EnergyBC

First Nations

Land Claims (SFU, 2004)

As part of a study prepared for Coastal First Nations, the Offshore Oil and Gas Research Group of Simon Fraser University provided a thorough summary of issues regarding BC First Nations and their role in any future offshore development.

The Nisga’a, Tsimshian, Haida, Haisla and Heiltsuk First Nations traditional territories surround the BC coastal waters currently protected under the moratorium. Several of these tribes have competing, and occasionally overlapping, Aboriginal title claims over offshore areas that are proposed for oil and gas exploration and development. Currently, the Haisla, Heiltsuk and Tsimshian Nations are about two-thirds of the way through the provincial treaty process (BC Treaty Commission (BC TC) 2003). The Haisla Nation planned to renew negotiations in September 2003 after a two-year pause, while the Heiltsuk Nation, following a similar pause, voted on resuming negotiations in September 2003 (BC TC 2003). Similarly, the Tsimshian Nation has focused on advancing member Nations’ interests through treaty negotiations (BC TC 2003).

The Haida Nation has declared “aboriginal title over all of Haida Gwaii (its Aboriginal name for Queen Charlotte Islands) including the seabed resources of over half of Hecate Strait and 320 kilometers out into the Pacific Ocean." The Haida Nation has rejected the provincial treaty process by recently filing a lawsuit asserting Aboriginal title to Haida Gwaii and the surrounding waters (BC TC 2003). The federal and provincial governments have not recognized or acknowledged Aboriginal title claims to ocean territory (Rankin 2004). First Nations with an interest in ocean resources have only one option for asserting title: seeking court intervention similar to the Haida lawsuit. Consequently, it appears that any proposed offshore oil and gas activity will become entangled in protracted court proceedings. These claims have significant bearing on exploration and exploitation rights as well as the future dispensation of any potential revenue. Vodden et al. (2002) discusses how similar Aboriginal rights and title disputes in Nova Scotia and the Canadian North have resulted in increased roles and socioeconomic benefits for local tribes.

Impact on Culture/Lifestyle

Coastal First Nations have long depended on the area's abundant ocean resources as a major source to meet dietary needs and to generate a commodity for trade. This dependence on the marine resources is deeply ingrained in their culture and has become a way of life. The Haida and Tsimshian Nations have publicly stated they want the moratorium maintained, since offshore oil and gas threatens fisheries resources that are considered vital to their life and culture.The Haida Council of Assembly passed a resolution in 1985 imposing a moratorium on offshore development until the resolution of rights and title claims. The Haida Nation has stated that “The Haida are not totally opposed to offshore exploration as long as it could be done in an environmentally friendly way,” but they do not believe that technology exists to protect the waters and coastline of Haida Gwaii. (JWEL, 2001).

Other First Nations have also expressed reservations about lifting the moratorium. At the BC Ministery of Energy and Mines’ public hearings held in nine northern communities, Richard Spencer of the Kitkatla First Nations emphasized the cultural, social and historical importance of the sea by telling the Offshore Oil and Gas Task Force (OOGTF) that “the ocean is our table,” (BC OOGTF 2002). Additionally, Chief Garry Reece of the Lax kw’alaams Band (member of the Tsimshian nation) spoke at a conference held at Simon Fraser University. His people want to conduct their own investigation into the risks and benefits to them before they would contemplate allowing any development to proceed. He stated that the Lax kw’alaams would require revenue-sharing agreements and equal decision-making status before they would reconsider their stance (JWEL, 2001). Furthermore, the Heiltsuk do not support removing the existing moratorium nor do they support offshore exploration and development within Heiltsuk territory (Hogan 2002).

Some credit from above text to Review of Offshore Oil and Gas Development by Simon Fraser University.