Heiltsuk Nation – the B.C. Court of Appeal handed down a decision that reduces the power of provinces to protect lands and waters from inter-provincial infrastructural projects and that fails to recognize the role of Indigenous peoples in protecting the environment. Heiltsuk and Haida made arguments related to their inherent Indigenous title and rights and addressed gaps in the existing spill response framework that B.C.’s proposed legislation would address.

However, today’s reasoning makes no mention of Indigenous arguments, instead referring solely to federal and provincial jurisdiction. Ignoring Indigenous jurisdiction reflects continued unwillingness to take practical steps towards reconciliation and recognition of title and rights in the real world.

Heiltsuk’s experience with the Nathan E Stewart oil spill brought to light gaps in federal spill response that…were not even addressed by the court and, as a result of today’s decision, they remain in place:
Gaps in compensation for Indigenous losses because compensation under Canada’s Ship-source Oil Pollution Fund and Marine Liability Act’s definition of “pollution damage” focuses exclusively on “loss of profit”, ignoring the devastating impacts spills may have on food, social, and ceremonial losses.

No requirement for a robust Environmental Impact Assessment: An environmental impact assessment is critical to understanding both the short and long-term effects of an oil spill on the natural environment.