Transport committee  The moratorium applies to just about everything. It applies to upgraded bitumen, synthetic crude and various kinds of oils. It's pretty much a ban.

Transport committee  The bills, both C-48 and C-69, are inconsistent with articles 23 and 26 of the United Nations Declaration on the Rights of Indigenous Peoples. The council chiefs and likely the National Coalition of Chiefs will file human rights violations with the United Nations for breach of UNDRIP, treaty and aboriginal rights infringement, unacceptable colonialist social engineering policy, blocking the poorest people in Canada from exercising their inherent right to be able to raise their own revenue for their own purposes.

Transport committee  I have just one last thing. We've been working with the three western provinces, and we will be engaging with the two northern territories. We're looking to have an energy corridor accord signed and supported by the three western provinces and the two northern territories.

Transport committee  [Witness speaks in Sm'algyax] Thank you very kindly for the invitation to be here today. I'm speaking on behalf of Eagle Spirit and the chiefs council. The chiefs council consists of about 35 communities, from Lax Kw'alaams up to Fort McMurray. I'll be speaking specifically in relation to Bill C-48, but I will have some comments on Bill C-69.

Transport committee  I can only answer from the second-hand information I have. The reason there was so much opposition to the Enbridge pipeline had to do with concerns with the environment and lack of consultation. Their consultation in our community consisted of sending a $5,000 cheque over to the community, and they never even visited.

Transport committee  Yes. We had experts address this extensively, and we have virtually no protections in the north right now, virtually nothing. If you want to deal effectively with an oil spill, you have to have assets on the ground right away. In Alaska, they have assets situated all the way out the route that the tankers are transiting.

Transport committee  Thank you very much. I would like to answer that with the question that our chiefs from the communities have put to us. How is crude oil such a bad thing in our traditional territory but not such a bad thing out of Vancouver harbour or the Salish Sea, which is up for designation as a world heritage site of some kind?

Transport committee  Why would—

Transport committee  Yes. Why would you limit it?

Transport committee  Isaac has just asked to answer that as well.

Transport committee  I would agree that it's very different from crude oil. That being said, why is this government prepared to let it be shipped out of Vancouver?

Transport committee  Yes. You will see all that information detailed in the brief that will be coming to you.

Transport committee  It would be across from Lax Kw'alaams and Grassy Point. There—if you're talking about environmental and ocean safety—you are 10 minutes from open water, versus Kinder Morgan's project. First of all, they can use only Aframax tanker ships, which are limited to about 500,000 barrels.

Transport committee  Thank you. Most of B.C. is not covered by treaties. The Nisga'a is an exception. The case that applies in B.C. is the Tsilhqot'in decision, and I'm quoting directly from the decision, where on the limitations of governmental power over lands encumbered by aboriginal title, the court says: The right to control the land conferred by Aboriginal title means that governments and others seeking to use the land must obtain the consent of the Aboriginal title holders. ...if the Crown begins a project without consent prior to Aboriginal title being established, it may be required to cancel the project....

Transport committee  Madam Chair, I would like to clarify our position as well. It will take me half a minute.