When the law fails to protect public health: opposing the Trans Mountain Pipeline Expansion

As UN Secretary General António Guterres warned in April 2022, the world faces a “climate emergency” with catastrophic consequences in public and environmental health and sustainability of critical ecosystems. Accordingly, “Investing in new fossil fuels infrastructure is moral and economic madness,” said Guterres upon the launch of the Intergovernmental Panel on Climate Change’s third report. Tim Takaro is a professor emeritus of health sciences at Simon Fraser University. Photograph courtesy of Tim Takaro Yet the federal government continues to promote fossil fuel extraction, including assuming direct ownership of the Trans Mountain Pipeline Expansion (TMX), designed to increase oil sands exports from Vancouver by 560,000 barrels per day. This will further extend the fossil-fuel economy in Canada, while violating the rights to a clean environment and, specifically, Indigenous Peoples’ rights. In 2018, Prime Minister Justin Trudeau's Liberal government of bought the pipeline from Kinder Morgan for $4.5-billion. Yet the estimated cost to complete the project has since ballooned to over $35.6-billion—making it a money-loser for taxpayers. Not surprisingly, broad coalitions have developed to oppose TMX. This includes First Nations, municipalities and others whose lands would be usurped or despoiled, as well as health professionals, environmental and community groups, and other concerned non-governmental organizations. John Abbotts was a research scientist at the University of Washington. Photograph courtesy of John Abbotts Opposition extends south of the border, with Washington Governor Jay Inslee, in 2019, arguing, “This pipeline, if built, will impose significant negative impacts on our coastal communities, increase the risk of oil spills in our shared waters, and double down on carbon-intensive fossil fuels at a time when world leaders need to double down on clean energy.” Tim Takaro, a medical doctor and public health expert, was first author—among other health professionals—of a 2015 report on the health impacts of the expansion, commissioned by local citizen’s organizations for submission to the National Energy Board as intervenors on the TMX project. Similarly, he was first author among several of a 2018 update to that evaluation. Yet the Trudeau cabinet discounted climate change impacts in approving the expansion. Moreover, the Supreme Court of Canada in July 2020 dismissed First Nations’ challenges to federal approval of the TMX In a January 2020 Lancet Viewpoint, several authors discussed whether health professionals should commit civil disobedience to respond to the public health emergency from climate change. They outline five criteria to justify civil disobedience: the situation is unjust; civil disobedience is the last resort; civil disobedience is more effective than harmful; civil disobedience is the least harmful action; and, the sociopolitical situation is considered. Tim Takaro is arrested by the RCMP in November 2021 for obstructing construction of the Trans Mountain Pipeline Expansion. Photograph by Cornelia Naylor In November 2021, Takaro was arrested while engaging in a tree-sit along the Brunette River in Burnaby, B.C., protesting the construction of TMX. Takaro’s action met the criteria outlined in the Lancet article. With clear evidence that the law and the courts would not protect public health, First Nations sovereignty, or the climate against TMX, Takaro was moved to non-violent civil disobedience, becoming one of the Brunette River Six. Takaro was sentenced to serve 30 days in prison. At his sentencing hearing, Takaro made the following comments: "The real climate criminals are the federal and provincial governments for not taking decisive action to reduce fossil energy infrastructure and ignoring the urgency of the climate crisis. The government needs to take the climate crisis seriously to keep people from dying, instead of shamelessly going after the people who are fighting to keep our planet healthy and safe for generations to come." Public opposition can take forms other than civil disobedience. TMX opponents have succeeded in convincing some financiers and insurers to drop support for the project, especially important considering the rising costs. Moreover, political resistance and support for First Nations’ rights continues. But, in the meantime, Takaro and many other climate activists continue their protest of TMX. Tim Takaro, M.D., M.P.H., is a professor emeritus of health sciences at Simon Fraser University. This material represents a small part of his January 2023 Bates Memorial Lecture at the University of Washington. John Abbotts, Ph.D. (biochemistry), was a research scientist at the University of Washington. The Hill Times

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When the law fails to protect public health: opposing the Trans Mountain Pipeline Expansion

The federal government continues to promote fossil fuel extraction, including assuming direct ownership of TMX.

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