Natives have rights, but not veto: experts Most B.C. first nations oppose pipeline but UN declaration, case law unlikely to stop oil's flow
By Peter O'Neil, Vancouver Sun January 28, 2012
Article Link The world received two blunt messages this week on Enbridge Inc.'s proposed $5.5-billion oilsands pipeline from Alberta to B.C.'s northern coast.
Prime Minister Stephen Harper told the World Economic Forum in Davos, Switzerland, that the government will "make it a national priority to ensure we have the capacity to export our energy products beyond the United States, and specifically to Asia."
But that pitch for the pipeline megaproject, which would open up the largely landlocked oilsands resource to non-U.S. buyers, was countered by a report quoting Assembly of First Nations National Chief Shawn Atleo. Atleo said the federal government and Calgarybased Enbridge required the "consent" of B.C. first nations who are mostly opposed to the project.
So do aboriginals have the legal ability to stop a major energy megaproject that the Harper government touts as the key to creation of numerous jobs and billions of dollars in new wealth?
They probably don't, legal experts said this week, though uncertainty remains about how courts might deal with a legal challenge.
Atleo's claim was made at a news conference after this week's Crown-first nations summit in Ottawa.
"The notion of first nations having free, prior and informed consent means exactly that," he said.
Atleo, of B.C.'s Nuuchahnulth First Nation, avoided using the word "veto." Instead, he adopted the "free, prior and informed consent" that is taken directly from the United Nations Declaration on the Rights of Indigenous Peoples.
Another of B.C.'s aboriginal leaders, Jody WilsonRaybould, concurred.
"There are impacts of major development projects that, based upon our rights and our territories, may and potentially will require the consent of first nations," said WilsonRaybould, a lawyer and the AFN's regional chief in B.C.
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