Coastal GasLink Pipeline Conflict

The conflict between the Wet’suwet’en Nation and the Coastal GasLink pipeline has attracted national attention, and deservedly so.  The crossing of the pipeline through the traditional territory of the Wet’suwet’en (yintah) is a conflict between Indigenous rights to govern land, government policies and priorities (e.g., environment versus economic development), corporate interests, and police.  This situation also highlights differences between the traditional governance of traditional lands by Hereditary Chiefs and the statutory limits of First Nations Bands, which are creations of the Indian Act.

The full scope of the conflict over the Coastal GasLink pipeline cannot be covered within this Learning Module.  The aim is to provide a general description of the situation and to highlight major sources of tension.  Content includes a description of the pipeline and of different perspectives of the pipeline, including TC Energy, Wet’suwet’en Hereditary Chiefs, and First Nations of the Wet’suwet’en.  A list of chronological events since 2012 covers some of the incidents and arrests that have occurred between the RCMP and Wet’suwet’en Land Defenders^[1].

About the pipeline

The Coastal GasLink pipeline began in 2020 and is currently under construction at a cost of about $40 billion.  The purpose of the pipeline is to transport natural gas from the oil and gas fields in northeast British Columbia (BC) near Dawson Creek to a liquid natural gas facility located on the central west coast near Kitimat.  The gas facility, owned by LNG Canada, will convert the gas to a liquid form and export the liquid natural gas to global markets.  The pipeline is approximately 670 kilometres long and will deliver 2.1 billion cubic feet per day (bcf/d) of natural gas with the potential to deliver up to 5 bcf/d.  Figure 1 illustrates the route of the pipeline, which goes over mountain passes, crosses salmon-bearing rivers, and overlaps many Indigenous territories.  As shown on the map, the project to build the pipeline is divided into eight sections, numbered from Section 1 in the east to Section 8 in the west.  Figure 2 shows the location of First Nations along the route.  Figure 3 shows the pipeline crossing about 190 kilometres of the 22,000 square-kilometre Wet’suwet’en traditional territory and the location of First Nations within the territory.  This part of the pipeline corresponds with Sections 6, 7, and 8 of the route, as shown in Figure 4.

Figure 1.  Route of the Coastal GasLink pipeline

Figure 2.  Location of First Nations along the pipeline route

Figure 3.  Section of pipeline crossing Wet’suwet’en traditional territory

Figure 4.  Wet’suwet’n territory and location of pipeline route

As of November 28, 2023, according to TC Energy’s update, the pipeline achieved mechanical completion.  This completion includes Section 7, the section of the pipeline where most of the conflict is taking place.  Mechanical completion includes the safe completion of construction, successful hydro-testing of the entire route, and appropriate engineering reviews.

Perspective:  TC Energy

The following information is drawn from TC Energy (2023), Coastal GasLink: Project Overview.

TC Energy is the corporation building the Coastal GasLink pipeline.  The pipeline is operated as a separate company, Coastal GasLink Pipeline Ltd.  The design of the pipeline began in 2012 with the environmental assessment process completed between 2014 and 2020.  According to TC Energy, the route of the pipeline was approved with consideration for a broad set of interests, including Indigenous, landowner and stakeholder input, the environment, archaeological and cultural values, land use compatibility, safety, constructability, and economics.

Coastal GasLink maintains that the pipeline offers a safe means to transport natural gas while also meeting strict environmental standards and providing significant economic benefits to the province.  These economic benefits include the following:

• 6,000 high-quality jobs during construction;
• $1.5 billion in employment and contracting opportunities for local and Indigenous communities;
• $21 million in annual property tax benefits; and,
• $11+ million invested in communities to date with investments continuing throughout the life of the project.

To ensure that Indigenous people benefit from the Coastal GasLink pipeline, TC Energy states it is committed to a collaborative approach.  TC Energy cites the 20 shared benefits agreements they have signed with First Nations along the route.  Sixteen of these First Nations recently signed agreements with TC Energy for an option to purchase a 10 per cent ownership stake of the project.  However, the pipeline does not cross the territories of any of these First Nations.

The approved route through the Wet’suwet’en territory is the site of greatest conflict, especially the crossing of the Wedzin Kwa (Morice River) in Section 7.  TC Energy’s position is that the specific route of Section 7 presents the only feasible option to connect with Section 8, which is a difficult, remote mountainous terrain.

