An interactive map released Monday by the Pembina Institute creates a visual of B.C’s 14,000 jobs in clean energy.

The B.C. Clean Energy Jobs Map quantifies the number of jobs from 156 renewable energy projects including wind and solar power, run-of-river hydro, large hydro, biomass and biogas. Fifteen per cent of the projects are currently under construction. Large hydro provides the most jobs (5,800), followed by biomass and biogas (4,400), run-of-river hydro (2,600) and wind and solar (1,300).

 “Clean energy is a real success story, employing thousands of British Columbians in communities across the province,” said Aaron Ekman, secretary-treasurer of the B.C. Federation of Labour. “Smart, targeted policies will help generate even more of these family-supporting, career-track jobs across British Columbia. The future economic health of our province depends on a strategy that will put more dots on this map.”

“In First Nations communities, these long-term and meaningful jobs are needed,” said Judith Sayers, a strategic advisor to the Hupacasath First Nation, a leader in renewable energy.

On a per capita basis, the highest concentration of clean energy jobs are found in northeastern B.C., a region that is typically prone to the pain of boom-and-bust economic cycles.

“Good well-paying clean energy jobs are situated in all parts of B.C., from its biggest cities to its most remote communities,” said Paul Kariya, executive director of Clean Energy B.C. “The map gives a glimpse of a future in which all of us are working together … to come up with resilient energy solutions that just makes sense.”

In a press release, the Pembina Institute said the clean energy sector is often overlooked as an economic driver relative to fossil fuel industries in the province.

“As the world’s economies look to rapidly reduce carbon pollution, we want to make sure B.C. is well positioned to remain competitive,” said Penelope Comette, the director of Pembina’s clean energy economy program. “Policies that support the development of our clean energy economy will help to future-proof B.C. and enable us to thrive in a low-carbon world.”

The clean energy jobs map is the first of many — other maps will examine B.C.’s entire clean energy economy, including jobs associated with energy efficiency, green buildings and clean transportation technologies and services.

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After three days of arguments in the federal court of appeal in the Hupacasath First Nation’ challenge against the Foreign Investment Protection and Promotion Agreement (FIPPA, also known as the Canada-China Investment Treaty) – all that’s left is the waiting.      Beginning Wednesday morning, lawyers for the Hupacasath spent the first day and a half working to establish the threshold at which the Crown’s duty to consult would be triggered.

Lawyer Mark Underhill approached the case from two directions. The first line of argument was what he called the treaty line, which stated that since Aboriginal peoples are granted the right of self-government, the duty to consult is triggered in any instance in which that right is affected, whether the individual nations are part of a treaty with the Canadian government or not.

Like the vast majority of First Nations in British Columbia, the Hupacasath have never signed a treaty with the Canadian government. Regardless, the nation falls into the category of sub-national government, which means that it’s bound by any legal agreement that binds the federal government.

Underhill’s argument hinged upon the fact that the international agreement has an impact on the Canadian government and all of its sub-national governments, which includes First Nations’ governments. The case is not a constitutional challenge to FIPPA itself. Underhill was clear about repeating this point during his closing statements on Friday.

“The argument is, as I hope you now appreciate, that the day after the [Canada-China] FIPPA is ratified, it will amount to a restraint on Aboriginal governance whether exercised through Aboriginal right of self-government or codified in a treaty such that it’s a treaty right of self-government.” There would be a shift in regime, he said, and therefore the duty to consult should have been triggered.

The second strain of the Hupacasath’s argument dealt with the impact ratifying the Canada-China FIPPA would have on the Canadian government’s ability to fulfill its constitutional obligation to protect and accommodate First Nations’ rights and title.      Crown attorneys representing Canada’s Foreign Affairs Minister told the court that this new treaty would in no way impact domestic law, meaning Aboriginal peoples' constitutional rights would in no way be affected. “The treaty does not represent a fetter on the Crown to deal honourably with Aboriginal people,” the Crown attorney told the court.

