EAOVERTISING MANAGER KAYE EHSES » permitted without the writen permission of the Publisher. i eiScainleejolefobetetotelitotatatetat Poatatafetetstatitetste SOT PEST TRISTSEe ci tetatereiet atest tototatetete ss Terrace - 635-6357 Kitimat - 632-5706 mah atitaralnletetatatetaatatetsatatatstetate’s fiat, 0,00 00,600 5860001000001 OE OO Tee agit, cei ! ses Su Published by Sterling Publishers Ltd.. rublished every weekday at 3212 Kalum St., Terrace, 8.C. A member of Varified Circulation. Authorized as second class ' mail. Registration number 1201. Postage paid In cash, return postage guaranteed. PUBLISHER GORDON W. HAMILTON MANAGING EDITOR ALLAN KRASNICK ‘ NOTE OF COPYRIGHT ; The Herald retains full, complete and sole copyright In any advertisement produced and-or editorlal or photographie content pubiisned in the Herald. Reproduction is not ASM SOS atta Pssst ieitcaieabe nanan aetna neces Relations need juggling act If the Canadian government agrees with the Berger cominissions’s argument that the northern. natives should have 10 years to brace for the im- pact of pipeline construction, there may be some delicate Canada-U.S. negotiations. Although the public schedule for decision-making in each country does not include negotiations, a state department official said that undoubtedly there will be discussions between co-ordinators of pipeline policy for. the two governments. The Canadian government has appointed an official to co-ordinate its pipeline policy and his U.S. coun- terpart is to be appointed shortly. : On the Canadian side, officials would have to weigh the desirability of a delay against whatever benefits a northern pipeline may bring Canada. Too long a delay would mean the United States would turn to an “all-American” proposal to bring its Alaskan natural gas south by ship. The U.S. Federal Power Commission recently agreed that while the ship proposal is practical and economic, a pipeline through Canada would be more sb Ae ot ee watt a “ US. officials’ thus would have to balance the , savings of a cross-Canada route against the pol'tical undesirability of putting pressure on Olas: te approve immediate construction. If the Canadian government proposes a delay of less than 10 years, the United States must weigh the cross-Canada savings against the costs of delay. © Both President Carter and Congress are keenly conscious of the layoffs and school closings that happened in the United States last winter when cold weather led to widespread gas shortages. - And as'each side seeks to balance its own con- flicting interests and mesh them with the other’s, there is always the possibility of damaging political contraversy. A Canadian decision to delay all northern pipelines to protect northern society and economy might be interpreted in some U.S. quarters as an unfriendly act toward a neighbour in desperate need of energy. U.S. representations might be interpreted in Canada -as bullying. Mr. Justice Thomas Berger summed up the potential conflict of Canadian and U.S. interests by saying the pipeline issue offers ‘‘real possibilities . for misunderstanding and tension” between the two countries. jTo many U.S. officials, his recommendation for a 10-year delay is more important than his recommendation that there be a ban on any pipeline in northern Yukon. The ban, if adopted by Ottawa, would rule out the Arctic Gas project, though Arctic Gas spokesmen express confidence Ottawa will not go along with that. proposal. Even with Arctic Gas ruled out, however, the United States would have another cross-Canada proposal, one represented in Canada by Foothills Pipe Lines Ltd. of Calgary. The Foothills route would cross the southern Yukon, an area considered less environmentally fragile than the northern Yukon. The 10-year delay, however, might be as fatal to the Foothills project as to the Arctic Gas project. Although Berger’s recommended delay applies technically only to the Mackenzie Valley, which is not part of the Foothills route, the arguments behind it also might be applied to the Foothills route, A separate commission is studying the impact of the Foothills proposal. In theory, U.S. concerns over project timing would have little place in Canadian decision- making. The Canadian process calls for reports from the second commission and the..National Energy Board to be made within two months, followed by a cabinet decision that will be ready in lime {or President Carter to make his decision by mt. 1. But in practice, billions of dollars are at stake and the United States is unlikely to abdicate its role in the international decision of it feels a cross- Canada route is preferable. And if the Canadian fovernment decides it wants a pipeline across Canada for Alaskan Gas, it is unlikely to insist on a delay without getting some idea of how long a delay would lead the United’ States to abandon plans for such a pipeline. As the state department official commented “They won't be left in the dark.” ieienniannaninnness ame nneee snnananncconsamnneneite ann nenes tte Deheana THE BERGER REPORT OTTAWA (CP) — Mr. Justice Thomas Berger says there is a real possibility of civil disobedience and civil disorder in Northern Canada if a_ proposed natural gas pipeline is built before settlement of native land claims. In his report on the social, cultural and economic ef- fects a pipeline would have in the North, the judge said statements by native people that they were ready to die to stop the pipeline “cannot be ignored.” “No one who has heard them could doubt that they were said in earnest.” A common theme of In- dian and Inuit groups which appeared before the Berger inquiry was that the pipeline should not be. built before land claims were settled. Berger based his major recommendation for a 10-- ear delay squarely on the d claims issue. ‘If the pipeline is ap- proved before a settlement of land claims takes place, | the