Perspective:  Wet’suwet’en Hereditary Chiefs

Although some elected Band Councils along the pipeline route signed agreements with TC Energy, the Wet’suwet’en’s Hereditary Chiefs oppose the pipeline and did not consent to the project.  As confirmed by the Supreme Court of Canada in 1997, the Wet’suwet’en and Gitxsan have rights and title to the land of their traditional territories.  Accordingly, the Wet’suwet’en assert that Coastal GasLink, its employees, and contractors are trespassing on their land while the Province is issuing permits illegally.

To the Wet’suwet’en, access to their traditional lands is essential for their social, physical, cultural, and economic well-being.  Their territory is a sacred place of cultural sites and for the Wet’suwet’en to hunt, gather medicinal plants and berries, and fish.  The Wedzin Kwa (translated as blue-green river) is a sacred waterway that provides clean drinking water and sustenance.

While Band Councils have authority over Reserve lands, the Hereditary Chiefs govern the use of the Wet’suwet’en traditional territory.  Accordingly, the Government of BC engaged Wet’suwet’en Hereditary Chiefs (through the Office of the Wet’suwet’en) during the environmental assessment process to establish the route for the pipeline.  The aim was to reach an agreement for the route; however, the negotiations were not successful.

Perspective:  First Nations within Wet’suwet’en territory

There are six First Nations located on Reserve lands within the Wet’suwet’en territory:  Hagwilget, Witset (formerly known as Moricetown), Wet’suwet’en First Nation (formerly known as the Broman Lake Indian Band), Skin Tyee, Ts’il Kaz Koh, and Nee-Tahi-Buhn.  Together, the area of land covered by the six Reserves account for 35 square kilometres of the 22,000 square kilometres of Wet’suwet’en territory.  The Band Council for each First Nation, established under the Indian Act, has statutory authority over Reserve lands, and no authority over any of the traditional territory.

Five of the six Band Councils signed agreements with TC Energy and the province.  The agreements signed with TC Energy are confidential.  As reported by Matt Simmons, the agreements with the Province are public and show that the Bands received an initial payment with a promise of additional payments.  Simmons wrote, “By supporting the project the nations agreed ‘not to bring any court actions or proceedings that directly or indirectly challenge any government actions in relation to the natural gas pipeline project on the basis that the province has infringed any … rights recognized and affirmed’ by the Constitution Act.”

Hagwilget refused to sign an agreement; their interests align with the Hereditary Chiefs.

Tunnelling under the Wedzin Kwa (Morice River)

Natural gas is often promoted as a green source of energy.  However, this claim has been disputed, as natural gas is a major source of green house gas emissions.  s well, oil and gas pipelines cannot be separated from the source of production, all of which are embedded in a global economy predicated on the extraction of fossil fuels.  The Coastal GasLink pipeline is part of this global picture.  At its source, the pipeline is connected to the Montney Formation, a source of oil and gas that spans northeast BC and northwest Alberta.  The Montney Formation is a major source of shale gas extracted through the controversial method of fracking.  At this point, the Montney Formation is at its early stages of development and the Coastal GasLink pipeline to the west coast will help connect this resource to the global market.

When complete, Coastal GasLink’s 670-kilometre pipeline will cross about 625 streams, creeks, rivers, and lakes.  To date, TC Energy has been fined $456,200 for environmental infractions, such as protecting fish habitat.  One river of major concern to the Wet’suwet’en is the Wedzin Kwa (Morice River).  The river, a migration route for salmon, is a sacred waterway for the Wet’suwet’en people.  The pipeline threatens this river as a source of sustenance, cultural heritage, and drinking water.  The route of the pipeline crosses the Wedzin Kwa.  To traverse the river, TC Energy tunnelled under the river using a method called trenchless micro-tunnelling (see Text Box below).

The Wet’suwet’en are deeply concerned about tunnelling under the Wedzin Kwa, which is why this construction site has been a focal point of conflict, as noted below in the list of incidences and arrests.  The Coyote Camp is located a short distance from the drilling site.

On April 12, 2023, Coastal GasLink self-reported that two clay deposits at the Wedzin Kwa tunnel site were found.  The clay is used as part of the tunnelling process.  When not properly contained, the clay is a threat to the environment.

Events:  Protests and arrests

The construction of the pipeline through the Wet’suwet’en territory has been countered by on-going efforts by members of the Wet’suwet’en to defend their rights to govern the land.  A heavy presence by the RCMP has contributed to many clashes and arrests.  The following is a partial account of activities and outcomes, in chronological order.

Sources:

Events listed 2012 through 2019 are from the Supreme Court of BC decision to allow an injunction. Coastal GasLink Pipeline Ltd. v. Huson, 2019 BCSC 2264.

Details of more recent events are from various newspaper articles published in The Tyee, CBC News, and The Narwhal