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When Indigenous Assert Rights, Canada Sends Militarized Police

When Indigenous Assert Rights, Canada Sends Militarized Police

It’s become routine, but ignores latest law on rights and title, say experts.

The use of heavily armed RCMP to enforce a court injunction and tear down an Indigenous blockade against TransCanada’s Coastal GasLink pipeline in northwestern British Columbia last week was part of a familiar pattern, say criminologists.

“It seems like Canada uses a show of force and police repression whenever it wants to contain First Nations exercising their aboriginal rights and title,” said Shiri Pasternak, a criminologist at Ryerson University and director of the Yellowhead Institute, a research centre focused on First Nations land and governance issues.

“Canada is creating the problem by refusing to recognize what its own courts are saying about aboriginal rights and title,” added Pasternak.

Over the last decade rulings by the Supreme Court of Canada and lower courts have established that Canadian governments have a duty to consult and accommodate Indigenous people before resources are extracted from their land, and that in many cases their land and title rights have not been extinguished.

Unlike many elected First Nations governments along the pipeline route, which signed economic benefit agreements with TransCanada, the hereditary chiefs of the Wet’suwet’en Nation have remained opposed to intrusions on their traditional lands.

Jeffrey Monaghan, a criminology professor at Carleton University who co-authored Policing Indigenous Movements: Dissent and the Security State with Andrew Crosby said the dismantling of the Wet’suwet’en blockade was intended to send a national message.

“It was very carefully choreographed to communicate to the national audience that any protests against oil and gas pipelines are going to be cracked down upon. I think it was highly symbolic. Police action doesn’t stop with the Wet’suwet’en,” said Monaghan.

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The Tears of Justin Trudeau

The Tears of Justin Trudeau

On January 7th the Royal Canadian Mounted Police (RCMP) swept into a non-violent checkpoint set up by the Unist’ot’en and Gidimt’en clans of the Wet’suwet’en Nation. Fourteen people were violently arrested in the ambush by the militarized colonial forces. The camp was set up by hereditary leaders to defend the ancestral lands of the Unist’ot’en and other clans from the unwanted incursions of TransCanada and its Coastal Gaslink pipeline. Following the incident Prime Minister Justin Trudeau had the temerity to extol the neoliberal scheme behind the incident as something that is good for the earth. In a speech to supporters he said: “We moved forward on the LNG Canada project, which is the largest private sector investment in Canada’s history, $40-billion, which is going to produce Canadian LNG that will supplant coal in Asia as a power source and do much for the environment.” After being pressed in a radio interview about the brutal raid Trudeau said of the arrests that it is “not an ideal situation, but at the same time, we’re also a country of the rule of law.” Apparently he does not consider Article 10 of the UN Declaration on the Rights of Indigenous Peoples to be law. It states: “Indigenous peoples shall not be forcibly removed from their land or territories.” It may be difficult for ordinary people to choke out hypocritical, ahistorical fallacies without missing a beat, but the Prime Minister has a gift for spouting empty platitudes that fly in the face of reality and he isn’t alone.

There is something familiar about Trudeau’s lamentation on this situation as well as his appeal for the rule of law. This is because neoliberal leaders around the world have used similar justifications for the violence of the corporate state.

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Another Crucial Canadian Pipeline Runs Into Trouble

Another Crucial Canadian Pipeline Runs Into Trouble

LNG canada

Late last year, Royal Dutch Shell gave the greenlight to a massive LNG export terminal on Canada’s Pacific Coast, one of the largest investments in LNG in years. But like other fossil fuel projects in Canada, the plans have run into some trouble.

Shell’s LNG Canada project hinges on a crucial pipeline that will connect gas fields along the border of British Columbia and Alberta to the Pacific coast at Kitimat. The Coastal GasLink pipeline is to be constructed by TransCanada (or, rather TC Energy, as the company now wants to be known).

The Coastal GasLink pipeline was supposed to mark a departure from previous long distance pipelines in Canada – a project that would, from the start, adequately consult with First Nations. Prior pipeline projects – Enbridge’s Northern Gateway and Line 3; TransCanada’s Energy East; as well as Kinder Morgan’s Trans Mountain Expansion – ran into stiff resistance from various First Nations.

TransCanada hoped that Coastal GasLink would be different. But, it too is now meeting resistance. Members of the Wet’suwet’en nation threw up makeshift barricades to stop construction on their land in recent weeks. On January 7, the Royal Canadian Mounted Police broke through those barricades and arrested at least 14 people. RCMP said it was enforcing a court order, but the clash made national and international headlines.

The situation is complex because the Wet’suwet’en nation never signed a treaty with Canada, so their territory is neither ceded nor even formally acknowledged by Canada. “What I see is a long history of the Canadian government doing its best to avoid acknowledging the existence of other systems of government,” Gordon Christie, a scholar of indigenous law at the University of British Columbia, told The Guardian.

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