future of the North—and the place of the natives in “ ee hen Jounal. “Welcome to the Liberal p Civil disorder possible in the North—will, in effect, have been decided for them,” said the judge. Berger said it would take 10 years to work out a set- tlement to the land: claims and to establish new in- stitutions and new forms of government the native people seek in such a settle- ment, ; An immediate settlement would be dishonest because it would not achieve ‘the goals the native people want, he said. : . “They will sean realize— just as the native people on the Prairies realized a century ago as the settlers poured in—that the actual course of events on the ground will deny the prom- ises that appear on paper,” he declared. He advocated a special status for native people and - “to establish political in- stitutions in the North that ignore this fact of life would be unwise and unjust.” Both the Indians of the Mackenzie Valley, who refer to themselves as the Dene Nation, and the Inuit arty, Jack — a man with your are seeking separate territories in their land claims. They would take over some functions, such as education, now performed by the territorial govern- ment. In asking for self- determination and their own governments, northern natives were separatists, Berger said. ‘They see their future as lying with and within Canada and they leok to the povernment of Canada, to the Parliament of Canada and to the Crown itself to safeguard their rights and their future,” he said. Why should the native people be given their own OTTAWA (CP) — The Berger pipeline inquiry warns that Canada lacks the ability to clean up a major _ oi] spill in Arctic waters. sas go far in this government.” not: lack of direction should PIPELINE PROJECT POOR political institutions? -he asks ; “The answer is simple enough; the native people of _ the North did not immigrate to Canada as individuals or families expecting to assimilate.” - The Indians and Inuit were already in Canada and they had their own languages, culture and histories before the arrival of the French and the English. 7 “They are the original peoples of Northern Canada,”’’ he said. “The North was and is their homeland.” MR. JUSTICE BERGER «warns of disorder NO CLEAN-UP TECHNIQUES Mr. Justice Thomas Berger's report, tabled in the Commons on Monday, also says pipeline con- _Struction and oil and gas ex- Northerners will lose | OTTAWA (CP) — An early start on pipeline consiruction in Northern Canada could cause ‘‘serious, perhaps irreparable” harm to. the native economy, Mr. Justice Thomas Berger says. Inhis report on a proposed Mackenzie Valley natural gas pipeline, Berger says the two major companies bidding to byild the pipeline to carry supplies to the NEW POLICY COMING Trudeau government will issue this summer a com- prehensive policy statement on Northern Canada, in- eluding constitutional change, native claims and . economic development, Warren Allmand, northern affairs minister, said Monday. . Allmand made the an- nouncement in a press release containing his reaction to the report of Mr. Justice Thomas Berger on the proposed Mackenzie Valley natural gas pipeline. Allmand made no reference to the judge’s main recommendation that no pipeline be built in the Aackenzie for the next 10 years, The micister said the government tended to conduct “a careful analysis'’ of the Berger report before bringing down its policy. United States have pictured the project as an unqualified fain for the North. However, it is an illusion to believe the pipeline will solve the North’s economic problems. The skilled jobs. will not go to the native people; inflation will worsen and the skills that are learned will not be of lasting benefit, Berger says. Besides these adverse _effects, a start on con- struction .now ‘would, irremediably compromise the goals embodied in native claims’' about how «the North should be developed, Berger says. “All these considerations | lead inexorably to’ the conclusion that the pipeline should not be built now,” he . says. OTTAWA (CP) — The - Berger's analysis of the pipeline’s economic impact deals harshly with claims advanced. by the twa pipeline companies— Canadian Arctic Gas, Pipeline Ltd. and Foothills. Pipe Lines Ltd.—that have roposed alternate routes to ring gas from the Arctic. The companies have stated there would be jobs for up to 6,000 workers and a huge’ infrastructure of wharves, warehouses, and airstrips as well as fleets of aircraft, earthmovers and other equipment. However, small Northern- based conipanies would not receive contracts for this machinery and equipment, and native Northerners would have no guarantee of jobs, Berger says. “It is all very well for Arctic Gas to say that there will be employment for everyone, but the pipeline ' year contractors and the unions not Arctic Gas—will be controlling the hiting,”’ he notes. _ In recommending a 1 postponement of pipeline construction, Berger says this would allow time to build up an economy based on renewable resources. Native people would then have time to prepare to enter an industrial economy without becoming com- pletely dependent on it. ‘The Northern economy should be based upon modernizing hunting, fishing and trapping, on more efficient game and fisheries management, and ‘on small-scale enterprises, followed by the development of oil and gas resources ata future date, he recom- mends. Increased drinking assured OTTAWA (C?) — Con- struction of,a natural gas pipeline in 4 Valley would have a “devasting’ social impact on northern natives, Says Mr. Justice Thomas Berger in his report on the social, economic and cultural effect such a pipeline would have. _ “IT use the word ad- visedly,’” he said. He also said that if the pipeline were built now, it would be beyond the capacity of Canadians to soften the impact in any significant way. The judge predicted more violent crimes, an