First Nation sues B.C., feds, owner of tug that spilled 100K litres of diesel

October 2016 spill in the Seaforth Channel along the central coast near Bella Bella, irreparably damaged their marine harvesting areas, group says.

A B.C. First Nation is suing the provincial and federal governments, as well as the owners of the Nathan E Stewart tug that spilled 110,000 litres of diesel along the northern B.C. coast.

The Heiltsuk Nation say that the October 2016 spill in the Seaforth Channel along the central coast near Bella Bella, irreparably damaged their marine harvesting areas.

Nearly two years to the day of the Oct. 13 spill, the Nation filed a civil claim in B.C Supreme Court asking for financial compensation and a change to how petroleum products are shipped along B.C.’s coast.

Speaking at a press conference in Vancouver Wednesday, Heiltsuk hereditary chief Frank Brown said that the spill response was “chaotic and inefficient” and equated it to further “cultural genocide.”

The civil claim targets Kirby Offshore Marine, the owners of the tug, for their alleged “inadequate practices” that led to the tug hitting the rocks, spilling diesel and lubricants into the water.

It also personally targets Sean Connor, the master of the vessel, and Henry Hendrix, the second mate who fell asleep before the Nathan E Stewart was grounded.

The Nathan E. Stewart ran aground on a reef in the Seaforth Channel near Bella Bella, spilling approximately 110,000 litres of diesel and another 2,000 litre of lubricants into the water and causing an estimated $12 million in damage to the tug and the barge it was towing.

A Safety Transportation Board investigation into the spill found that neither Transport Canada regulations, nor the boat operators, had done enough to handle the “inevitable” fatigue brought on by the crew’s schedule.

READ MORE: Poorly-managed fatigue led to Nathan E. Stewart fuel spill

Speaking after the press conference, Chief Marilyn Slett said that her nation is still suffering the after-effects of the spill.

“There’s been a clam fishery that’s been shut down for two years. This is our winter economy, it brings our community through the winter,” said Slett.

“There’s the ecosystem in the incident area, the wildlife… it’s not the same.”

She feels like her nation was left out of the spill response and the environmental assessment that followed.

“It was driven by the polluter, by Kirby. Canada and B.C. did not feel like they had the responsibility to consult with us,” Slett said.

“The process is inadequate and does not include Indigenous communities.”

She said that the Heiltsuk were launching their suit not just to secure “millions” in financial compensation for themselves but to ensure that all First Nations across the province are better prepared.

“Our communities need to be trained, we need to have the infrastructure in our communities, the supplies… and we also need to have some management control over what that looks like,” said Slett.

“The incident command structure that was put into place does not include First Nations.”

Currently, the promised extra $1.5 million in spill response funding for B.C.’s coast is on hold, following the federal appeals court’s quashing of the Trans Mountain pipeline.

But Slett said that regardless of what happens with Trans Mountain, the need for an improved and more nuanced spill response is there now.

“Certainly, with the amount of traffic that is traversing through our territory right now… it needs to be improved, regardless of adding more traffic to it,” said Slett.

In a 196-page report released last year, the Heiltsuk proposed an Indigenous Marine Response Centre to protect the central coast from a similar spill.

In a statement, the environment ministry said that they were working with the federal government and would “engage with Heiltsuk as appropriate for a federally-led initiative.”


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

‘Police are ready’ for legal pot, say Canadian chiefs

But Canadians won’t see major policing changes as pot becomes legal

Helping hands: the benefit of hiring people with disabilities

““It’s important for the employer to see the benefit of hiring people with disabilities.”

SD54 trustee candidate’s state their case

Candidates answered questions from the public on SOGI, the no grade system and marijuana legislation

Road to the World Juniors starts in Smithers

Walnut Park first stop for tour promoting next year’s World Junior Championships.

Controlled fire on Hudson Bay Mtn

Fire on the southeast portion of mountain is a controlled burn by Smithers Mountain Bike Association

VIDEO: First legal cannabis purchases as midnight strikes in eastern Canada

Newfoundland and Labrador was the first province to kick off the sale of cannabis, just after midnight local time

Smithers election: Colin Bateman

Council candidate Colin Bateman answers on a wide variety of topics.

Boeser tallies in OT as Canucks beat Penguins 3-2

Vancouver wins without star rookie Pettersson

Mayor of Kamloops says ‘history has been made’ with vote on B.C.’s lone pot shop

The store to be run by the province in B.C.’s Interior is opening Wednesday as pot sales become legal across Canada

New bus route to ‘replace’ Greyhound along Trans-Canada Highway

Rider Express Transportation says they will soon begin a bus service from Winnipeg to Vancouver

U.S. pot firm urges Trump to deny Canadian producers ‘competitive advantage’

The challenge for U.S. firms lies in the fact that while recreational cannabis is legal in nine states and medicinal pot in 22 others, it remains illegal under federal law

Government says imprisoned Canadian terror suspects must face consequences

Public Safety Minister Ralph Goodale showed little sympathy Tuesday for such individuals who now want to return to Canada

How rules for inmate segregation in Canada will change under Bill C-83

Federal government proposing changes to rules around inmates in federal correctional institutions

Canada Post union issues strike notice; rotating strikes could begin Monday

Union says rotating strikes will begin if agreements aren’t reached with bargaining units

Most Read