July 12, 2023  

Honourable Steven Guilbeault 
Minister of Environment and Climate Change Canada  

Honourable George Heyman 
Minister of Environment and Climate Change Strategy (BC)  

Open Letter: Roberts Bank Terminal 2 Development Approval Disregards Cumulative Impacts and First Nations Title and Rights  

Dear Minister Guilbeault and Minister Heyman: 

We are writing with respect to the Union of BC Indian Chiefs (UBCIC) Resolution 2023-37, “Development of Roberts Bank Terminal 2” (RBT2) which was presented, affirmed, and endorsed unanimously at the UBCIC Chiefs Council on June 8, 2023 (enclosed). Resolution 2023-37 calls for an immediate pause of RBT2 development due to its critical and far-reaching impacts on title and rights, and treaty rights of First Nations in BC and the USA, and lack of consideration of cumulative effects.  

The RBT2 will drastically increase environmental risks in the region, with its location at the mouth of the Fraser River making it a highly sensitive and vital ecosystem for many species, including killer whales and wild salmon, which are already under threat and facing potential extinction. The perfunctory environmental assessments also failed to consider the cumulative effects of current and planned industrial developments in the Salish Sea, despite the well-documented harms of marine traffic, pollution, and accidents, which put immense strain on species and habitat that are already in a precarious state.  

Despite these unacceptable impacts, in April 2023, the Minister of Environment and Climate Change Canada approved the RBT2 development, including the planned mitigation and “offsetting” of the countless adverse effects on habitat and at-risk species identified during Canada’s environmental assessment. Evidence clearly shows that offsetting is an unreliable method, which does not and cannot replace the Fraser River’s critical shoreline habitat. After over a century of colonial mismanagement, these vital waterways are in crisis, and have become the southernmost bastion for wild salmon in North America. Wild salmon are a cornerstone species and experienced the lowest wild salmon returns in Canada’s history in 2019, with many stocks facing potential extirpation and/or extinction. The RBT2 will further jeopardize wild salmon and impact all First Nations that depend on the Fraser River and Salish Sea for their livelihoods, way of life, health, and well-being. 

While your governments have completed some engagement and consultation with local First Nations, you have failed to gain the free, prior, and informed consent of all impacted First Nations, including the Lummi Nation, which is required by your commitments through the provincial and federal legislation adopting the United Nations Declaration on the Rights of Indigenous Peoples. We remind you that the Supreme Court of Canada ruled in 2021 that First Nations rights are not extinguished by colonial borders, and that the Government of Canada must consult with all impacted First Nations. This lack of meaningful consultation with all impacted First Nations infringes on inherent and constitutionally protected title and rights, and treaty rights including access of marine resources for food, social and ceremonial use. We call on you to uphold the obligations made clear through the Constitution, provincial Declaration on the Rights of Indigenous Peoples Act, and federal United Nations Declaration on the Rights of Indigenous Peoples Act and rulings of the Supreme Court of Canada, and immediately pause the RBT2 development while the required consultation occurs.  

As First Nations, we continue to exercise our inherent and constitutionally protected title and rights, and treaty rights to protect our lands, our waters, and our coasts. We have the responsibility and jurisdiction to take care of the lands and resources for our future generations, including protecting them against forceful and environmentally destructive activities. The limited engagement and consultation for the development have been insufficient and have not respected, recognized, or upheld the inherent and constitutionally protected title and rights of all impacted First Nations. We call on the governments of BC and Canada to cease this infringement and end this cycle of short-sighted mismanagement of irreplaceable ecosystems.  

On behalf of the UNION OF BC INDIAN CHIEFS

Grand Chief Stewart Phillip       
President     

Chief Don Tom                 
Vice-President   

Chief Marilyn Slett
Secretary-Treasurer                                                

CC:     
UBCIC Chiefs Council
First Nations Fisheries Council
Minister Murray, Fisheries and Oceans Canada
Minister Cullen, Ministry of Water, Lands and Resource Stewardship  

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