LETTER – Decision on TMX route puts industry over reconciliation
Jacko Lake.
Statement released by Stk’emlúpsemc te Secwépemc Nation in response to a decision by the Canada Energy Regulator to allow a deviation in the Trans Mountain pipeline expansion through the Jack Lake (Pipsell) area:
On June 11, 2017, Pípsell was officially designated as a Secwépemc Nation Cultural Heritage Site (stkemlups.ca/process/). The Stk’emlúpsemc te Secwépemc Nation (SSN), stood with our fellow Secwépemc Nation communities and families to re-affirm and mark Pípsell through ceremony in accordance with our Secwépemc laws, customs and traditions and a national resolution.
Since time immemorial, our people have had an ancestral, cultural, and spiritual connection to the area known as Pípsell, which is considered a “cultural keystone place”. Furthermore, under Secwépemc law, Stk’emlúpsemc te Secwépemc (SSN) are yecwemínem (caretakers and stewards) of Pípsell. We exercise physical, cultural, and spiritual rights in and through the Pípsell area that flow from the land and allow us to make decisions in respect of the land, and which carry legal and spiritual stewardship obligations. Our obligation to maintain and steward the Pípsell area has always been and continues to be our paramount concern in relation to the Trans Mountain Expansion Project. All steps taken by SSN in this regard have been informed by our overarching obligation to protect the integrity of this land for past, present, and future generations, in accordance with Secwépemc law.
Through engagement and collaboration over the years, Trans Mountain is aware of the spiritual and cultural significance of the Pípsell area and our obligations to these lands. The sacredness of this area is also recognized by the provincial and federal Crown.
SSN withdrew its opposition to the Project’s crossing through SSN territory by agreeing to enter into a Mutual Benefits Agreement with Trans Mountain. The mutually agreed promises reflect our inherent jurisdiction over our territory and our right to protect our cultural heritage, Indigenous knowledge and Indigenous legal orders.
SSN is deeply disappointed and strongly disagrees with the decision of the Canada Energy Regulator (“CER”), a federal regulator, to allow Trans Mountain, a Crown Corporation wholly owned by the federal government, to proceed with construction methodologies through the Pípsell area which directly, unjustifiably and irreparably harm our rights and obligations in and to these lands.
The CER issued its decision with “reasons to follow”, thus opening the door to Trans Mountain to proceed on an expedited basis, leaving SSN with great uncertainty and limited immediate options to safeguard our interests. Despite this, Trans Mountain intends to break ground on October 2, 2023, which is a statutory holiday for Canadians to honour the National Day for Truth and Reconciliation.
SSN’s opposition to the new construction methods approved by the CER is a product of the exercise of our inherent right to self-govern our lands and resources in accordance with Secwépemc law and rights affirmed under the United Nations Declaration on the Rights of Indigenous Peoples (‘UNDRIP’).
This approval by the CER directly undermines Secwepemc law and represents a failure to recognize the transformative change in the relationship between the Crown and Indigenous peoples that was represented through the federal government’s passing of the United Nations Declaration on the Rights of Indigenous Peoples Act affirmed UNDRIP into Canadian law. Further, it is contrary to the Truth and Reconciliation Commission’s “Principles of Reconciliation,” including Principle 8, which states, “Supporting Aboriginal peoples’ cultural revitalization and integrating Indigenous knowledge systems, oral histories, laws, protocols, and connections to the land into the reconciliation process are essential.” It is also inconsistent with the federal government’s published “Principles respecting the Government of Canada’s relationship with Indigenous peoples.”
It is deeply saddening to us, on the eve of the National Day for Truth and Reconciliation, to see yet again the prioritization of the interests of industry over the advancement of reconciliation. As Canada prepares to honour the National Day for Truth and Reconciliation on September 30th, we call on Prime Minister Trudeau and all federal ministers to reflect on this truth – that despite the promises made to Indigenous peoples by this government and others, the corporate interests of a Crown corporation overseen by a federal regulator continue to take precedence over the spiritual and cultural integrity of this cultural keystone place, our inherent rights, and our unceded title.