increase he Mackenzie — in the sumption of alcohol, a rise in welfare costs as well as a loss of personal pride among natives as a result of pipeline construction. “The pipeline and the energy corridor would change the North, alter a way of life and inhibit, perhaps extinguish the native people's choices for the future,” said the judge. ~He said experience has shown that native people in the North have not par- ticipated in the industrial . economy on a permanent basis ‘‘and pay a high price in terms of social impact alarming con- if quick development comes wherever the industriai economy has penetrated into the North.” ; He quoted Mary Rose Drybones, an Indian social worker at Fort Good Hope who told the inquiry: “Talking about the pipeline ... that is just like somebody telling us they’re going to destroy us.” It has been estimated that up to 6,000 workers will be needed to built the proposed pipeline over a two or three- year period. “How can we suppose that the construction of a pipeline will do anything but make the present situation worse?" he asked. -the north, he says. ploration can cause havoc in the fragile northern -en- vironment. He called for a network of wildlife sanctuaries across the western Arctic and a ban on pipeline construction and oil and gas exploration in some areas. In his report, Berger noted some oil and gas exploration . has been allowed by cabinet in the Beaufort Sea. Berger says accelerated exploration will bring a _ serious risk of oil spills. Canada is setting inter- national standards for Arctic oil and gas ex- ploration, but existing techniques for cleaning up spills will not be successful ould a major spill occur in Drifting ice and rough water would make clean-u operations difficult, wit existing equipment, he says. _ _Amajor spill would not only Major spill could cause havoc kill mammals, birds ‘and fishin the Beaufort Sea—but could even have an effect on climate. . Oil spills could decrease the reflective capacity of ice cause a decrease in the sea ice cover and changes in climate the report says. Berger says Canada jshoul propese — joint research into Arctic oil pollution control with other northern countries, the U.S., the Soviet Union, Denmark and Norway. He also says a gas pipeline, particularly across the 1,000 miles of the nor- thern Yukon, carries an enormous potential for damage, ranging from pollution of the land to the destruction of animals, . birds and fish. “There is a’ myth that terms and conditions that will protect the environment can be imposed, no matter how large a project is: proposed,’’ Berger says. of eee 2 _ bates wos 7 ' Looe m4 “ \ AA i seed afew nt gabe Ma eal cere : an if # e news . He went north OTTAWA (CP) — The wrinkled Indian hunter bows his head in shyness and with halting words tells the judge about his fears that a pipeline through the North will frighten away the animals. . Across the room, sett! comfortably behind a rough wooden table, Mr. Justice Thomas Berger of the British Columbia Supreme Court listens intently to what the old man is saying. The testimony was to be repeated often during the hours of hearing under flickering lantern light in the tiny, isolated village of Trout Lake, N.W.T., where the people still depend on hunting, fishing and* trap- ping for sustenance. Mr. Justice Berger was tired that day from travelling and waiting— waiting for the waters of Trout Lake to become calm to allow the local chief to get to the hearings. But his interest never seemed to wane, Later, after he was sure . no one else wanted to speak, the judge carried his sleeping bag into an ad- joining kitchen, already crowded with his staff, to settle down for the night, He cduld have commandeered the main room, but didn’t want to interrupt a poker game among some-of the Indians and the travelling reporters. In two years of hearings, the judge demonstrated time after time that he was willing to listen to the native ople. In the brlef formal welcoming to the com- munity sessions he told the hunters and the fishermen, their wives and teen-age children that he considered their views just as valuable | as those of the pipeline companies and their lawyers. The natives considered the 43-year-old judge a friend, But they still fear he can do little to help them. - “Tt’s the first time anyone has asked us what we .think,” says Chief Harry. to meet people Denron of Fort Liard. But native leaders add that while the judge may he all right, his report likely will not make any difference to a federal government they feel is bent on getting a natural gas’ pipeline built along the Mackenzie River Valley. . Mr, Justice Berger, whose career has moved from successful lawyer, — to federal MP to New’ Democratic Party leader of British Columbia and finally to the provincial supreme court, saw the report he prepared as “ihe greatest challenge of my life.” He faced a tough balan- cing act, with even the native groups divided over the need for a pipeline. The Indian Brotherhood says it will destroy their culture, the Metis say it is needed to proviee jobs and de: velopment in the North. Born the son of an RCMP officer in Victoria, Mr. Justice Berger grew up on the Prairies in Regina and Prince Albert, Sask., returning to British Co- lumbia to get a law degree. Within five years he was: setting legal precedents, defending native rights before the courts and get- ting a Supreme Court of Canada recognition that the B.C. Nishga Indians still held aboriginal title to their lands. Warning of tension OTTAWA (CP) —..A pipeline carrying U.S. natural gas from Alaska, through the Canadian north, to American markets will carry “real possibilities for misunderstanding and tension” betwee e two countries. “The risk is in Canada,” Berger said. “The urgency is in the United States.”’ The U.S. government already has Canada under ressure to make a decision: y this Sept. 1.