Tensions are simmering amid uncertainty over what happens next in a clash of legal systems in the traditional territory of the Wet’suwet’en nation in Northern B.C. over a natural gas pipeline. 

RCMP have increased their presence in the area, setting up a checkpoint and restricting access along the Morice Forest Service Road that leads to three Wet’suwet’en reoccupation sites.

Meanwhile, the Wet’suwet’en hereditary chiefs continue to assert their own laws — including Wet’suwet’en trespass laws — saying they want Coastal GasLink and the RCMP off the territory and calling for meetings with the federal and provincial governments. 

“Being restricted on your own territory is against our law. We’ve always had free access to our entire territory,” hereditary chief Na’moks said, referring to the most recent move by police to establish a new checkpoint. 

He said the chiefs remain willing and open to meet with decision makers from the provincial and federal government, but as it stands, no such discussions have taken place. 

TC Energy’s Coastal GasLink project is meant to move natural gas from northeastern B.C. to the coast, where a liquefied natural gas plant is scheduled for construction.

Any relationship where you’re not looking down the barrel of a gun is a better relationship.​​​​​– hereditary chief Na’moks

On Monday, Premier John Horgan said the project will proceed, that Coastal Gaslink has all the necessary permits to build its natural gas pipeline and that “the rule of law needs to prevail” — citing the Dec. 31 B.C. Supreme Court decision that granted the company an injunction for unimpeded access to worksites. 

Coastal GasLink, the TC Energy subsidiary, does want to meet with the chiefs. But the chiefs say they only want to talk government-to-government with Ottawa and the province. 

The company has temporarily suspended work in the area with the exception of an agreement made with hereditary chiefs on the weekend to go into a camp area to do some winterizing work. 

On Tuesday, Coastal GasLink re-upped its request to meet with the chiefs. The company released a letter sent by company President David Pfeiffer to Na’moks offering to meet in Smithers, B.C., on Friday. 

“I believe that Premier Horgan’s comments yesterday reinforce the need for us to collaborate and work together to solve our issues,” Pfeiffer wrote. 

Checkpoint restrictions

Among the outstanding issues for Coastal GasLink is that the Morice Forest Service Road, which is subject to the injunction, remains impassable. 

The RCMP said in a news release on Monday that the new checkpoint is “to mitigate safety concerns related to the hazardous items of fallen trees and tire piles with incendiary fluids along the roadway, as well as to allow emergency service access to the area.”

According to the news release, the hereditary chiefs, elected government officials, journalists and people delivering supplies to the area will be allowed to travel through the checkpoint with permission from the operations commander. It said other people not listed may be allowed to move through the checkpoint, with approval. 

The Wet’suwet’en hereditary chiefs say access is being restricted, and that the new checkpoint came as a surprise. 

The RCMP said in the release that it remains engaged in conversation with everyone involved “in the hopes that these efforts will result in a safe and peaceful outcome.” 

“Our duty is to preserve the safety of everyone involved in this dispute, and to prevent further contraventions to the BC Supreme Court ordered injunction,” the RCMP said in the news release. 

Strained relationships 

Communication is ongoing between the province and the hereditary chiefs through a separate process that started last year and isn’t specific to any particular project. 

Speaking to reporters on Monday, Horgan said those discussions need to continue and described the Wet’suwet’en as “leaders in issues around self government and self determination and rights and title in Canada.”

The Wet’suwet’en hereditary chiefs were part of a landmark Indigenous rights and title case at the Supreme Court of Canada along with their Gitxsan neighbours. The 1997 decision affirmed that the Wet’suwet’en never gave up title to their lands but the case has never been fully resolved between governments. 

Horgan didn’t say where the Coastal GasLink project fits into ongoing discussions with the chiefs, except to say, “But this is a pipeline — it’s an industrial project and there’s so much more at stake for the people of Northern British Columbia than just this project.”

That includes the 20 First Nations that have signed agreements with Coastal GasLink and stand to benefit from the project through arrangements like direct cash payments, contracts and employment opportunities. 

Na’moks said the hereditary chiefs listened to what Horgan said on Monday and that his comments are “setting a template for future discussions with the Wet’suwet’en.” 

“For him to take the stance that he had, in his public statement, actually weakens the relationship. Here we are trying to build a stronger relationship. We are a government, we’ll remain a government, we are on our lands, we’ll remain on our lands, and we will govern it as we see fit.”

When asked about the premier’s statement that the relationship between B.C. and the Wet’suwet’en has improved over the last year, Na’moks agreed. 

“It is better,” he said.

“This time last year we had guns pointed at us. So that relationship is better. Any relationship where you’re not looking down the barrel of a gun is a better relationship.”

Liberal MLA John Rustad’s riding includes the Wet’suwet’en territory at the heart of the conflict. He’s also a former B.C. Minister of Aboriginal Relations and Reconciliation.

Speaking to CBC News about the situation, he said “I think we’re in for a showdown.”

“There is no resolution to this conflict. Either the pipeline will be built with conflict, unfortunately, or the pipeline won’t be built.”

Several other groups have echoed the chief’s call for RCMP to leave the territory and expressed support for the Wet’suwet’en, including a committee at the United Nations, the B.C. Civil Liberties Association and the B.C. Human Rights Commissioner. 

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