GEM NEWS FEB 2012

There is no greater challenge to Gitxaala than the Enbridge pipeline project. The legal team representing Gitxaala in the Joint Review Panel Hearings are Janes, Freedman, and Kyle. They will be in community to provide an overview of how the hearings will proceed as well as answer any questions regarding the process.

Event:        Joint Review Panel Hearing Process

Date:          Tuesday, February 28, 2012

Time:        1:00 p.m. – 3:00 p.m.

Location:  Community Hall, Gitxaala

Date:          Thursday, March 1, 2012

Time:        7:00 p.m. – 9:00 p.m.

Location:   Highliner Hotel, Prince Rupert

The hearings in Lach Klan are scheduled for March 12 – 16.

The hearings in Rupert are scheduled for April 16 and 17.

Message from the Working Group

The working group, established to prepare for the daily functions of the hearings, are requesting pictures of members (harvesting, elders, youth etc.) to possibly include in a PowerPoint presentation or to display during the hearings. Please either email the pictures to working_group@gitxaalanation.com or bring them to the Band Office. We can scan them and return the original.

Working Group Members:

Colin Nelson KEC, Keith Innes – Set-up/ Clean-up, gather branches, pick-up dishes and cooking

Laverne Faithful – Names for tables and cooking

Leona Peardon – Names for baking, LKS student posters

Margaret Hill, Rita Robinson, Jeannette Moody and Warren Nelson – Drum and Dancers

Band Receptionist – Names for ferry

There will be chartered ferries on:

• March 11 departing Rupert at 10 a.m.
• March 17 departing Kitkatla at 10 a.m.
• April 14 departing Kitkatla at 8 a.m.
• April 18 departing Rupert at 10 a.m.

It is important to have as many members as possible attend. Please have them call the band office to put your name down. Hereditary names have already been added. Band Office toll free number 1.877.848.2214.

Everyone is asked to wear regalia and/or vests each day of the hearing.

https://www.neb-one.gc.ca/ll-eng/livelink.exe?func=ll&objId=701018&objAction=browse

 

The Joint review panel responsible for review of the Enbridge application to build a pipeline from Edmonton to Kitimaat will hear Gitxaala evidence of Impact on the following dates:

Lach Klan:

March 9 – 10:00 am – 5:30 pm (6.5 hours of evidence)

March 12 – 1:00 pm – 5:30 pm (4.5 hours of evidence)

March 13, 14, 15, 16 – 10:00 am – 5:30 pm (6.5 hours of evidence / day)

March 19 – 1:00 pm - 5:30 pm (4.5 hours of evidence)

Prince Rupert: (Gitxaala presentations)

April 16: 3:00 pm – 9:00 pm (4 hours of evidence

April 17: 9:00 – 4:00 (6 hours of evidence)

*A Working Group or Planning Committee is required to coordinate the daily functions of the hearings. If you can assist please contact Elmer Moody at 848-2214.

The Joint Review Process   http://gatewaypanel.review-examen.gc.ca/clf-nsi/bts/jntrvwprcss-eng.html

When a project may cause significant adverse environmental effects or there is a high degree of public concern, a project can be referred to a joint review panel process. The Minister of Environment decided that the Enbridge Northern Gateway Project would be assessed using a joint review panel.

Panel members will conduct a public process where they will receive and consider all the information on the record. The record will include information submitted by the project proponent and other participants. The review process will include a formal information request process on the application and oral hearing sessions.

Based on the record, the Panel will issue an environmental assessment report which contains its conclusions and recommendations. The report will include the Panel’s rationale for its conclusions and recommendations. The report will also include any mitigation measures, follow-up programs and a summary of comments received from participants. The environmental assessment report will be submitted to the Minister of Environment for a government response.

Once the government has responded to the report, the Panel will make a final decision on whether or not to approve the project under the National Energy Board Act. The Panel’s decision will include its reasons and any terms or conditions to be included in an approval if granted.

