Support the Right of the Indigenous Peoples to Uphold Their Hereditary Rights

Wet'suwet'en Hereditary Chief Na'Moks Visits Montreal to Raise Awareness

Hereditary Chief Na'Moks speaks to a rally in Montreal, May 12, 2022.

Wet'suwet'en Hereditary Chief Na'Moks, whose English name is John Risdale, participated in a press conference in Montreal on May 7, organized by Amnesty International. He did so to increase awareness amongst Quebeckers on the situation facing his nation concerning the building of the Coastal GasLink pipeline on his nation's unceded territory in BC.

Na'Moks spoke to a packed room at the Centre for Sustainable Development where members of the Atikamekw community from Manawan were in attendance. Manawan is where Joyce Echaquan was from and the people continue to demand justice in her death as a result of racist treatment when she was sick. It is located approximately 270 kilometres north of Montreal.

The $6 billion plus natural gas pipeline, which will span some 670 kilometres, is scheduled for completion in 2023. The Wet'suwet'en and their allies who oppose the project have noted time and again that the pipeline is being built on unceded territory and that their traditional leadership were never properly consulted and have never agreed to it.

Both the BC and federal governments have thus far ignored the concerns of the hereditary chiefs, with the Trudeau Liberals even financially supporting the project through the public purse.

During the conference, Na'Moks declared that the Crown and industry developers must respect, recognize and accommodate Wet'suwet'en rights and title throughout their territory. "Elected officials and industry are not showing us that," he pointed out.

The Hereditary Chief also condemned the crackdowns and violent raids by the RCMP over the past three years targeting opponents to the construction of the gas pipeline that have led to dozens of arrests and convictions. He presented a video showing a series of violent arrests carried out by RCMP officers on Wet'suwet'en territory of those who set up a blockade to prevent Coastal GasLink from further ravaging their land and fresh water supply. People risked their lives, he noted, adding that this should never happen and was unacceptable. He explained that the fight of the Wet'suwet'en land and water defenders is a fight to ensure the conservation of their culture and their territory. For the various levels of government and for the fossil fuel industry, he pointed out, "it's as if we don't exist." He further stressed that the Wet'suwet'en have not been sufficiently consulted and now find themselves staring down the barrel of a gun.

When asked about anti-pipeline activists allegedly setting fire, three days earlier, to two vehicles belonging to a former Harper government cabinet minister and present vice-chairman of RBC Capital Markets, outside his Montreal home, Na'Moks condemned the vandalism.

The reference was to a statement issued by the Montreal police (SPVM) arson squad on May 7 which said it "is investigating after a fire at a former federal cabinet minister's residence destroyed two vehicles."

A CTV News item said that police had confirmed that a 911 call on May 4 "reported an explosion" and that they were still "gathering some information." The item said that an anonymous letter sent to an anarchist website claimed the vandalism was done "in the spirit of vengeance" in solidarity with Wet'suwet'en land defenders and "all those who fight extractive industry."

The news item also relates that "The authors of the anonymous letter say RBC's involvement in the controversial pipeline in northern BC was the reason for the alleged arson."

Na'Moks added that although he deplores the fact that the Royal Bank of Canada has contributed hundreds of millions of dollars in funding to the Coastal GasLink project, the hereditary chiefs have always requested that mobilization remain peaceful. While he cannot control the actions of others, he said, he knows what the chiefs have said, which is that they would never stoop to their level.

Referring to the funding of the very controversial project by the financial institutions, he said that they are the ones who are criminals.

(With files from Le Devoir and CTV News)

BC Supreme Court Judge Interferes in Case at Request of Coastal GasLink

Toronto action stands with Wet'suwet'en and their legitimate right to determine what development takes place on their lands, February 17, 2020.

On April 13, BC Supreme Court Justice Marguerite Church invited BC's Prosecution Service to consider criminal contempt charges against over a dozen people accused of defying a court order that prevents them from interfering with the construction of the controversial Coastal GasLink pipeline. She did so at the request of the company's lawyer, who argued that the protesters wilfully breached the injunction Justice Church had issued in 2019, knowing their defiance would receive widespread public attention.