The Crown argued three main points. The first is the status of FIPPA as an international agreement requiring no change in domestic law. Crown attorney said the links between the FIPPA and domestic law weren’t strong enough to “attract the application of the constitution.”

The second point was that, although the FIPPA doesn’t trigger the Crown’s duty to consult, the international agreement doesn’t absolve the Canadian government from managing land and resources according to its constitutional obligations to First Nations.

The third and crucial point focused on what it called the speculative nature of the application, arguing that there is no direct correlation between ratifying the FIPPA and adverse affects on the Hupacasath.

Chief Justice Paul S. Crampton is expected to make his decision in about a month.

Brenda Sayers of the Hupacasath First Nation says that, win or lose, she’ll continue to spread the word about FIPPA and other legislation that affects all Canadians. “My plan is to make it even bigger,” she said. “My idea from the beginning was to approach the unions because unions have the ability to reach millions of Canadians in a very short period of time.”

She cited what Grand Chief Phil Stewart of the Union of British Columbia Indian Chiefs calls the thin red line, referring to the small number of First Nations people fighting national battles to protect the environment for all Canadians.

“We’re trying to create a new path, a new way of bringing people together and exercising our constitutional right to participate in the formation of Canada, and how can you do that if you have a government that’s not listening to the people of Canada? In fact outright ignoring the people of Canada?”

Image Credit: Photo by Erin Flegg

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After public outcry was ignored and the NDP’s motion to reject the agreement dismissed, the Hupacasath First Nation is the only thing standing between the Harper government and the ratification of its Foreign Investment Protection and Promotion Act (FIPA) treaty with China.

The Hupacasath will be in court June 5-7 when the judge will hear final arguments from both sides. This is the last step in a nine-month long process to stop the Government of Canada from signing a treaty that would give Chinese companies the power to exploit First Nations’ territory without consulting First Nations people. A decision is expected no earlier than a month from the closing arguments.

With support from the Tsawwassen First Nation, the Union of British Columbia Indian Chiefs, the Serpent River First Nation in Ontario and the Chiefs of Ontario, Hupacasath spokesperson Brenda Sayers believes the case is strong.

“I’m feeling very positive that things will fall in our favour. We have a strong argument that we’ve put forth under section 35 of the constitution.”

The tiny nation from the Alberni Valley in BC, caught on to the agreement, signed in secret last September with the intention of ratifying it in November, and filed the court challenge that stalled the process. Last month, NDP MP Don Davies’ motion to refuse to ratify the agreement was voted down in House of Commons. The Hupacasath are now the last line of defence.

“This will affect our natural resources in our traditional territory to a great extent,” Sayers said. “China is the second largest economic power in the world, moving up to number one, and they have the power and the means to come in and buy Canadian companies and extract the resources from our traditional territory.” The terms of FIPA would mean that any attempt on the part of First Nations to protect their land could be seen as interfering with China’s right to profit, thereby triggering legal action against Canada.

The Hupacasath have also reached their goal of making the challenge publicly funded, raising more than $150,000 through a fundraising campaign supported by Leadnow and the Council of Canadians.

“The way that we’ve looked at this from the start is that it’s everybody’s court challenge. It’s everybody’s responsibility to support the work that’s been undertaken by the First Nations,” she said, adding that she’s disappointed that the provincial government still hasn’t stepped in to support its people.

One of the biggest challenges throughout the process has been getting the word out to Canadians and First Nations across the country. With little coverage from major media outlets, she said it has been difficult for the small nation—of less than 300—to reach a national audience.

“I said it from the beginning and I’ll continue saying it: we need the support. We can’t do it alone,” she said. “We need the support of Canada in a large way to end this thing. We need people to show that they’re not in favour of the Canada-China FIPA.”

The Hupacasath are calling for a Unity Gathering, a peaceful gathering of supporters outside the Vancouver Federal Courthouse on June 5, 6 and 7.

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