STK’EMLUPSEMC te SECWEPEMC
ArmchairMayor.ca 
I don’t see that there’s much difference between the misdirection used by the oil and gas industry for past multi-decades in order to maintain and increase their profits and the same kind of misdirection used by Trans Mountain regarding our government’s intended trampling of their agreement with SSN over the pipeline route through the Pipsell area. In fact I think David’s analysis of the situation (above, on Sept. 30 at 11:49 AM)) seems very clear to me. The only thing he failed to mention is that one of the major reasons why a recent attempt to mine that area was prevented mainly because of SSN’s long standing interest in keeping it unmarred. A most rightful interest in my opinion. Pierre’s comment I find to be the antithesis of conciliatory.
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To be absolutely clear:
This statement bypasses any detail regarding just what the problem is, so lets be transparent.
Originally, the ‘Mutual Benefits Agreement’ between the SSN and Trans Mountain did reflect SSN’s inherent jurisdiction and right to protect cultural heritage, Indigenous knowledge and Indigenous legal orders. No question.
This agreement meant that the SSN needed to agree with the means and type of construction for the pipeline … and for that agreement, they also received renumeration … cash.
Originally the plan was to drill / bore mine a trenchless microtunnel of sorts that would leave the surface land mostly unscared for 4.2 Km’s along the route. This was agreed upon.
With ‘subsequent investigation’ by Trans Mountain, it was realized that for 1.3 Km’s of this section, the ground material (hard rock) would not allow for this type of process due to ‘significant technical challenges’, and the only way to lay the pipe through this 1.3 km stretch of territory was by the same open trench, cut/cover process used throughout the project … obviously deeply scaring the lands surface.
To be clear, 4.2 km’s were originally agreed for this trenchless micro tunneling, and it was found that 1.3 km of this could not be done this way. All of this is over a 1.3 km stretch.
The exact problem is detailed in Trans Mountains application to the CER (Canada Energy Regulator) to amend the planned route and type of construction:
“Trans Mountain is encountering significant issues with the microtunnel drive … which is one of the longest micro-tunnel drives that has ever been attempted in a hard rock formation anywhere in the world, with this type of micro-tunneling machine”
… literally telling us that to do this would be a world first.
Furthermore the application states, quote –
“… the costs of micro-tunneling have significantly exceeded the typical costs of completing trenchless construction. In addition, every month of delay to mechanical completion (and by extension, the TMEP in-service date) results in significant increased construction costs well beyond initial cost estimates for the micro-tunneling, not including costs and impacts to various third parties who are relying on the timely completion of the TMEP.
Based on its assessment of the options available to avoid these potential outcomes, Trans Mountain has determined that the only feasible option is to change the construction methodology for an approximately 1.3-kilometre segment to a combination of horizontal directional drilling (“HDD”) and conventional open trench.” end quote.
In other words, it costs too much, takes too long, and ‘impacts to various third parties who are relying on the timely completion’ means that early completion bonuses were at risk. Its about money.
Whats not said is two fold;
– The likelihood that Trans Mountain did not previously know about the potential issues with the land and how a specific construction type would not be possible … is pretty much impossible. No one would go into this type of agreement without knowing if it would work or not. They likely knew all along.
– It is also pretty clear that although it may be a ‘world first’, this microtunnel process is mechanically possible … but would simply cost too much, and Trans Mountain knew that going in, so instead of dealing with it up front, they chose to do it this way and after the fact apply to the CER on August 10, 2023 for a decision in their favour … which it did.
Thats how we get to today, the SSN is rightfully complaining about Transmountain backtracking, yet the length of pipeline at issue is not through all the disputed territory, and Trans Mountain IS trenchless tunneling most of it … just 1.3km’s is at issue here.
I have no stake either way, and limited opinion,
I’m just stating the facts not being divulged by either side.
cite:
https://docs2.cer-rec.gc.ca/ll-eng/llisapi.dll/fetch/2000/90464/90552/548311/956726/2392873/3781642/3808974/3808419/4398997/C25832-1_Section_211_Deviation_Application_%28PPBoR_M002-PM03011-014%29_-_A8S0Q0.pdf?nodeid=4397153&vernum=-2
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The millions of dollars required to pay for nation wide “reconciliation” initiatives have to come from somewhere, including oil and gas royalties.
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