"It is apparent from the evidence before me that the protest actions have escalated since 2019, and there is evidence, which if accepted, may support a finding of criminal contempt," she said.

This is the third time that Justice Church has "invited the prosecution to consider" criminal contempt charges against pipeline protesters. On the other two occasions, they declined.

The Judge claims she is defending the rule of law by acting at the request of Coastal GasLink.

"It is clear from the evidence before me that there is an important public interest in fostering a respect for the rule of law. The conduct alleged is defiant of the rule of law, and such conduct depreciates the authority of the court," she said.

The fact is that Wet'suwet'en hereditary chiefs have refused to give their consent and it is they who have responsibility over the land. The fact that the company has signed benefit agreements with 20 band councils along the route of the pipeline does not change that fact at all since the band councils are an order of the federal government and only have responsibility for their reserves, not the territory. The entire proceedings carried out in the name of federal and provincial authorities are in contempt of the fact that Wet'suwet'en chiefs are exercising their hereditary rights and there is nothing the authorities can do to stop them short of criminalizing them. Using injunctions which are without jurisdiction and then criminalizing people for defying the injunctions is unconscionable, very costly and an egregious act against the keepers of the land.

During the court proceedings, Coastal GasLink lawyer Kevin O'Callaghan explained that both civil and contempt charges require "proof of intentional act or omission in breach of a clear order."

"The distinction is the additional public defiance aspect in criminal contempt," he continued.

"We say that the acts of these individuals ... are displays of public defiance of an injunction order, and therefore criminal contempt."

Protesters are accused of using Coastal GasLink's heavy machinery to damage forest service roads and bridges, preventing contractors from doing their jobs, none of which has been proven.

O'Callaghan claimed that one protester who had allegedly used a device known as a "sleeping dragon" to remain attached to the underside of a bus had also been arrested in June 2021 for allegedly assaulting a police officer at an action against old-growth logging at Fairy Creek and should have been aware of the publicity that goes along with such protests.

He also raised the issue of the arrests last November of journalists Amber Bracken and Michael Toledano, taken into custody by the RCMP despite identifying themselves as members of the media.

The company lawyer also said that although the company had decided not to pursue contempt charges against the journalists, their presence at the protest would have signaled to others arrested at the time that their defiance would receive widespread attention.

This is the most convoluted logic to justify mistreating and arresting journalists. As if to say that attracting media attention is a crime, Justice Church joined him by repeating that the "actions of the protesters and the enforcement action undertaken by the police has attracted considerable local, national and even international attention."

"There has been extensive use of mainstream media and social media to attract attention to the actions of the protesters," she noted.

According to CBC News, defence lawyer Frances Mahon, who is representing 26 of the 27 protesters, "agreed that the evidence -- if accepted -- would be enough to establish a charge of criminal contempt." However, he said, "I want to make it clear that we're certainly not making any confessions in that regard."

No date has been set for the BC Prosecution Service to render a decision on criminal contempt charges.

(Source: CBC News, APTN)

RCMP Lie About Planned Action Against Wet'suwet'en in January

Recent documents obtained by The Tyee through a freedom of information request to the BC Ministry of Public Safety and Solicitor General reveal that although the RCMP publicly denied plans for a January raid on Wet'suwet'en territory, the BC government had been informed that a police action was being planned "to occur around January 10."

On January 2, the Gidim'ten Checkpoint alerted the public that they had received information that "dozens of militarized RCMP are en route to Wet'suwet'en territory, to facilitate construction of the Coastal GasLink (CGL) pipeline and to steal our unceded lands at gunpoint. We continue to hold the drill pad site, where Coastal GasLink plans to tunnel beneath our pristine and sacred headwaters."

The following day, an RCMP media spokesperson said in an interview with The Tyee that the commander had "said he wasn't even aware that there would be a requirement for enforcement ... I'm not aware that there's been a complaint or that there's been something that would require us to do some kind of an enforcement." These comments were then confirmed in an email from the RCMP to the independent online news magazine in BC.

However, in an internal RCMP email sent later that day and forwarded to officials at the BC Public Safety Ministry, RCMP Chief Superintendent John Brewer admitted that "rumours of RCMP impending arrival were leaked throughout the town and social media," resulting in the need for a change in enforcement plans, as the camp was being abandoned.

