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REPORTING · 11th January 2012
Merv Ritchie
The Canadian and British Columbian Governments have joined with Enbridge in participating in a fraud. Enbridge has signed a deal offering a monetary exchange for the support of a Society that has been determined in a Court Hearing to be functioning illegally.

All organizations, realtors, corporations, governments and associations must perform a basic primary duty called “Due Diligence”. It is done as a precaution against operating or engaging in contracts where an entity finds themselves participating in an unlawful or compromising activity. Without performing the proper due diligence an entity could discover they have become ensnared or embroiled in a costly mistake. Neither Enbridge, the Federal Government or the Provincial Government did their legal fiduciary duty in performing “Due Diligence”.

Every reporter who participated in the December 3, 2011 telephone conference call, where Derrick and Enbridge announced their deal, quickly realized Elmer Derrick was not acting responsibly to the Gitxsan people. Some openly mocked him with chuckles.

Read report here.

In the Smithers, BC Supreme Court on January 9, 2012, Justice McEwen declared the Gitxsan Treaty Society (GTS) was operating illegally. The Canadian and British Columbian Governments were listed as joint participants with the GTS and the Justice declared a “time out” for everyone to consider where they go next.

Read the news release here.

The Gitxsan people have been struggling for three years to bring this trial forward and in the meantime the BC government has provided funds and allowed the GTS to ring up a debt of over $20 million. This debt the Federal and Provincial Governments provided through their Treaty processes and is attached and is to be repaid from a successful treaty settlement. This means, the debt incurred to settle a treaty will be repaid to the governments by the funds the governments agree to pay them.

The GTS has continued to build this debt for many years.

Today the question many Gitxsan are asking is who will be responsible for this debt? As the entire Society was found to be operating illegally will the directors such as Elmer Derrick and Bev Clifton Percival be responsible? Will their Executive Director Gordon Sebastian be found to be complicit?

On December 5, 2011, 2 days after the announced signing with Enbridge the Gitxsan Community decided they had had enough of the games being played and simply took over the illegal offices and fired Derrick, Percival and Sebastian.

Read about this here.

It needs to be asked: If the Federal Government, the Provincial Government and even the internationally operating corporation, Enbridge, will quickly do deals with organizations who freely and openly admit they are illegal, what else will they accept?

This situation is far from over.
Was it illegal at the time?
Comment by Daniel Carter on 11th January 2012
I have difficulty understanding the headline of this article.
The supreme court declared the Gitxsan Treaty Society operating illegally on January 9, 2012, however the signing was on December 3, 2011. Therefore Enbridge signed the deal with a legally operating society at the time of signing?