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

Rampage bounce back, force a game 3

Prince Rupert beat Terrace River Kings 8-1 on Feb. 16

All Native Basketball Tournament: Seniors Final

Kitkatla holds off upstart Vancouver squad to repeat as champions

All Native Basketball Tournament: Intermediate Finals

All Native Basketball Tournament: Intermediate Finals

All Native Basketball Tournament: Masters Final

The Hydaburg Warriors claimed their fifth straight masters division title Saturday.

All Native Basketball Tournament: Women’s Final

Kitamaat held off Similkameen to take the Championship 45-39

Ice skating on the North Coast, a rare treat

Seawolves hockey players bring their gear to Oliver Lake this week to play on the outdoor rink

Ammonia leak shuts down curling club in Nelson

It’s not yet clear when the leak was detected

Pavelski’s 31st goal helps Sharks top Canucks 3-2

Vancouver one point out of second NHL wild-card spot

Eight cases of measles confirmed in Vancouver outbreak

Coastal Health official say the cases stem from the French-language Ecole Jules Verne Secondary

Ontario police field complaints over Amber Alert for missing girl, 11, found dead

Some said the Amber Alert issued late Thursday for Riya Rajkumar disrupted their sleep

Former B.C. premier Gordon Campbell accused of sexual touching

Accuser went to police, interviewed by Britian’s Daily Telegraph

B.C. couple attacked with acid, slashed with knife in Vietnam

Warning, graphic images: Man has burns on 80 per cent of his body, slashed with knife

Northern B.C. First Nation clan says ancient tools found at pipeline work site

Archeologists from the Smithsonian Institute estimate one of the stones found dates back up to 3500 years

Names keep adding to vaccine petition started by B.C. mom

Maple Ridge mom started campaign to make vaccination a condition of attending school

Most Read