The one-year anniversary of the sinking of the Nathan E. Stewart has the Heiltsuk seeking damages in court

First Nation to sue over tug that spilled 110,000 litres of diesel off B.C. coast

Nathan E. Stewart hit the rocks near Bella Bella in October 2016

  • Oct. 16, 2017 12:40 p.m.

The Heiltsuk Nation is taking the owners of the tug that spilled 110,000 litres of diesel off the northern B.C. coast to court.

The Kirby Corporation-owned Nathan E. Stewart hit the rocks off the west coast of Bella Bella on Oct. 13 last year.

At the time, Heiltsuk Chief Marilyn Slett said the tribal council encountered a lack of co-operation from the government and the owner of the tug throughout the incident, forcing the First Nation to conduct its own investigation.

On Monday, Slett said that the lack of response from the company and the federal and provincial governments had made the “community’s road to recovery keeps getting longer and longer.”

The Nation alleges that “requests were largely denied or ignored” regarding the events that occurred on Oct. 13.

“The oil spill continues to be a catastrophic injury to our food sources, culture, and economy,” says Heiltsuk Tribal Council Chief Councillor, Marilyn Slett.

The Heiltsuk Nation claims this secrecy and lack of collaboration has continued throughout the post-spill recovery.

“Recently, we learned the B.C. Ministry of Environment and Kirby have been secretly negotiating an agreement on the post-spill environmental impact assessment since early this year,” says Chief Councillor Slett. “Since this nightmare began, the polluter and provincial and federal governments have ignored our questions and environmental concerns, our collaboration attempts, and our rights as indigenous people. We have no choice but to turn to the courts.”

READ: New rules in effect to transport liquid petroleum in B.C.

The Nation is preparing to take legal action, aiming to recover damages suffered by its members as well as to examine the actual state of Canada’s “world class” oil spill response system.

The case will seek compensation for loss of commercial harvesting of marine resources and infringement of Aboriginal rights relating to food, social and ceremonial importance of marine resources — factors that the current oil spill liability framework does not account for.

“When I’m not harvesting Gale Pass to feed my family, I am working there as a commercial fisherman, earning an income to support them – and I’m one of many,” says harvester and volunteer oil spill responder, Robert Johnson. “Despite our reliance on Gale Pass, the governments of British Columbia and Canada and Kirby the polluter have little interest in understanding the impacts of this oil spill on the health of my community, this environment, or our economy.”

The existing oil spill response framework excuses the polluter and government from full responsibility for oil spill impacts on Aboriginal rights otherwise protected by the Constitution.

As such, the province and the Kirby Corporation are not required by law to do comprehensive impact assessments of the oil spill. To date, they have rejected multiple Heiltsuk requests to participate in a study of the current and long-term impacts of the oil spill on the health of the ecosystem and marine resources and the social and economic consequences associated with the loss of harvest and use of the impacted area.

Instead, Kirby Corporation and the environment ministry are proposing a limited environmental assessment covering a minority of the area and species affected.

Heiltsuk Nation will be asking the courts to assess whether this existing regime of liability for oil spills can really be considered constitutional.

“We’re learning the hard way that indigenous people and coastal communities can’t count on polluters, Western Canada Marine Response Corporation, or the governments of B.C. and Canada in a crisis situation,” says Kelly Brown, Director of the Heiltsuk Integrated Resource Management Department. “For our sake, and the sake of our neighbours, we are consulting with a range of experts to assess damages, recovery times, and, ultimately, determine how we can prevent a similar disaster in the future.”

Analyses of the oil spill response have revealed massive safety and planning oversights by the polluter and federal and provincial government regulations. They include: a lack of spill response materials; ineffective booms and delays in employing them; a lack of safety instructions and gear for Heiltsuk first responders exposed to diesel and dangerous marine conditions; and confusion over who was in charge in the early hours of the oil spill.

“Government representatives travel the province, country, and the world preaching reconciliation and nation-to-nation relationships with first people. Meanwhile, back home, they are avoiding our calls and emails, excluding us from meetings, and ignoring our rights,” says first responder and Hereditary Chief Harvey Humchitt. “If the courts have to explain that this is not what nation-to-nation relationships and reconciliation look like, so be it.”

The Heiltsuk Tribal Council expects the results of the various impact assessments, legal analyses, and evaluations to materialize in the coming weeks.

– with files from The Canadian Press

Just Posted

Alert Bay, Sointula Sailings affected by bad weather

BC Ferries is holding the Quadra Queen II in dock this morning

Minor Earthquake strikes near Port Hardy

M 4.7 182km SW of Port Hardy

Viral video shows deer killed on Snapchat in Campbell River

RCMP say they have identified those involved and are working with conservation officers

Vancouver Island Firefighters Association Fall Training Seminar

Port Hardy Fire Rescue hosted the Vancouver Island Firefighters Association Fall Training Seminar.

‘Sisters of Song’ choir brings joy to Port Alice singers

“Music is an extreme source of joy for a lot of people.”

VIDEO: Rare comic showing Superman’s 1st appearance to be auctioned

The 1938 comic features Superman hoisting a car over his head

David Cassidy, teen idol and ‘Partridge Family’ star, dies at 67

Cassidy announced earlier this year he had been diagnosed with dementia

Vigil held for woman whose remains were found on Shuswap farm

Family and friends remember Vernon resident Traci Genereaux and along with five other missing women

Brewers create anti-fascist ale

Not For Nazis Nut Brown Ale made in the Shuswap will be ready in time for Christmas

LETTER: Jumbo Valley is part of Ktunaxa territorial claim

Ktunaxa Nation Council responds to Tom Fletcher column

3,800-plant grow-op busted on First Nation reserve

Three men face charges after RCMP bust a large drug operation on the Soowahlie Reserve near Chilliwack

VIDEO: Government approves funding of $750,000 drug for B.C. woman

Approval comes one day after province announces funding for Soliris on a case-by-case basis

B.C. boy’s social media bid to get levidrome in the Oxford dictionary goes viral

‘It’s been five weeks and has totally blown up today.’

INTERACTIVE MAP: Follow the 2017 Tour de Rock

Follow the Tour de Rock, as they pedal more than 1,000 kilometres fundraising to combat paediatric cancer

Most Read