Aboriginal Consultation and
Accommodation in a Multi
Project Setting: The Horn
River Basin Case Study
Myron N. Barr*
Peter Grant & Associates
Barristers & Solicitors
900 – 777 Hornby Street
Vancouver, BC V6Z 1S4
Tel: 604-685-1229
mbarr@grantnativelaw.com
*(Statements/Opinions are those of author and
not necessarily Fort Nelson First Nation)
1
Fort Nelson First Nation
• Reserve located approximately six
kilometers south of the Town of Fort
Nelson in northeastern BC
• Signatory to Treaty 8
• Governed by Chief Councilor Kathi Dickie
and five Councilors Bernadette Makowski,
Sharleen Wildeman, Richard Resner,
Harvey Behn and Samantha Kotchea
2
Geographical Environment of
Fort Nelson First Nation
Traditional Territory
• In northern boreal region – many small
lakes, rivers, and waterways
• Rocky Mountain Chain in western part of
traditional territory
• Some territory is marshland and low lying
bog areas
3
• Trees are predominately coniferous:
spruce, birch, balsam, popular, and willow
• Many types of berries: saskatoons,
blackberries, raspberries, and choke
cherries
4
• Many fur bearing animals: beaver,
wolverine, fox, mink, and marten
• Also many moose, wolf, lynx, cougar,
caribou, wood buffalo, black bear, grizzly
bear and brown bears
• Birds include the loon, owl, ptarmigan,
spruce hen, mallard, duck, goose, and
crane
5
• Traditional activities include hunting,
trapping, food gathering, and fishing
• Traditional activities still an important part
of daily life of First Nation
6
Horn River Basin
(Not to Scale)
7
• Largest shale gas field in Canada
• New drilling technologies: horizontal
drilling/hydraulic fracturing
• After well drilled vertically, then drilled
horizontally
• New hydraulic fracturing techniques
• Water and sand injected at high pressure
to fracture the shale which then releases
gas
8
• Gas pumped out and run through gas
pipelines
• Companies operating in the Horn River
Basin include EnCana, Imperial Oil/Exxon,
Apache, Nexen, Devon, and EOG (Horn
River Producers Group)
9
• Province received $2.4 billion in oil and
gas land rights sales in 2008/2009
• The Horn River Basin and Montney shale
formation (nearer to Fort St. John)
accounted for 80% of those sales
• Province providing $187 million dollars to
upgrade the Sierra Yoyo Desan (SYD)
Road to improve access to Horn River
Basin
10
• EnCana estimates up to 500 trillion cubic
feet of reserves in Horn River Basin of
which 110 trillion cubic feet is recoverable
• Throne Speech 2009
– Horn River and Montney Basins referenced
– “Could yield 37 billion dollars in Provincial
royalty revenue, enough to fund Ministry of
Environment for over 130 years”
11
– “That is only two basins and one type of
revenue”
– “Dollars go to support priorities like health
care and education”
– “Open up a new Northern Energy Corridor”
12
• Major projects in or near to Horn River
Basin:
– Cabin Gas Plant (HRPG – EnCana major
operator)
– Trans Canada “Mainline” Pipeline Project
– Spectra Gas Plant upgrade
– Sierra Yoyo Desan Road upgrade
13
• Potential Projects in next few years?
– BCTC/BC Hydro Northeast transmission line
– Alaska Highway pipeline
– Site C Dam
• All these developments suggest Crown
should consult with Fort Nelson First
Nation on a regional wide basis including
regional planning
14
First Nation Consultation and
Accommodation Issues
•
•
•
•
What is the Project Description?
Where is Project located in Territory?
Overlaps with other First Nations?
Determine if Federal/Provincial/NEB
Environmental Assessments apply
• Region wide cumulative effects issues are
important
15
• Site specific/regional wide cumulative
assessment (issue in OGC/ILMB referrals)
• Recent announcement by BC to include
cumulative effects issues in Provincial EA
assessments
• Participation in economic benefits
(revenue sharing/business/employment
opportunities)
16
• Keeping community informed
• Preservation of aboriginal and treaty rights
• Key points for Nation involvement in EA
– At “Project planning stage” – Definition of
Project description
– Involvement in preparing Terms of Reference
17
– Ensuring TUS/AIS Studies are completed
before application is submitted to
EAO/CEAA/NEB
– Capacity Funding to Participate (Government
and Industry)
– Independent Scientific/Technical Review of
Project Application
– Environmental impacts
18
– Timelines to complete studies/provide input
– What are the impacts on aboriginal/treaty
rights
– Crown/proponent discussions regarding
impacts/infringement
– Accommodation discussions
– Input on terms/conditions of permit
• Regional TUS would greatly assist and
improve efficiency of consultation process
19