First Nation disappointed with B.C.'s opposition to a cross-border pollution probe
"The disappointment was that those conversations were going on (while) we were still under the impression that the federal government was going to proceed with the reference to the (International Joint Commission)." Kathryn Teneese, Chair of the Ktunaxa Nation Council
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The Ktunaxa First Nation in southeastern B.C. thought they were making progress in convincing Canada to take part in a joint federal cross-border examination of selenium pollution from coal mining in the Elk Valley.
They were disappointed, however, to learn that the province was pushing Ottawa behind the scenes to not join the cross-border panel, according to a string of communications between B.C. and Ottawa released in October under a Freedom of Information request by the Ktunaxa.
“The disappointment was that those conversations were going on (while) we were still under the impression that the federal government was going to proceed with the reference to the (International Joint Commission),” said Kathryn Teneese, chair of the Ktunaxa Nation Council.
The International Joint Commission is the impartial Canada-U.S. body established in the Boundary Waters Treaty of 1909 to examine and possibly resolve cross-border disputes over water quality.
The Ktunaxa, along with U.S. counterparts the Confederated Salish and Kootenai Tribes in Montana, have campaigned for a decade to have a panel established to deal with selenium pollution coming from coal mining on the Canadian side of the border.
Rivers that flow from Canada carry selenium into the Lake Koocanusa reservoir on the Montana side of the border, then on to rivers in Idaho that circle back across the border into B.C.
That effort garnered the support of Montana and the U.S. State Department, and emails within the heavily redacted FOI document indicate that as late as February, Canada was cooperating on a potential reference to the International Joint Commission.
Those communications, however, make B.C.’s opposition to such a reference clear, including an April 14 letter to Minister of Foreign Affairs Melanie Joly that states “there are other, more efficient ways to address concerns around selenium.”
In April, Global Affairs Canada told the Ktunaxa that it would not go ahead with a reference to the International Joint Commission.
The province maintains that it is already working directly with the State of Montana on cross-border water issues, so the commission panel wouldn’t be necessary.
B.C.’s Minister of Energy and Mines Bruce Ralston wasn’t made available for an interview, but his staff responded by email to Postmedia questions on the issue.
“We have been consistent on this position and have been engaged with all levels of government, including the government of Canada, on ongoing plans for the region,” according to the statement. And B.C. “will continue to work with (the Ktunaxa), U.S. and Canadian federal agencies” on the issue.
Teneese, however, said that engagement didn’t include the Ktunaxa.
“We thought we had a good working relationship with both levels of government, and we would have thought that if there were issues of concern that we would at least be afforded the opportunity to be part of the conversation when it’s impacting us,” Teneese said.
Selenium occurs naturally in rock and is an essential nutrient in trace amounts, but becomes harmful to humans at higher levels and poisonous to wildlife.
In the Elk Valley, where Teck Resources has five large coal mines that are a cornerstone of the region’s economy, selenium is washed out of waste rock from mining activities.
Mining history in the region stretches back 120 years, but in 2021 Teck was fined $60 million — the largest fine ever imposed under the Fisheries Act — after pleading guilty to contaminating waterways in the east Kootenays.
However, Teck has also spent $1.2 billion on three water treatment plants, with plans to spend $750 million over the next two years, under a water-management plan intended to reduce selenium pollution.
In a statement to Postmedia earlier this year, Teck said selenium levels have been stable in Lake Koocanusa since 2012 and the company continues “to work with the B.C. government and the Ktunaxa on the development of a long-term, science-based water quality objective.”
The company also expressed its opinion that a panel under the International Joint Commission would be “a wrong approach” in a letter from its vice-president of sustainability, Marcia Smith, to the foreign affairs ministry included in the FOI release.
In it, Smith said a commission reference “meant to subsume Canadian operations and regulations presents real risks to both Canada and to Teck,” not the least of which would be to delay permitting of a major expansion project that the company needs.
Teneese said the Ktunaxa are consulting legal counsel on whether there is a next step with the International Joint Commission, but they wouldn’t be pushing the issue if the province’s efforts with Teck were providing satisfactory results.
“Ultimately, this all goes back to our responsibility to ensure that the water is cared for, and that’s really what it’s all about,” Teneese said.
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