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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The cover of the 2021 RASTA calendar. (Photo submitted)
Smashed pumpkins provide a royal Thanksgiving feast for RASTA Sanctuary animals

Substantial community donations to purchase pumpkins surpasses the initial goal

Advance polling begins on Oct. 15, 2020, across B.C. in the 2020 snap election. (Black Press files)
B.C. VOTES 2020: Advance voting begins today in Nanaimo-North Cowichan

Advance voting runs from Oct. 15 to Oct. 21 in B.C.’s election

The Nanaimo-North Cowichan candidates will take part in a virtual candidates forum hosted by the Ladysmith Chamber of Commerce and VIREB (Submitted photo)
Nanaimo-North Cowichan candidates to participate in virtual candidates forum

The forum will be hosted by the Ladysmith Chamber of Commerce and VIREB on October 19

Nanaimo-Ladysmith families make decisions to send kids to school or keep them learning at home

School district’s transition learning program asking for decision by Nov. 6

Strong winds to gust over Vancouver Island today

Environment Canada issues special weather statement

A passer-by walks past a COVID-19 testing clinic in Montreal, Friday, Oct. 16, 2020. THE CANADIAN PRESS/Ryan Remiorz
Canada ‘yet to see’ deaths due to recent COVID surge as cases hit 200,000

Much of the increase in case numbers can be attributed to Ontario and Quebec

Police confirm human remains were found in a recycling bin in Vancouver on Oct. 18, 2020. (Black Press Media file photo)
Human remains found in recycling bin floating near Vancouver beach

Police asking nearby residents to see if their recycling bin has gone missing

(File photo)
RCMP: Two men face charges in reported Parksville fatal hit-and-run

Investigation into man’s death began in August of 2019

B.C. Liberal leader Andrew Wilkinson visits a North Vancouver daycare to announce his party’s election promises for child care, Oct. 9, 2020. (B.C. Liberal Party video)
B.C. parties pitch costly child care programs in pandemic

B.C. Liberals say they’ll deliver on NDP’s $10-a-day promise for lower-income families

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

A B.C. man decided to create a website to help people find family doctors accepting patients. Because Victoria is considered high-demand, clinic openings can’t be posted publicly. (Unsplash)
Vancouver Island man starts website that connects B.C. residents with doctors

Nanaimo man started project to help people find family physicians accepting patients

Steven Michael Bacon pleaded not guilty to a charge of first-degree murder of Nanaimo teen Makayla Chang. (Photos submitted)
Accused pleads not guilty in Nanaimo teen’s 2017 murder

Steven Bacon appeared in Nanaimo court Monday via video link from Thunder Bay

Voting station at Tzeachten Hall in the riding of Chilliwack-Kent on the first day of advance voting in the provincial election on Oct. 15, 2020. (Paul Henderson/ Chilliwack Progress)
B.C. VOTES 2020: 380,000 British Columbians head to polls in first 4 days of advance voting

Some of highest voter turnout so far has been seen on Vancouver Island and in Shuswap

Most Read