Tsilhqot'in_Chief_Roger_William

Tsilhqot'in Chief Roger William, from the Xeni Gwet'in First Nation, reacting to the news of a Supreme Court victory at a Vancouver press conference Thursday - UBCIC photo

Although this is from one month ago, as soon as I saw it of FB it struck me as important to publish. In particular it indicates a planetary shift towards aboriginal communities, and likely will connect with many over here who are working for the re-emergence of the Kingdom of Hawai'i.

"...to Teegee and many others, the decision meant so much more. The tribal leader said the ruling could signal the start of a new First Nations partnership with Canada, and the beginning of the end of a colonial reserve system that has isolated Aboriginals to lands much smaller than their ancestral territories.

"History-making, because the Supreme Court now requires oil, gas, mining and other resource developers to first seek the consent of First Nations. Until now, courts only obliged industry and government to ensure Aboriginal parties were consulting with, and accommodated.

""There was very strong language in the decision about the need for government to take the concerns of First Nations, either claiming or having established Aboriginal Title, very seriously in first seeking consent. I think that's where we've seen a shift in the law," said Rana."

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Enbridge dead, LNG delayed by 'historic' Supreme Court ruling: Aboriginal leaders

Stock watchers and Aboriginal leaders weigh in on the historic impact of a landmark legal decision, granting Aboriginals more control over pipeline and resource developments

The night before the historic Supreme Court decision on Thursday, granting new powers to First Nations to control oil and gas pipeline and other resource developments, Tribal Chief Terry Teegee was downright nervous.

"I was expecting the worst," said Teegee, with the Carrier Sekani Tribal Council.

The northern B.C. leader represents eight pipeline-affected First Nations, and his college friend was one of the Tsilhqot'in leaders in the province's interior who had been fighting this court battle for more than a decade.

Tsilhqot'in (pronounced Chil-co-teen) were seeking control of 1,700 square kilometres of ancestral lands off their official reserve territory.

But to Teegee and many others, the decision meant so much more.

The tribal leader said the ruling could signal the start of a new First Nations partnership with Canada, and the beginning of the end of a colonial reserve system that has isolated Aboriginals to lands much smaller than their ancestral territories.

"If we're stuck on these little parcels of land and that's all we have, then the flood gates are open for really unsustainable development – projects that we don't want, such as Enbridge, will be going through our territories, and that would be tragic for us."

'It was history'

"Then the next morning when my friend texted me [about the unanimous Supreme Court decision]… I was bit speechless.  I couldn't believe what I was witnessing."

The high court granted the Tsilhqot'in First Nation title to its massive off-reserve territory.

"It was history," said Teegee on Friday.

Chief Terry Teegee - Carrier Sekani Tribal Council - Vancouver Observer

Tribal Chief Terry Teegee - Carrier Sekani Tribal Council - photo by council

History-making, because the Supreme Court now requires oil, gas, mining and other resource developers to first seek the consent of First Nations.  Until now, courts only obliged industry and government to ensure Aboriginal parties were consulting with, and accommodated.

"This will have a profound impact on all discussions and engagement of First Nations with all levels of government and business and industry," said Grand Chief Stewart Philip.

"Gone are the days of easy infringement, and drive-by consultation," he added.

The decision prompted one Tsilhqot'in tribal leader to say Northern Gateway is dead, while another said Liquefied Natural Gas (LNG) proposals may be sorely affected too.

Stock watchers: LNG slowed, but not dead

Stock analysts immediately said the same to their investors.

"This ruling may add another layer of complexity to the proposed LNG pipelines and is likely to delay projects," wrote the editorial board for Stockhouse.com.

"Given the First Nations support for LNG pipelines (but not the Enbridge Inc. Northern Gateway project) we believe these will proceed," it added.

Enbridge did not respond to a request for comment on Friday.  Its stock did bounce back after dipping slightly in daily trading.

Meanwhile, one of B.C's main LNG pipeline proponents – TransCanada – had this to say:

"We are reviewing the Supreme Court decision to determine its potential impact on our proposed projects. We will continue to act proactively on our responsibility to consult and build relationships with Aboriginal communities near our proposed projects," wrote company spokesperson, Davis Sheremata in Calgary.

The LNG industry in B.C. is under pressure to conclude development deals soon, before world market conditions no longer make projects viable in a global race to supply Asia with energy.

'Phone ringing off the hook'

The legal community is calling the Supreme Court decision – one of the biggies for First Nations' rights advancement.

"My phone has been ringing off the hook," laughed Allisun Rana, a Calgary lawyer for several northeast B.C. First Nations that sit atop a massive shale gas deposit critical for nearly all of B.C.'s proposed LNG projects.

"There was very strong language in the decision about the need for government to take the concerns of First Nations, either claiming or having established Aboriginal Title, very seriously in first seeking consent.  I think that's where we've seen a shift in the law," said Rana.

LNG is both opposed and supported by B.C. Aboriginals, depending where you look.  Coastal first nations have inked deals, while many pipeline Aboriginal communities are dead set against it.

LNG opponents given new powers

As a sign of hot things have become, a recent TransCanada LNG open house was flash-mobbed by some 50 citizens in northern B.C.  Among them, a Gitxsan hereditary chief who loudly scolded the company for not seeking the permission of "legitimate" Aboriginal leaders for pipelines.

Likewise, the neighbouring Wet'suwet'en have held a protest camp for two years against LNG pipelines.  A tribal chief there told the Vancouver Observer last month that hereditary chiefs were "nearly unanimous" in their opposition to LNG.

Rana said the new Supreme Court ruling will likely give such First Nations new ammunition to advance their views.

"We might see the First Nations along the [LNG pipelines] feeling more empowered to stand strong on their beliefs about what should happen on lands they lay title claim over," said Rana.

But Rana clarified that the ruling did not say, 'if Aboriginals don't agree with a pipeline or project, it's dead.'  She said, the decision still lets the government green light a development if it can be argued in court as being in the "public interest."

She said the decision was sorely needed because the courts are getting swamped with First Nations legal actions against resource developments.

Courts were getting flooded with claims

Within hours of last week's federal decision approving the controversial Enbridge Northern Gateway pipeline, the Union of B.C. Indian Chiefs announced five new court challenges, with several more to come.

"It's official - the war is on!" said UBCIC Grand Chief Stewart Phillip to a thunderous applause at a downtown Vancouver rally.

Rana said the Supreme Court recognized this, and said it was time to give all parties more direction for resolving their differences.

"The court is almost screaming at us, when you read the decision," she said.

"They see a lot of [these Aboriginal cases opposing resource development], and again, again, First Nations have to return to the court.  If this doesn't tell governments what they should be doing, nothing will."