ALBERTA
A3
MONDAY, OCT. 21, 2013
Alberta won’t review excluding bands from oilsands hearings cal 1935, said his group hasn’t even had a chance to figure out how it could be affected. “There hasn’t been any consultaEDMONTON — The Alberta government says it won’t reconsider recent tion, there’s never been a traditional decisions to bar two aboriginal groups land use study, so we can’t fully say from voicing concerns about oilsands what the traditional land use was,” he developments on or near their tradi- said. The government said the local could tional territories. That refusal comes despite urgings appear on behalf of its two members from a Queen’s Bench judge to loosen who live in the area, but Harrietha said that’s not restrictions on the same as who has the speaking as a right to appear group. before boards “Aboriginal making decirights aren’t sions on how held by the indevelopment dividual,” he in the province said. “What can proceed. they’re asThe governserting is that ment “doesn’t we’re basically see that it’s a community necessary to association. review those “They’re cases,” said treating us like Nikki Booth, a boy’s and spokeswoman — LETTER FROM THE girl’s club.” for Alberta EnALBERTA ENERGY REGULATOR Alberta’s vironment. policy on who Earlier this year, the Metis Local 1935 from Fort has the right to speak at such hearMcMurray and the Fort McKay First ings was criticized in an Oct. 1 court Nation filed statements of concern re- judgment. Justice Richard Marceau overturned a decision to bar two envigarding oilsands developments. The Metis are concerned about the ronmental groups from presenting conThickwood project proposed by Griz- cerns, largely because of a document zly Oilsands Ltd., which would pro- suggesting the decision was made for duce about 12,000 barrels of oil per political reasons. Marceau added in a non-binding day about 60 kilometres northwest of part of the ruling that restrictive rules Fort McMurray. The group says the project is in an on who can speak violate both the govarea used for hunting and other tra- ernment’s own legislation and previditional activities and two of its mem- ous court rulings. “The process of identifying who is bers live there. The Fort McKay band filed a state- ‘directly affected’ should not be decidment of concern regarding an Athabas- ed by the application of rigid rules,” ca Oil Sands Corp. (TSX:ATH) proposal Marceau wrote. He said hearings should seek a for a 6,000 barrel a day pilot project about 20 kilometres from one of its broad range of information and that doubts should be resolved in favour of reserves. It says the project will add to the the applicant. “I think it’s fair to say that (Marceau) ongoing extinction of moose and caribou from the area as well as damage was encouraging a wider application of traditional ceremonial sites used by the standing test than he perceived is being applied,” said Sandy Carpenter, Fort McKay. “There are quite a few concerns that a Calgary lawyer whose practice focuswere filed,” said band spokeswoman es on resource and regulatory law. Carpenter added that Harrietha has Dayle Hyde. But in September, both groups were a point when he complains about the told they failed to make their case. government dealing with individual Neither will be able to air their con- aboriginals instead of communities. “When First Nations and Metis say cerns to the body that decides how — their rights are collectively based, or if — projects should proceed. Fort McKay was told it hadn’t pro- they’re right in saying that. If an abvided hard evidence to show Athabas- original group can put forward the exercise of rights by members of the ca’s project would affect it. “A connection between the alleged community in the area in question, (traditional) activities, even if they are that’s something that should be taken carried out in and around the proj- into account.” Booth said the government decides ect area, and the project has not been shown,” said a Sept. 19 letter from the who can speak at hearings based on the circumstances of each case. Alberta Energy Regulator. “Each case has their own different No hearings at all will be held for impacts,” she said. She said the courts the Athabasca proposal. The Metis were told that having only are available to groups that disagree two members that live on the land in with the government’s ruling. Harrietha said Local 1935 is considquestion weren’t enough. “The ... filer must demonstrate that ering its options. “We’ll be asking the government for the majority of the group is directly affected by the aforementioned project,” a review. Depending on their response we’ll have to determine whether furthe department wrote on Sept. 20. But Kyle Harrietha, manager of Lo- ther action is required.” BY THE CANADIAN PRESS
STORY FROM PAGE A1
