NAB Investor Letter

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October 19th, 2021

ATTN: Mr. Ross McEwen, Mr. Tomm Ben-David, Ms. Selina Peck:

We are writing with respect to your company's investments in the Coastal GasLink (Coastal
GasLink) pipeline and LNG Canada projects and hereby formally demand you divest and
withdraw all financial support.

As you may be aware, in British Columbia, Canada, we are currently resisting the illegal
construction of the Coastal GasLink pipeline slated to cut through our territories at huge
environmental, social, and economic cost. This 670-kilometer-long pipeline would carry fracked
gas from northeast BC to a future liquefied natural gas (LNG) terminal on the coast, the largest
of its kind ever proposed in Canada. The pipeline cuts through Wet'suwet'en territory, which is
divided into 5 clans and 13 house groups, and stretches over 22,000 square kilometres, wherein
each clan has full jurisdiction to control access to its territory. We are writing to inform you that
we have maintained our land use, occupancy, hereditary governance system, and are the title
holders with the authority and jurisdiction to make decisions about unceded lands, including the
land where the pipeline is scheduled to be built.

With respect to the law, we have re-asserted our right to jurisdiction over our lands, to determine
access and prevent trespass under 'Anic 'niwh'it'én (Wet'suwet'en law), and to free, prior and
informed consent (FPIC), as enshrined in the United Nations Declaration on the Rights of
Indigenous People (UNDRIP). The Coastal GasLink project is in violation of UNDRIP, adopted
at both the provincial and federal level in Canada.

"Indigenous peoples shall not be forcibly removed from their lands or territories. No
relocation shall take place without the free, prior and informed consent of the Indigenous
peoples." Article 10 - UNDRIP

According to UNDRIP, states and third parties should consult and cooperate with Indigenous
peoples "through their own representative institutions" and "in accordance with their own
procedures." Related, the UN Committee on the Elimination of Racial Discrimination has called
on the Canadian government "to immediately halt the construction and suspend all permits and
approvals for the construction of the Coastal Gas Link pipeline in the traditional and unceded
lands and territories of the Wet'suwet'en people, until they grant their free, prior and informed
consent, following the full and adequate discharge of the duty to consult.1"

Wet’suwet’en rights and title are being infringed upon by construction of the Coastal
Gaslink pipeline

1
UN Committee on the Elimination of Racial Discrimination, December 2019 Decision. Prevention of racial
discrimination, including early warning and urgent action procedure.
https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/CAN/INT_CERD_EWU_CAN_9026_E.pdf
We are responsible for decisions regarding our land, and the decision of TC Energy to construct
the Coastal GasLink pipeline without our consent is an infringement of our title and rights, also
protected under section 35 of the Canadian Constitution. Hia In 1997, the Wet'suwet'en
Hereditary Chiefs (and the Gitxsan Nation) fought and won the most important case on
aboriginal title in Canada in the Delgamuukw decision, wherein the Supreme Court of Canada
(SCC) recognized that, where treaties have not been signed, underlying title continues to rest
with the Indigenous nation. Stemming from a 1984 case launched by Wet'suwet'en and Gitxsan
leadership to establish jurisdiction over 58,000 square kilometres of land and water in northwest
British Columbia, this SCC Delgamuukw decision recognizes our authority to govern unceded
territory and establishes that our title has never been extinguished. Thus, 'Anic 'niwh'it'én,
Canadian, and international law all dictate that all levels of government have the obligation to
seek the consent of leaders with governing authority over the territory in question, and that
failure to do so is in direct violation of Indigenous peoples' rights. In summary, the Coastal
GasLink pipeline contravenes Wet'suwet'en, federal, and international laws. It is an illegal
project.

For over ten years, we have been asserting our sovereignty to stop fossil fuel companies from
trespassing on our lands, leading to the cancellation of Enbridge's Northern Gateway oil pipeline
and Chevron's divestment from the Pacific Trails Gas Pipeline.

One focal point of the Wet'suwet'en resistance is through our neighbours and the Unist'ot'en
Healing Centre, a million-dollar community project built in the path of the proposed pipeline. This
is not a protest or demonstration. Rather, Wet'suwet'en clans are occupying and using our
traditional territory as we have for centuries. Our free, prior, and informed consent protocol is in
place as an expression of our jurisdiction and our inherent right to both give and refuse consent.
The Unist'ot'en infrastructure is an expression of our connection to our territory and an example
of the continuous use and occupation of our territory. Our traditional structures of governance
continue to dictate the proper use of and access to our lands and water, while our traditional
indigenous legal systems remain intact and govern our people and our lands. However, to date,
TC Energy / Coastal GasLink have refused to listen to us or withdraw.

Coastal GasLink does not have our free, prior and informed consent

On January 4, 2020, the Hereditary Chiefs of the Wet’suwet’en, representing all five clans
issued an eviction notice to Coastal GasLink, which still stands. Access to Cas Yikh house
group territory was shut down. On January 13, 2020, the Royal Canadian Mounted Police
(RCMP) set up an "exclusion zone" and began to block media, Wet'suwet'en people, and food
from entering our territory. Following this, on February 6, 2020, militarized police conducted a
five-day military raid on the resistance camps on Cas Yikh and Unist'ot'en land and illegally
evicted us and our matriarchs and land defenders. The police used assault rifles, snipers, dogs,
sound cannons, and helicopters on Indigenous elders and youth. The militarized police
presence on our territory continues to this day.
Nevertheless, despite these outrageous attempts to criminalize and impede us from asserting
our jurisdiction and sovereignty, resistance to the Coastal GasLink project has continued to
spread, including rail blockades, port shutdowns, government office occupations, sit-ins at
legislatures across the country and at banks investing in the illegal pipeline project. It is
becoming inarguably clear that projects lacking free, prior and, informed consent from
Indigenous communities should not and can not be built.