"The two tiny houses and bus parked on the Marten FSR [forest service road] were moved from the Marten FSR to the 44 Kilometre camp. The Martin FSR is now under the control of CGL security, and secured with a cable across the road pending the construction of a gate in the next few days," Brewer said.

On January 4, Sleydo', spokesperson for Gidimt'en Checkpoint, wrote in a Twitter post: "We know that they are preparing to raid us once again" and announced that the land defenders had made a "strategic retreat" from the drill site. "We know that they are here, we know what their plans are, and we cannot let that kind of violence continue to happen," she wrote.

It was also on January 4 that Normand McPhail, a former RCMP agent under contract with BC's policing and security branch to collect information about the demonstrations, emailed a "situational awareness" report to ministry staff, saying: "Police believe that the buildup of police in the immediate area was a trigger for the contemnors [persons guilty of contempt before a judicial or legislative body] to abandon the occupation of the CGL [Coastal GasLink] Drill Site on the Martin [sic] Spur Road and has re-established a security perimeter/presence at this work site."

That same day, a briefing note prepared by BC's policing and security branch reported that the January 10 police action had been derailed by increasing rumours on social media and that as a result, the protesters had abandoned the camp. "With that said, the anticipated enforcement around January 10, 2022 may not be necessary, although the intentions of the contemnors at Kilometre 44 require a police response if direct action ensues," the briefing note read.

Then on February 17, Coastal GasLink reported that its "worksite is under the control of the RCMP and is an active crime scene" and that approximately nine members of its nightshift workforce had been victims of an attack, The Tyee wrote.

The company added that photo and video evidence, including imagery of the masked attackers, had been turned over to the RCMP and that "Heavy equipment on-site was commandeered and utilized to cause significant damage to other heavy equipment and trailers. A similar tactic has been used in previous blockades."

After the incident, RCMP Chief Superintendent Warren Brown told The Tyee that he believed the assailants came from outside the area. He said that while patrols had increased as part of the police investigation, "there's no punitive reason for the police to come in right now and police any differently."

Sleydo', however, reported that there had been a marked change in how RCMP were policing the camp at Kilometre 44 following the violent incident at the drill site.

Towards the end of February, RCMP agents began entering the camp at Kilometre 44, a number of times a day as well as in the middle of the night. When confronted by occupants, they said they were patrolling "Crown land" and that they had found a link between the camp and the drill site incident.

Police later arrested at least one person, however, according to an RCMP spokesperson, this turned out to be a case of mistaken identity.

Towards the end of April, the police began reading from a statement that claims the camp has hosted "individuals committing criminal code offences" since 2019.

When The Tyee asked the RCMP for clarification about the offences, the response was that over the past three years officers have investigated people from camps in the area for mischief, criminal contempt of court, theft, uttering threats, assault, assaulting a police officer and obstruction. When asked about whether any of the investigations had resulted in any charges, the RCMP referred questions to the province's Prosecution Service.

The Tyee points out that "None of the arrests made under Coastal GasLink's civil injunction have resulted in criminal charges and Wickham (Sleydo') maintains that no criminal activity is taking place at the camp."

"There's never been anyone convicted of anything," Sleydo' is reported to have said. "They are targeting people at camp saying that we are responsible for the attack at the drill pad site.

"It's obviously meant to wear people down."

The Tyee notes that the RCMP has declined to answer any questions regarding an update on the investigation into the February incident and about any link that had been uncovered between the camp and the incident, saying only that it increased patrols out of concern for the safety of those in the area and that "The investigation into the February 17 incident remains ongoing."

"Since the RCMP conducted its first raid on the territory and established a remote detachment on the Morice Forest Service Road in 2019," The Tyee informs, "the force has spent more than $21 million policing the conflict."

We are also informed that "BC's Environmental Assessment Office has issued multiple orders to Coastal GasLink, dating back to October 2020, for insufficient erosion control measures and allowing sediment to flow into waterways at numerous locations along the pipeline route."

In February, the company was issued a $72,500 fine for its environmental infractions.

