Groups fight Bay du Nord approval, citing marine and Indigenous rights risks.
OTTAWA/TRADITIONAL, UNCEDED TERRITORY OF THE ALGONQUIN ANISHNAABEG PEOPLE — Today, environmental and Indigenous organizations, represented by Ecojustice, will present their case to the Federal Court of Appeal in Ottawa, seeking to overturn the federal government’s approval of the Bay du Nord oil and gas project. This hearing challenges the Environment Minister’s April 2022 decision to allow the $16-billion project off the coast of Newfoundland and Labrador to proceed.
The appeal, brought by Ecojustice on behalf of the Sierra Club Canada Foundation and Mi’gmawe’l Tplu’taqnn Inc. (MTI), follows an initial case dismissal by the Federal Court. The groups argue that the government’s approval process overlooked significant environmental and Indigenous rights concerns, particularly relating to marine shipping.
A major point of contention is the lack of environmental assessment for the approximately 78 annual oil tanker trips (totaling 2,340 throughout the project’s lifespan) that will traverse through and around critical Indigenous fishing zones and risk harm to species such as the endangered Atlantic salmon, whales, and vulnerable marine ecosystems. The groups contend that these severe threats to biodiversity and Indigenous rights in the area should have been assessed.
MTI, representing eight Mi’kmaw communities in New Brunswick, asserts that the government did not fulfill its constitutional duty to consult, citing rushed timelines and inadequate consideration of marine impacts. For the First Nations represented by MTI, Bay du Nord’s Indigenous rights and environmental implications are severe, prompting this legal challenge to achieve accountability.
The Bay du Nord project’s climate impacts are also deeply concerning. The project was approved after numerous bodies, including the Intergovernmental Panel on Climate Change, the United Nations and the International Energy Agency, warned that the approval of new fossil fuel projects is inconsistent with a climate-safe future. Bay du Nord is expected to produce upwards of 1 billion barrels of oil, which will in turn generate approximately 400 million tonnes of carbon — comparable to the annual emissions of 89 million cars.
Dean Vicaire, Executive Director, Mi’gmawe’l Tplu’taqnn Inc.: “Our concerns around the impacts to our rights have not changed. There was a lack of meaningful consultation and we cannot sit back knowing this could have devastating effects on fish and fish habitat that are important to our communities.”
Anna McIntosh, Staff lawyer, Ecojustice said: “In his assessment of the project, the Minister ignored the serious risks of shipping oil through vulnerable ecosystems, which threatens biodiversity and Indigenous fishing rights. It’s like proclaiming a car safe to drive after inspecting its engine but without considering its other parts. We are back in court to demand accountability and ensure the constitutional rights of the First Nations of New Brunswick are upheld.”
Gretchen Fitzgerald, National Program Director, Sierra Club Canada Foundation said:
“The impacts of climate change have only become more and more apparent since this project was approved, and the Bay du Nord project fails to meet Equinor’s stated commitment to the goals of the Paris Accord. This failure to meet climate commitments has real life consequences. In 2022, Atlantic Canada was hammered by Hurricane Fiona, leading to loss of life and an estimate 4 billion CDN in economic damage. Entire families in the Newfoundland community of Port aux Basque will never again be able to live in homes where they lived for decades because of climate change.
“The project itself is an unacceptable risk to ocean life and endangered whales. Government scientists reviewing Equinor’s oil spill risk estimates have indicated there is a 16% chance of a spill over the course of the project- which is unacceptably high. In the case of an uncontrolled blowout, Equinor estimates will take from 18-36 days – during which time oil would flow into the North Atlantic. We are hoping that the real impacts of this project get the assessment they require to prevent what could be a catastrophe for fish, deep sea corals, and endangered species.”
About:
Mi’gmawe’l Tplu’taqnn Inc. (“MTI”) is a not-for-profit organization created by the Mi’gmaq First Nations of New Brunswick to promote and support the recognition, affirmation, exercise, and implementation of their members’ Aboriginal and Treaty Rights and title. In the Bay du Nord lawsuit, MTI is representing eight of its member Nations: Amlamgog (Fort Folly) First Nation, Natoaganeg (Eel Ground) First Nation, Oinpegitjoig (Pabineau) First Nation, Esgenoôpetitj (Burnt Church) First Nation, Tjipõgtõtjg (Buctouche) First Nation, L’nui Menikuk (Indian Island) First Nation, Ugpi’ganjig (Eel River Bar) First Nation and Metepenagiag Mi’kmaq Nation.
Sierra Club Canada Foundation is a national grassroots charity that empowers people to be leaders in protecting, restoring, and enjoying healthy and safe ecosystems. With four regional Chapters and the Sierra Youth Chapter, Sierra Club Canada Foundation works with volunteers and members across the country to advance change in a range of environmental activities that directly benefit both people and the planet. In 2020, in the face of the growing climate and biodiversity crises, we committed to a Decade of Change and achieving wins in the following key areas: championing climate solutions and a rapid transition to clean energy; fighting for environmental and social justice; working to protect and restore nature and endangered species; getting people outside to explore and enjoy the outdoors; and promoting the conservation of resources.
Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax.
