Mi'kmaw chiefs reject fracking in Nova Scotia

Days after Premier Tim Houston's government passed legislation that lifts the provincial moratorium on hydraulic fracturing for onshore natural gas, Mi'kmaw leaders in Nova Scotia are making their position clear and threatening legal action.

"The Mi'kmaq of Nova Scotia and the Assembly of Nova Scotia Mi'kmaw Chiefs continue to remain opposed to hydraulic fracturing and will not see it happen in our unceded and traditional territory," reads a letter to the premier that is signed by the 13 chiefs who comprise the assembly.

The letter was posted on social media Thursday night.

On Friday, the chiefs released a statement saying that they are looking into filing an injunction into the province's law-making process on fracking and uranium mining because the government is making decisions "about the lands and waters in the unceded and traditional territory of the Mi'kmaq, without any real consideration of the rights holders."

"Environmental racism is a real thing," Chief Michelle Glasgow is quoted as saying in the release.

"The Province of Nova Scotia and Premier Houston are making decisions and moving at a speed that appears rooted in racist and colonial practices. They continue to marginalize the voices, position and concerns of the Mi'kmaq."

Looking for more information

In a telephone interview, Chief Terry Paul said he and his colleagues are standing up for the rights of their people and the environment. The chiefs are not opposed to development, he said, but the various levels of government have a legal requirement to consult before anything can occur.

Paul said the chiefs have yet to receive any information that changes their view on the safety of fracking.

"We don't have enough information to support this," he said.

"We're told that there is new technology that makes fracking a lot safer, but we haven't seen that technology. We would like to be shown that, we would like whoever is proposing this to explain to us what makes it much safer and then maybe we'd have a much more informed decision to make."

'A thorough process'

Houston's office issued a statement Friday saying that "there will be extensive consultation with all Nova Scotians and First Nations communities when projects are proposed."

"It will be a thorough process," the statement said.

"We have been clear that as we move forward, we will not compromise the environment. We are also proud Nova Scotians and, of course, care about protecting our water, air and land. Where projects are shown to be safe, they will move forward."

The statement goes on to say technology has advanced since the moratorium was instituted about a decade ago, and that includes methods to reduce water use for fracking.

A new direction for government

The chiefs have been at odds with Houston and his government since a recent policy shift by the Progressive Conservatives that focuses on the development of the province's natural resources.

When Houston announced the new direction in January, he said the province needs to develop its natural resources to make Nova Scotia more financially self-sufficient at a time when Canada faces the threat of tariffs from the U.S. government, something asserted again in Friday's statement.

"This is not only uncomfortable, but also dangerous because the U.S. controls 100 percent of the flow of natural gas to Nova Scotia. Currently, 18 percent of our energy depends on natural gas. Meanwhile, Nova Scotia has enough of it within our borders to meet our natural gas demand for 200 years."

In announcing the policy shift in January, Houston said his government was taking on unnamed special interests and professional protesters whom he accused of pressuring previous governments and holding back the province's economic development potential.

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• Government bill to lift fracking moratorium, uranium mining ban in N.S. clears final reading
• N.S. Mi'kmaw chiefs say they should have been consulted on natural resources legislation

The premier was forced to clarify last month that he did not view the Mi'kmaq as a special interest group after a letter from the chiefs reminding him of the legal requirement for First Nations consultation.

Houston heard from the chiefs about the need for consultation again following the introduction of Bill 6, the legislation that lifts the fracking moratorium and ban on uranium exploration and mining.

That prompted a meeting with the premier, L'nu Affairs Minister Leah Martin and the Assembly of Mi'kmaw Chiefs.

Interest from industry

On Tuesday at Province House, Houston told reporters that the meeting he and Martin had with the chiefs was "productive."

The government needs to "continue to have a discussion with [the chiefs] and involve them and share more information with them as things go forward," the premier said.

In its statement Friday, the chiefs said they were speaking out to dispel any notion that they were "properly consulted and/or on board with these recent provincial decisions."

Paul said during the interview that the chiefs came away from the meeting with Houston and Martin thinking they had got their message across.

"We require them to follow a process that we all agree to and that's the consultation process and that hasn't been done," he said.

"We thought that that would happen and we're hoping that it will still happen … We need to be consulted before lifting the ban so that we can feel comfortable in what the province is doing."

The Progressive Conservatives pushed ahead with Bill 6 unamended despite the concerns of the chiefs and members of the public who made written submissions and in-person presentations to the legislature's public bills committee.

Although there was industry support for uranium exploration and mining during that committee meeting, there were no supportive presentations for fracking.

Energy Minister Trevor Boudreau later told reporters that officials in his department are aware of companies with interest in the legislative changes happening in Nova Scotia. Boudreau said lifting the fracking moratorium is "an opportunity for us to look at what is the art of the possible."

'It's time to have the discussion'

Earlier this week, the premier acknowledged the pushback the plan to lift the fracking moratorium has received. He and Boudreau have been steadfast that no project would be approved without a rigorous environmental assessment that shows it can happen without compromising environmental or human health.

"It's OK for Nova Scotians to have a bit of nervousness about a change in having these discussions," said Houston.

"That's OK. I share that. That's why we know that we'll have an effective process going forward, but it's time to have the discussion on the development of our natural resources. For the most part, I think Nova Scotians are on board with that."