Gitanyow Lax’yip, October 28, 2024: The Gitanyow Hereditary Chiefs (GHC) have launched legal proceedings against the Ksi Lisims LNG project, citing grave concerns over threats to salmon populations, escalating climate risks, and inadequate consultation with the Gitanyow Huwilp. The application for judicial review was filed in BC Supreme Court in Vancouver on October 25, 2024.
The Ksi Lisims LNG project proposes a floating LNG export facility at the mouth of the Nass River to produce 12 million tonnes of LNG annually. The project also connects to the Prince Rupert Gas Transmission pipeline (PRGT), which would transport fracked methane gas from northeastern BC to the terminal for liquefaction and export to Asian markets.
The Gitanyow Lax’yip (traditional territory), encompasses large areas of the Nass and Skeena watersheds in northwestern BC. Salmon management, harvesting, sale, and use are integral to Gitanyow Nation. The Nass River, flowing through Gitanyow Lax’yip before entering Nisga’a territory and emptying into the Portland Canal, is the lifeblood of Gitanyow. It provides critical salmon spawning habitats, including key tributaries like the Meziadin watershed.
The fragility of salmon populations in the Nass River, particularly Chinook, with below-average numbers reaching Gitanyow Lax’yip over most of the past decade heightens the urgency of the Chiefs’ concerns and litigation. Gitanyow has been unable to meet its constitutionally protected allocation of Chinook for close to a decade.
Gitanyow’s legal action follows the BC Environmental Assessment Office’s premature determination that the project does not pose a significant risk to Nass River salmon, made in March 2024, before the actual review of the final environmental application had even started. Gitanyow argues that Ksi Lisims LNG has proceeded without adequate consultation, thereby failing to uphold the Crown’s duty to consult and accommodate the Gitanyow on matters that directly affect their territory, constitutional rights and cultural survival.
The Gitxsan Lax’yip Management Office (GLMO), which oversees the stewardship of Gitxsan lands, has expressed strong support for the Gitanyow Hereditary Chiefs’ legal challenge. The GLMO has been working closely with Gitanyow on land use planning, and their efforts have revealed significant risks posed by the Ksi Lisims LNG project to the Nass River and salmon populations.
“The Gitanyow have taken a necessary step to defend Nass River salmon and all Huwilp whose sustenance, culture, and rights are interconnected with the river,” the GLMO stated in a letter dated September 4, 2024. “The results of the legal challenge brought forth by the Gitanyow will have implications for all Nass River Huwilp, regardless of their position on LNG projects.”
GLMO supports Gitanyow’s call for broad-scale consultation and consent-based processes for all First Nations in the Nass River watershed, emphasizing the need for transparent and inclusive assessments. They noted that delays in meaningful engagement by the provincial government has limited their ability to involve their members and respond to the project’s potential impacts.
The GHC remain steadfast in their commitment to protecting their rights and the environmental integrity of their Lax’yip. They demand that government and Ksi Lisims LNG engages meaningfully with Gitanyow and prioritizes the health of the land, waters, and salmon.
Quotes:
Simogyet Watakhayetsxw/Deborah Good stated:
“Protecting the Nass River salmon is essential for our survival. The land and waters are our sustenance and way of life—without them, we have nothing. We must return to the land to teach our youth the importance of safeguarding it, so future generations can experience the abundance it provides.”
Simogyet Malii/Glen Williams emphasized:
“The government cannot ignore the undeniable connection between Gitanyow rights, the health of our salmon, and the health and well-being of our future generations. Current assessments for Ksi Lisims lack the specificity needed to understand how juvenile salmon, including those from key Gitanyow salmon populations, use critical habitats like Bull Kelp near the project site. Without this
information, we cannot accurately predict the impact of habitat loss on juvenile salmon, which could jeopardize salmon populations that are already in decline. This project threatens our food security and government has denied Gitanyow a role in decision-making.”
Naxginkw/Tara Marsden, Wilp Sustainability Director for the Gitanyow Hereditary Chiefs stated:
“The early marine phase for juvenile salmon is critical for their survival, and development projects in estuaries, like this one, threaten these populations. The EAO has erred in their premature determination of negligible impacts to salmon, highlighting once again that provincial processes favour politics and money over science, evidence and environmental protection. Our rights and the health of our
environment must not be sidelined for industrial interests. We call for transparency, proper consultation, and rigorous assessments that genuinely consider the impacts on our community and at-risk ecosystems.”