DERAILMENT: Residents to remain evacuated for two more days Four CN rail cars carrying anhydrous ammonia left the rails at Sexsmith. That followed the derailment of 17 CN rail cars, some carrying petroleum, ethanol and chemicals, in western Saskatchewan on Sept. 25. There were no injuries in any of the derailments. Officials said residents of a village who were forced from their homes after a train wreck and fire were expected to be out of their homes for up to two more days. Parkland County issued a news release on Sunday stating that its mandatory evacuation order affecting about 100 people in Gainford remains in effect. CN said late Sunday that a “controlled burn” was being done on the contents of six of the cars containing liquefied petroleum gas. Company spokesman Warren Chandler said the decision to conduct the burn was reached with Transport Canada, Alberta Environment and officials in Parkland County. “The parties agree that this is the safest and most effective way to allow the residents to return to their homes as quickly as possible,” Chandler said. Chandler wouldn’t say how the burn was being conducted, but noted that large flames and smoke would be visible. Earlier in the day, the company said CN crews worked Saturday night to move the four cars carrying crude oil a safe distance from the cars laden with liquefied petroleum gas. Despite the cluster of derailments, a CN spokesman said rail remains a safe way to transport materials. “CN’s safety record has been very solid, in terms of its main track derailments last year, they were the lowest on record,” said company spokesman Mark Hallman. “The vast majority of commodities, such as dangerous commodities, that are transported from origin to destination, more than 99 per cent reach destination without any accidental release.” Federal New Democrat MP Olivia Chow took issue with that assessment. She called on the federal government to take stronger action to improve rail safety. “The latest train derailment, fire and evacuation tell the Conservative government that vague promise without a clear work plan is not enough,” Chow said in an email.
She said inspections need to be increased and automatic braking systems need to be mandated. Municipalities also need to be given better information about what dangerous goods are being transported on trains. Federal Transport Minister Lisa Raitt’s office issued a statement saying the federal government has invested over $100 million in rail safety and brought in tougher fines for companies that violate safety regulations. Three of the rail cars on the train that derailed Saturday caught fire. They were carrying liquefied petroleum gas. Four freight cars carrying crude didn’t break open, Hallman said. CN said the train was travelling to Vancouver from Edmonton. The Gainford area remained under a state of emergency Saturday night. Travel on the Yellowhead Highway — the main east-west corridor in northern Alberta — was restricted. The Transportation Safety Board was sending investigators to the scene to determine the cause of the derailment. In a statement, CN said the track was tested last week as well as last month and no issues were found. It also said an inspection of the train when it left Edmonton on Friday found no problems. CN was clearly sensitive to the public relations fallout from the derailment. The company brought in some of its top brass to manage the situation, including Chief Operating Officer Jim Vena. He apologized to the residents of Gainford for the disruption and promised the company would get to the bottom of what happened to prevent it from happening again. “We run a safe railroad, but we do have incidents,” Vena said. The recent derailments come as documents obtained by Greenpeace suggest CN is considering shipping Alberta bitumen to Prince Rupert, B.C. in quantities matching the controversial North Gateway pipeline. A departmental briefing note obtained under access to information laws said CN was reportedly working with Chinese-owned oil giant Nexen to examine transporting crude by rail to be loaded onto tankers for export to Asia. CN denied it made a specific proposal for Prince Rupert, but said it will consider any such project as it comes up. The Northern Gateway project has faced intense scrutiny and criticism and it was unclear whether the project would get the necessary approval. There has also been intense scrutiny over shipping oil by rail following July’s horrific derailment of a Montreal, Maine and Atlantic train in LacMegantic, Que. The subsequent fire claimed 47 lives.
“ BACK IN THE day, ROADSIDE ASSISTANCE cost ABOUT 20 CENTS.”
‘A CONNECTION BETWEEN THE ALLEGED (TRADITIONAL) ACTIVITIES, EVEN IF THEY ARE CARRIED OUT IN AND AROUND THE PROJECT AREA, AND THE PROJECT HAS NOT BEEN SHOWN.’
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Photo by THE CANADIAN PRESS
Emergency crews battled a massive fire Saturday, after a CN tanker train carrying oil and gas derailed in Gainford, west of Edmonton. Thirteen cars — four laden with petroleum crude oil and nine carrying liquefied petroleum gas — came off the tracks around 1 a.m. in the hamlet, about 80 kms from the provincial capital.
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