UPDATED: Lheidli T’enneh move ahead with its lawsuit

Mar 25, 2021 | 2:26 PM

PRINCE GEORGE – “The incendiary blast and resulting fireball was terrifying. The Lheidli T’enneh experienced what they called pandemonium.”

That’s Malcolm Macpherson explaining the events of October 2018, when a ruptured Enbridge pipeline caused an explosion seen by the entire city. On February 2019, the Lheidli T’enneh filed a lawsuit in BC Supreme Court but claim there was little communication from the company since. That was until the spring of 2020 when the company approached the band to explore the possibility of a settlement. What transpired from those talks has been described by the band Council as “pitiful” and “disrespectful.”

It led to today’s decision for the Band to forge ahead with the lawsuit. Specifically, the lawsuit sets out five points.

1. The explosion has triggered a new to review and rest the safety, oversight and economic relationship between Lheidli T’enneh and Enbridge,

2. The colonial “Doctrine of Discovery, which has and continues to strip Indigenous people of land ownership and land rights has no place in Lheidli T’enneh territory,

3. It is not business as usual for the Lheidli T’enneh, who do not consent to Enbridge transporting hydrocarbons in an unsafe manner through their reserve and territory,

4.The Lheidli T’enneh are the landlords, or in the alternative, at a minimum co-landlords of the lands upon which Enbridge runs its pipelines, and need to be treated as such, and

5. Lheidli T’enneh’s desire and preference, as a landlord, is for Enbridge to re-route its pipelines off of the Lheidli T’enneh reserve and territory.

Enbridge issued a statement this afternoon in it, company states:

“Enbridge values our relationship with the Lheidli T’enneh First Nation and we are committed to working with leadership and the community on strengthening that relationship.

We’re disappointed the Lheidli T’enneh First Nation has chosen to walk away from negotiations and rejected our offer of bringing in an impartial mediator to help resolve this matter.

We have made several generous offers to the Lheidli T’enneh First Nation for the Shelley incident over the course of many months of negotiations. However, the Lheidli T’enneh First Nation is looking for a settlement from Enbridge on matters beyond the incident itself and that aren’t in our control or involve other parties.

Our hope continues to be to reach a settlement and avoid a lengthy legal proceeding. Coming to an amicable resolution rather than a legal proceeding is always far better.

Enbridge has learned from the Shelley incident and have taken action to ensure the safety of our natural gas system. Since the incident, we’ve completed a comprehensive pipeline integrity program on our natural gas pipeline system in B.C. to significantly improve pipeline safety. This program includes enhanced pipeline inspections, maintenance screening criteria and more than 144 integrity digs.

This is the most aggressive integrity program ever undertaken by Enbridge on its pipeline system in B.C. It’s part of a new approach to pipeline safety and an ongoing commitment to continually improve the safety of our natural gas pipeline system.

We continue to seek a long-term, respectful and mutually beneficial relationship with the Lheidli T’enneh First Nation based on our shared values of safety, environmental protection and economic development.”