Inspections "in early April again reveal inadequate erosion control and sediment-laden project water being pumped into waterways and wetlands near Kitimat," The Tyee says.

As well, at the end of April, BC's Environmental Assessment Office posted two additional orders requiring the company to correct the violations at the western end of its pipeline.

When asked by The Tyee about when it plans to begin drilling under the Wedzin Kwa (otherwise known as the Morice River) Coastal GasLink responded that preparation for microtunnelling is currently underway.

(Source: The Tyee)

Union of BC Indian Chiefs Upholds the
Significance of Hereditary Rights

The Union of BC Indian Chiefs (UBCIC) points to the fact that the actions of Wet'suwet'en land defenders and their allies have taken place "on territories which have never been ceded, released or surrendered to the Crown."

In a letter addressed to David Eby, Attorney General of British Columbia, dated April 14, the Union of BC Indian Chiefs (UBCIC) Executive responded to BC Supreme Court Justice Marguerite Church's "invitation" to the province's Prosecution Service to consider charging Wet'suwet'en land defenders and their allies with criminal contempt. The letter urges the Ministry of the Attorney General "not to proceed with criminal charges in this matter."

The letter argues: "Wet'suwet'en hereditary leadership, the rightful title holders of the land on which the alleged actions took place, have not permitted the construction of sections of the Coastal GasLink pipeline through the territory under their jurisdiction. The Wet'suwet'en continue to exercise their right to govern and occupy their lands by continuing and empowering Wet'suwet'en law and governance systems."

The UBCIC also urges the Provincial government to uphold its own law and respect Section 35 of the Constitution Act, 1982. The letter points out that the Supreme Court of Canada in Delgamuukw v British Columbia, recognizes Wet'suwet'en people's rights and unextinguished title to a portion of their traditional territory. Delgamuukw highlights: "The content of aboriginal title contains an inherent limit in that lands so held cannot be used in a manner that is irreconcilable with the nature of the claimant's attachment to those lands." The actions of the Wet'suwet'en land defenders are an effort to guard their constitutionally-protected rights while asserting their inherent jurisdiction in line with Indigenous law."

The UBCIC also condemned "the criminalization of Indigenous land defenders and the intimidation, harassment, and forceful land dispossession that constitute a breach of international human rights standards and the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration)."

The Chiefs also urged the BC government "to uphold the minimum standards of Free, Prior and Informed Consent and the rights defined in the UN Declaration" and "the rights of Indigenous peoples to their lands and to own, use, develop and control the lands, territories and resources that they possess."

The UBCIC further points out:

"The Declaration Act on the Rights of Indigenous Peoples Act Action Plan (DRIPA Action Plan) has identified several outcomes that British Columbia has committed to working towards in collaboration with Indigenous Peoples.

"These include establishing dispute-resolution and relationship-building processes with Indigenous Peoples that are fair, just, accessible, and integrate Indigenous laws and protocols in order to limit the use of the court system to a last resort. Continued use of the courts and police to prevent Indigenous peoples within British Columbia to exercise their rights to determine priorities and strategies for the use of their traditional territories represents a significant barrier to the full enjoyment of our inherent rights," the UBCIC wrote.

(Union of BC Indian Chiefs)

Tsleil-Waututh First Nation Land Defender Criminalized Over Breach of Injunction

On May 10, Will George, a member of the Tsleil-Waututh First Nation and a guardian at the watch house near the Trans Mountain pipeline's Burnaby facility, was sentenced to 28 days in jail. The excuse given by the judge for sentencing him to jail time was that he breached an injunction issued by the BC Supreme Court prohibiting those named from physically obstructing or impeding access to a Trans Mountain terminal in Burnaby.

The following day, May 11, the Union of BC Indian Chiefs (UBCIC) condemned the application of such a sentence in the strongest possible terms. It issued a news release which says:

"The injunction granted to Trans Mountain Pipeline ULC (Trans Mountain) concerns areas which the Tsleil-Waututh Nation has never ceded, released, or surrendered to the Crown, and activities that the Nation has not provided their free, prior, and informed consent for Trans Mountain to carry out within their territory."

