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JULY/AUGUST 2017 BCBUSINESS 57 TREVOR JANG held in December 2015, just before the deal was ratied. But according to the draft agreement, council had originally intended to sign the MBA on February 20, 2015; that same month, Genaille dis- covered the meeting with Kinder Morgan Canada. "Which means they didn't have any intention of changing anything or putting any concerns a band member has in the MBA," he says. † Once it was determined that there would be a vote, Peters members only received a summary of the agreement, Genaille says. Any band members who refused to sign con‰identiality agree- ments were denied entry to the com- munity meetings leading up to the vote, he adds. †"Even then, it was still, 'Well, I want to see the documents that I'm agreeing to or disagreeing to,'" Genaille says. "It's sup- posed to be full and informed consent. And if you're not being shown the docu- ments, that's not informed consent." †Along with Genaille, band member Samantha Peters attended the commu- nity meetings. "They wouldn't even put it on a PowerPoint presentation to let us even see it," Peters recalls. "So I said to them, 'Well, how the hell are we sup- posed to even comment on an agreement that we can't see? This is bullshit. All you guys are doing is just notifying us about what you've done.'" † The MBA draft details several cash payments, including one of $2.5 million, $250,000 for community development, $1.8 million to purchase construction equipment and a $500,000 payment as part of a legacy settlement agree- ment related to the original 1953 Trans Mountain Pipeline route. †The document states that the Peters Band will also receive $500,000 annually throughout the life of the project once it's active. In exchange for these benets, the band sent a letter to the National Eneršy Board ( NEB) consenting to the pipeline expansion and promising not to join any legal challenges against it. †In January 2016, the three-member Peters Band Council disbursed $30,000 cheques to all 42 band members, includ- ing themselves. Genaille accepted the money, even though he's still against the project. "It's my money," he says. "They're handing it out. Why would any- body turn that down? One has nothing to do with the other," he contends, adding that he used the money to buy solar pan- els for his home. Peters also accepted the $30,000, but she says will put it toward suing the band over internal governance issues that go beyond the Kinder Morgan Canada deal. † W CLASHES OVER CONFIDENTIALITY COMMON IN PIPELINE NEGOTIATIONS The same condentiality provision that caused tension in Peters has left several other First Nations along the Trans Moun- tain route divided. Freelance business consultant Carl Archie is a member of the Canim Lake Indian Band near Kamloops. His band is one of 17 communities that make up the broader Secwépemc Nation in B.C.'s Interior, many of which, like the Peters Band, were owed deeper consulta- tion by Kinder Morgan. † Archie, 27, sits in a hotel bar in down- town Kamloops. He's sharply dressed, articulate and wiser than his years sug- gest. Archie isn't necessarily opposed to the pipeline expansion, though he has concerns for the environment. He mainly wants to discuss the impact that the negotiations have had on Secwépemc communities. † "Kinder Morgan was successful in div iding our communities on a community-by-community basis and getting them to approve [the project], and has also been successful in having our communities keep secrets from each other," Archie says. "So signing non- disclosure agreements when we've got neighbouring communities who in most cases are family with each other [and] can't even legally discuss the terms of an agreement they've come up with with Kinder Morgan." † Not everyone in Secwépemc terri- tory agrees that the consultation pro- cess is ©awed. Last December, Kinder NATION DIVIDED Secwépemc foes of the Trans Mountain project plan to build occupation camps along its route near Kamloops; Tk'emlúps te Secwépemc Chief Fred Seymour, who supports the pipeline expansion, shows where it crosses his nation's territory