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First Nations chiefs blast Higgs over report he is prepared to frack without their consent

May 12, 2023

Premier quoted as saying, ‘We gotta get on with it’

A woman with a black shirt is standing in front of a colourful abstract painting, thoughtfully looking in the distance.
Chief Patricia Bernard of Matawaskiye (Madawaska First Nation) said the premier cannot ‘be trusted to keep his word or protect the interests of his own province over his own export ambitions.” (Jacques Poitras/CBC)

CBC News: Mi’kmaw and Wolastoqey communities in New Brunswick are slamming comments reportedly made by Premier Blaine Higgs indicating that he’s prepared to go ahead with fracking without their approval. They say his recent comments “again show his complete disregard” for the rights of First Nations.

Higgs, who’s at an international hydrogen summit in the Netherlands, told an online business publication, all NewBrunswick, that the clock is ticking for the province to take advantage of willing partners in Europe for natural gas. 

“We’ve gotta get on with it,” he said. 

A man stands in front of the Canadian and New Brunswick flags.
Premier Blaine Higgs spoke to the online business publication allNewBrunswick about the future of fracking in the province. (Ed Hunter/CBC)

“I want First Nations to be part of this, but there comes a time when you’ve just gotta find a way to move on, if I can’t have any meaningful discussion to make it happen,” he was quoted as saying.

A joint statement from the chiefs of Mi’gmawe’l Tplu’taqnn Inc., which represents Mi’kmaw communities in New Brunswick, said the comments show the premier’s “disinterest to address any concerns that do not fit within his approach.” “His sudden change of position, without any further dialogue with First Nations, also underlines why First Nations lack trust in the Higgs government,” the statement said.

There is no shortcut around a legal obligation to Indigenous consent.​​​- Allan Polchies Jr., chief of Sitansisk First Nation

The Wolastoqey chiefs were also quick to respond, saying the premier has gone back on his word.  “The oil man cannot be trusted to keep his word or protect the interests of his own province over his own export ambitions,” said Chief Patricia Bernard of Matawaskiye (Madawaska) in northwestern New Brunswick. “There is no shortcut around a legal obligation to Indigenous consent. Higgs needs to go back to his European vacation,” said Chief Allan Polchies Jr. of Sitansisk (St. Mary’s) in Fredericton.

Chief Tim Paul of Wotstak (Woodstock) said, “Our message to any country or company placing their energy hopes or plans in Blaine Higgs is simple: keep looking. “This man has repeatedly gone back on his word and attempted to bend our own words against us. He is not a suitable partner for any sort of business.”

A man wearing Indigenous regalia.
Chief Allan Polchies Jr. of Sitansisk, along with other First Nations chiefs, said in a statement that fracking won’t happen without consent. (Jennifer Sweet/CBC)

In a news release on Thursday, the chiefs of Mi’gmawe’l Tplu’taqnn Inc. said the premier wrote them a letter in January promising that natural gas development can only take place “with the support of First Nations and in the context of a business relationship with and involving First Nations.”

Comments ‘fly in the face’ of commitments: chiefs

The chiefs say the premier’s latest comments “fly in the face of his earlier commitments, as well as the recommendations of the Commission on Hydraulic Fracturing.” Hydraulic fracturing, or fracking, is the process used to extract shale gas. A  mixture of sand, water and chemicals is fired into a shale bed to free gas embedded in the rock. 

The chiefs said resource development “will not occur within Mi’gmaq territory without Mi’gmaq consent, which requires community support and a robust consultation and impact assessment process.” To date, that has not happened, they said. 

“As a result, there are no active discussions on natural gas development between the Government of New Brunswick and the communities MTI represents.”

The statement from the chiefs said the premier’s “sudden change of position, without any further dialogue with First Nations, also underlines why First Nations lack trust in the Higgs government.” “This should be a concern for any investor and for all New Brunswickers.”

The province was asked to confirm whether there’s a plan to pursue a shale gas industry without the consent of First Nations, but a response was not provided by publication time. 

In 2017, when a Texas company began testing the viability of such an industry in eastern New Brunswick, Indigenous people were among those who protested throughout the summer. First Nations said they had not been consulted in a meaningful way, The company, SWN Resources, had said there was a 10 per cent chance of shale gas becoming feasible for the company and finished its exploration work that year.