While we are currently in negotiations with federal and provincial government ministers to have
our land rights and title recognized and upheld, this does not mean there is agreement with
respect to Coastal GasLink. We remain unequivocally opposed to oil and gas pipelines on our
territories and are determined to continue to protect our lands, air, and water. For us, neither
fracked gas nor any other fossil fuels is part of a just climate strategy.

Coastal Gas Link and LNG Canada are financially risky

Over the last decade, more than 20 LNG projects have been proposed in Canada but volatile
markets, a lack of consent from communities, and a failure to address the climate crisis has
resulted in only LNG Canada and Coastal GasLink moving forward. Most recently the $14 billion
LNG Quebec project which sought to build a terminal, port and pipeline for gas export was
denied by the Quebec government and cancelled. Several Innu communities expressed
opposition to this project this year.

Over the past decade, the global transition to clean energy has heavily relied on LNG. However,
as major economies commit to their carbon emissions targets and green energy goals ahead of
2050, many are questioning whether or not LNG is still a viable, and worthwhile, alternative.
Just last year, the European Investment Bank issued a report that labeled investments in LNG
assets as an unacceptable risk. Vice president Andrew Mcdowell called investing in LNG
terminals an “increasingly economically unsound decision”. The Swedish Pensions Agency also
declared that LNG investments should be avoided as LNG infrastructure faces serious risk of
becoming stranded assets due to rising concerns about climate change and subsequent delays
to financing. The rapidly declining cost for renewable energy also demonstrates that long-term
pricing has shifted in favor of renewables.

Like other cancelled projects, the $6.6 billion (CAD) Coastal GasLink project remains a high risk
investment and faces increasing economic uncertainty, particularly in light of recent reports from
the International Panel on Climate Change and the International Energy Agency both of whom
have concluded that further fossil fuel expansion exacerbates climate change. Furthermore in
recent weeks financial disputes between LNG Canada (owned by Shell, Petronas, KOGAS,
PetroChina and Mitsubishi.) and Coastal GasLink have emerged as the Coastal GasLink
construction costs balloon and delays increase. We believe the financial case for both LNG
Canada and Coastal GasLink is weakening and the scant local economic benefits, particularly in
the long term, are dwindling.
Contaminant spills and disturbance of archaeological sites

Most recently and concerningly, TC Energy workers spilled a 1000 litres of contaminants at one
of their construction camps on our territory. We were not informed until several days after the
spill. Furthermore, company workers have begun to disturb an identified archaeological site on
our territory without our consent.

On August 6th 2021 Coastal Gaslink obtained a “Site Alteration Permit” (SAP) to destroy a
protected archeological site which is 200 metres from camp.

This has resulted in the removal and destruction of our archaeological inheritance which
includes the theft of 21 artifacts. Along with the failure of archaeological consultants to conduct
adequate assessments, we were only made aware of the SAP and corresponding plans to enter
our territory for work 13 days before the planned work.

To be clear, we do not authorize or consent to the removal of, or any “alteration” or impacts to
our archaeological heritage sites. According to the United Nations Declaration of the Rights of
Indigenous Peoples- a declaration implemented by the BC government under Bill C41 which
states:

Article 11
(1) Indigenous Peoples have the right to practice and revitalize their culture, traditions and
customs. This includes the right to maintain, protect and develop the past, present, and future
manifestations of their cultures such as archaeological and historical sites, sites designs,
ceremonies, technologies and visual arts and performing arts and literature.
(2) States shall provide redress through effective mechanisms , which may include restitution,
developed in conjunction with Indigenous Peoples, with respect to their culture intellectual,
religious and spiritual property taken without their free, prior and informed consent or in violation
of their laws, traditions and customs.

Here’s a link to unjust actions from Coastal Gaslink workers and RCMP treatment to
Wet’suwet’en Chiefs, Matriarchs, and Supporters

https://www.yintahaccess.com/news/2021/10/4/wetsuweten-resistance-to-cgl-pipeline-occupatio
n-september-2021

Request to divest and stop financing Coastal Gaslink, and meet with our community
leaders

We call on you to divest and withdraw investment in the Coastal GasLink pipeline immediately.
Furthermore, continued investment in this project is in open violation of Wet'suwet'en, Canadian,
and international law. In no way is Coastal GasLink a responsible, profitable, secure, or morally
sound investment. Again, it is us, Cas Yikh, who are the title holders with the authority and
jurisdiction to make decisions about our unceded lands.

This letter serves as your formal notice that the Coastal GasLink project lacks our necessary
consent. Should you choose to invest or continue to maintain your investment in this project,
you do so against the law and our express demands, and you are complicit in illegally interfering
with our rightful exercise of authority and jurisdiction.

We respectfully request to meet with you at your earliest convenience to discuss the steps you
will consider taking to withdraw your investments in and financing of Coastal GasLink and LNG
Canada.

__ ______________________________
Tsakë ze’ Sleydo’, Molly Wickham
Cas Yikh
Gidimt’en Clan, Wet’suwet’en

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