"Clearly, the so-called Canadian justice system continues its racist persecution of Indigenous Peoples who seek to protect their homelands from the destructive predations of Industry," UBCIC President, Grand Chief Stewart Phillip said.

The UBCIC "has repeatedly urged all orders of government and the courts to uphold the minimum human rights standards of the United Nations Declaration on the Rights of Indigenous Peoples. We have not been fighting for a limited recognition of our rights that vanishes the moment our peoples become an obstacle to business-as-usual."

"By UBCIC Resolution 2022-12, Ending the Criminalization and Human Rights Violations of Indigenous Land Defenders, the UBCIC Chiefs Council condemns the criminalization of Indigenous peoples asserting their rights and the intimidation, harassment, and forceful land dispossession that constitute a breach of international human rights standards and the UN Declaration," the news release affirms.

"Will George is being sent to jail simply to deter others from asserting their inherent rights as Indigenous peoples," said Chief Don Tom, UBCIC Vice President. "Incarceration is being used here as a tool to spread fear, not as a last resort to keep communities safe. The widespread criminalization of Indigenous land defenders, who are asserting their rights to protect their land from the risks of unsafe infrastructure development and the escalating impacts of the climate crisis, is of critical concern for everyone in Canada. The sentencing overlooked arguments from defence counsel for why Will George should be sentenced to community service hours and probation rather than incarcerated."

Says Kukpi7 Judy Wilson, UBCIC Secretary-Treasurer, "The Chair of the Committee on the Elimination of Racial Discrimination wrote to Canada's Permanent Representative to the United Nations just days ago, calling on Canada to cease the construction of the Trans Mountain pipeline until the free, prior, and informed consent of Indigenous peoples along the route can be obtained."

"Indigenous peoples' rights to make decisions on their own unceded territories have been continually supplanted by the colonial Doctrine of Discovery by which the courts assert jurisdiction over unceded Tsleil-Waututh territory, and every other territory crossed by the Trans Mountain corridor," Kukpi7 Judy Wilson added.

(UBCIC and CTV News)

UN Committee Voices Concerns Over Allegations of Violence Against Secwepemc and
Wet'suwet'en Nations

The Chair of the UN Committee on the Elimination of Racial Discrimination, Verene Shepherd, wrote to Leslie Norton, Canada's Permanent Representative to the United Nations Office in Geneva, on April 29. She said that in the course of the Committee's 106th session, held April 11-29, it considered information received "under its early warning and urgent action procedure, related to the situation of the Secwepemc and Wet'suwet'en communities, in relation to the Trans Mountain Pipeline and the Coastal GasLink Pipeline" in BC.

According to that information, she said, the governments of BC and Canada "have escalated their use of force, surveillance, and criminalization of land defenders and peaceful protesters to intimidate, remove and forcibly evict Secwepemc and Wet'suwet'en Nations from their traditional lands, in particular by the Royal Canadian Mounted Police (RCMP), the Community-Industry Response Group (CIRG), and private security firms."

That information, she continued, "specifies in particular that the Tiny House Warriors, a group of Secwepemc women, have been the target of surveillance and intimidation, and that numerous Secwepemc and We'suwet'en peaceful land defenders have been victims of violent evictions and arbitrary detentions by the RCMP, the CIRG and private security personnel in several occasions since the Committee's letter to the State party, dated November 24, 2020."

The Chair also reminded Canada's Permanent Representative that in the Committee's decision of December 13, 2019, it had urged Canada "to immediately cease forced evictions of Secwepemc and Wet'suwet'en peoples. It also urged the State party to guarantee that no force will be used against Secwepemc and Wet'suwet'en peoples, and that the Royal Canadian Mounted Police and associated security and policing services will be withdrawn from their traditional lands."

Shepherd also informed Canada through its Permanent Representative that the Committee "profoundly regrets and is concerned that despite its calls to the State party, the information received points rather to an increase of the above-mentioned acts against Secwepemc and Wet'suwet'en peoples."

She also pointed out that the information received "alleges that the Governments of Canada and of the Province of British Columbia have not taken measures to engage in consultations with Secwepemc and Wet'suwet'en peoples regarding the Trans Mountain Pipeline and the Coastal Gas Link Pipeline."

(Source: United Nations)

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