo)
Boil water advisory lifted for Westridge, golf course, Terra Ridge area

Potable water sample tests showed water safe to consume

Aside from being a retired librarian and member of the Cariboo Chilcotin Partners for Literacy, Lil Mack advocates or literacy with her own little book box out front at her Ninth Avenue North home. (Monica Lamb-Yorski photo - Williams Lake Tribune)
Our Hometown: Advocating for literacy

Lil Mack has been with Cariboo Chilcotin Partners for Literacy since its inception

The City of Williams Lake is awaiting the arrival of seven terrain park features typically found at ski hills to create more winter recreational opportunities in Boitanio Park. (Arena Snowparks Instagram)
City shows cool side with winter, Boitanio rail park

“We’re just waiting for their arrival and a little more snow,” Atkinson said.

Maj.-Gen. Dany Fortin, vice-president of logistics and operations at the Public Health Agency of Canada, speaks at a news conference on the COVID-19 pandemic in Ottawa, on Friday, Jan. 15, 2021. THE CANADIAN PRESS/Justin Tang
B.C. records 500 new COVID-19 cases Wednesday, 14 deaths

Outbreak at Surrey Pretrial jail, two more in health care

Gov. Gen. Julie Payette takes the royal salute from the Guard of Honour as she makes her way deliver the the throne speech, Wednesday, September 23, 2020 in Ottawa. THE CANADIAN PRESS/Fred Chartrand
Gov. Gen. Julie Payette resigns after searing report into workplace culture: reports

Payette, who is the Queen’s representative in Canada, has been the governor general since 2017

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Grounded WestJet Boeing 737 Max aircraft are shown at the airline’s facilities in Calgary, Alta., Tuesday, May 7, 2019. WestJet will operate the first commercial Boeing 737 Max flight in Canada today since the aircraft was grounded in 2019 following two deadly crashes. THE CANADIAN PRESS/Jeff McIntosh
Passengers unfazed as WestJet returns Boeing 737 Max to service on Vancouver flight

After a lengthy review process, Transport Canada cleared the plane to return to Canadian airspace

The top part of the fossil burrow, seen from the side, with feathery lines from the disturbance of the soil – thought to be caused by the worm pulling prey into the burrow. (Paleoenvironntal Sediment Laboratory/National Taiwan University)
PHOTOS: SFU researchers find evidence of ‘giant’ predatory worms on ocean floor

Fossils found the prove the existence of an ancient Taiwanese worm as long as two metres

RCMP officers provide policing for 63 B.C. municipalities under a provincial formula based on population. (Black Press file photo)
B.C. communities warned of upcoming RCMP unionization costs

Starting salaries for city police officers are 30% higher

(Pxhere)
B.C. nurse suspended after using Tensor bandage to trap long-term care patient in room

Susan Malloch voluntarily agreed to a three-day suspension of her certificate of registration

Abbotsford’s Skully White (left), who donated his kidney in December, has started a campaign to find other recipients and donors. The first candidate is retired police officer Gavin Quon. White owns and operates a hotdog stand, Lullys Food Experience, out of the Abbotsford Canadian Tire parking lot. (Facebook photo)
After donating his kidney, Abbotsford hotdog king starts donor campaign

Skully White donated his kidney to customer Tim Hiscock in December

Toronto-based director Michelle Latimer was recently scrutinized after years of claiming she was of Algonquin and Metis descent. (CANADIAN PRESS/Chris Young)
Haida activist calls for hefty fines, jail time against those who claim to be Indigenous

Filmmaker Tamara Bell proposing the Indigenous Identity Act – to dissuade ‘Indigenous identity theft’

Most Read