B.C. First Nation has change of heart, now opposes Trans Mountain pipeline project

A First Nation that was once in full support ofthe Trans Mountain pipeline expansion project is now standing in opposition, at least until it feels confident the project won't destroyone of their ancient villages.

Shane James was "full in" with theproject when it was owned by Kinder Morgan. The 37-year-old Shxwowhamel First Nationcouncil membereven bought heavy equipment and signed multiple agreements with contractors to prepare for the construction of the pipeline.

"We wanted to have our eyes,ears and feet on the ground to be a part of the project, eitherdoing or monitoring the work,to ensure that our traditional territory was taken care of," James said.

He also saw the economic benefits for the community:jobs, training and revenue.

But the tidehasturned.

'It brought tears to my eyes'

James sayswhen the expansion projectwasowned by Kinder Morgan, the community had significant consultation with the companyand felt confident that their land and sacred sites would be protected.

But when the federal government purchased the project, James says, his community became concerned.

James said former Supreme Court of Canada justiceFrank Iacobucci, who was tapped to renew consultations with Indigenous people, only visited with community leaders once, at a gathering with other First Nations in Vancouver. Iacobucci could not immediately be reached for comment.

But a representative from the federal government, Vanessa Adam, told the CBCin an emailed statement that"No relationship is more important to our government than the one with Indigenous peoples."

In Adam's email, she stated thatas a result of consultations, the federal government amended six of the NEB's legally binding conditions on the project.

"TMC made a commitment to this Indigenous group to protect specific sacred sites," she wrote.

According to James, Natural Resources Minister Amarjeet Sohionly visited the community once since federal consultations began.

In those meetings, the community became concerned that the construction route for the pipelinewould run through the ancient village, which is about15 kilometres west of Hope, B.C., and alongside the Trans-Canada Highway.The First Nation is worried the pipeline could desecrate or destroy a 1,400-year-old sacred sitefull of artifacts, 20 traditionalhomes, called pit houses, and possiblegravesites.

"It brought tears to my eyes, andthere's a lot of uproar in the community atthe thought of this sacred site being damaged, " he said.

Trans Mountain CEO Ian Anderson told CBCNews thathe onlylearned about theShxwowhamel First Nation's concerns over the pit housesover the past six months, but that the company is committed to staying clear of the ancient village site.

"I would saywe have a far greater awareness ofthe importance of that site and the degree to which we need to protect it," Anderson said in Vancouver.

'We will still stand in opposition'

James said he still needs more details from the federal government to feel confident that the site will be protected.

"Wewill still stand in opposition of the project, until our concerns are met and we know they are listening to us," he said.

Shxwowhamel lawyer Merle Alexander said Anderson's promises are still non-binding until the National Energy Boardapproves a route.

He said the community will proceed, like three other First Nations in B.C., tochallengethe federal government's approval of the project in a judicial review.

The Tsleil-Waututh Nation, The Squamish Nation and the Coldwater community have all confirmed they will also challenge the approval of the pipeline project.

Alexandersaid they still have more legal tools.

"They have a whole bunch of other legal options including getting injunctions to prevent the constructionanywhere along their territory," Alexander said.

Part of theShxwowhamel'sanxiety is due to thereality that four ancient pit homes were destroyed during construction of the Trans Mountain pipeline in 1953. Those that remain are just metresaway from the corridor.

That pipeline is alsoabove a watershed that the community uses for water.

Alexander saysin the 1950s it wasillegal for Indigenous people in Canadato hire legal counsel, and theydidn't get Aboriginal rightsuntil 1982. Now there is a consultation process but, he says, if the government decides it's "in the public interest," Ottawa could push the project through anyway.

That's when, he says, theShxwowhamel might want to move into an Aboriginal rights and title argument to push for not just consultation but consent from the First Nation.

'We have always beenhere'

In order to prove that the pit houses existed, the First Nation had to remove some of the trees and greenerythat were covering the pit houses and artifacts.

Jessica Pablo is helping the First Nation by digging up ancient items like arrowheads, tools and fire-cracked rockto show what may have been there for thousands of years.

"Finding all these artifacts is amazing, to show that we have always beenhere," Pablo said.

Shxwowhamel elderslike Sonny Mchalsiesay sacred Indigenous sites should be respected justas a cathedral would be.

For him it'salso about reviving a culture that was systemically ripped away byresidential schools and forced removal from their traditional lands.

"Here is an opportunity for us through archeology to be able to interpret and study our past."