Gitxaala

In the JRP process we are raising issues with respect to (1) unjustified infringement of rights and title; (2) failure to adequately consult with respect to the Northern Gateway Project as a whole and (3) the inadequacy of the environmental assessment that has been undertaken.  As a part of this we have provided a very extensive record to the Crown (noting that Transport Canada is a party to the JRP proceedings), through our filings with the JRP for the Project, having the following broad components:

1. Evidence of rights and title, including evidence concerning the governance system.  This evidence includes, elder and member witness statements; a variety of ethnographic and historical expert reports; and a collection of historic documents. 
2. Evidence of the threat of an adverse effect, including a scientific report on a wide range of matters; an expert report on the incorporation of the lay assessment of risk (Andrea Bigano) and an expert report on the assessment of low-probability/high impact risks (Graciella Chichilnisky) and witness statements from elders and members.  In this respect there is also a substantial amount of evidence in the Enbridge and Crown filings.  Additionally we have filed a substantial amount of material retrieved through freedom of information requests concerning the tanker moratorium which are filed as part of our written evidence.
3. Evidence of the general consultation efforts, largely in the form of a witness statement from Elmer Moody.

Process

Gitxaala have not stood front and center for media in regards to opposition to this project. The area of focus is to participate in the hearing process to outline for the benefit of the JRP the three issues as identified. There are many community members interviewed by legal and consulting firm who will be presenting on:

Governance

Describe traditional governance system, origins of system, connection of system to territory, impacts to governance system from project.

Culture

Oral history/oral tradition evidence, Naxnox and spiritual connection to territory, ayaawx and adaawx, evidence on impacts to culture from the project.

Harvesting

Current use and role of harvesting in Gitxaala culture, impacts to harvesting from the project.

 Youth

Will show current use of traditional territory and transmission of cultural activities, impacts to transmission of culture from the project.

There are at least 20 community members identified who can provide oral evidence. The determination of presenters is made by legal and the research group conducting the interviews. The interviews and participation to present is based on information generated by interviewees and assurance that presentations are not damaging to Gitxaala position; i.e. suggesting alternate routes or other factors of mitigation. There is room to participate on the presentation to panel and to work with community and legal representatives on a strategic position.

*It is important to prepare and strategize for the hearings. Should you wish to participate inform Elmer at the band office as soon as possible.

Youth Councillor

 Warren Nelson………………………………………107

Clayton Hill………………….…………………………..22

Signature of Wendy Nelson, Chief Electoral Officer Date: January 24, 2012

These candidates have officially accepted their nominations and paid the $100 non-refundable deposit.

1. Hill Clayton

2. Warren Nelson

Voting for these candidates will take place on

This posting was approved by Wendy. Nelson, Chief Electoral Officer.

For more information contact Wendy at 250-848-2242 cell: 250-627-6390

 Email: wnelson@gitxaalanation.com

Kitkatla Band Office leave a message: 250-848-2214

1.    Hill Clayton (Accepted)

2.    Nelson Maria (Accepted)

3.    Nelson Warren (Accepted)

Note: This posting was approved by , Chief Electoral Officer Wendy Nelson.

For more information contact Wendy at 250-848-2242

Message: Kitkatla Band Office: 250-848-2214

Email: wnelson@gitxalanation.com

1.    Hill Clayton (Accepted)

2.    Nelson Maria (Accepted)

3.    Nelson Warren

Note: This posting was approved by , Chief Electoral Officer Wendy Nelson.

For more information contact Wendy at 250-848-2242

Message: Kitkatla Band Office: 250-848-2214

Email: wnelson@gitxalanation.com

Listed is the tentative agenda;

May 2^nd:

Ferry transport hereditary  and nation members to community

Dinner in community hall for hereditary

Activities being arranged by youth workers

May 3^rd

Community hall Public comment Am-Pm

William Shaw memorial gym Smorgasbord dinner * hereditary presentation

May 4^th

Ferry returns with hereditary.

Gitxaala continue to oppose Enbridge proposed activities and the affect to Gitxaala ie; increased tanker traffic throughout entire territory. Enbridge is aware of Gitxaala position and seek an understanding of our stance.  Gitxaala Environmental Monitoring (G.E.M), Calliou group and Janes Freedman and Kyle law collaborated to develop a traditional use study which encompasses the portion of our traditional territory that incorporates from Kitkatla inlet to Aristobal Island.The report itself is not comprehensive but provides the scope of affect to Gitxaala.

Gitxaala will continue with the strategies of presenting to the Joint review panel. It is the Joint review panel that will decide whether Enbridge Inc has met the requirements of identifying a process of mitigation and whether the project should be approved. Gitxaala represent that a joint review panel does not have the authority to make a decision that affects our aboriginal right.

We fully expect that we will continue to seek all avenues to ensure the protection of Gitxaala rights and that a presentation to Enbridge may just be the beginning.