Indigenous Peoples Fight for the Affirmation of Sovereignty

Crown Drops Charges Against Wet'suwet'en Land Defenders

On April 15, the Crown dropped contempt charges against 14 Indigenous people, citing a lack of evidence. The 14 were arrested at a blockade on January 7 by heavily armed RCMP officers in an act of state terror. They were accused of failing to obey a court injunction granted to Coastal GasLink (CGL) in December 2018 so that it could build a pipeline on Wet'suwet'en traditional territory. BC Court Justice Marguerite Church agreed to vacate the charges.

Molly Wickham, a spokesperson for those arrested, pointed out that the threat of jail time and fines "are things we should not have to experience as Indigenous peoples holding up our own laws on our own territory."

CGL claims that it has agreements with 20 First Nations, including a number in Wet'suwet'en territory, to enable the building of the 670 km-long pipeline through their territory, that would take fracked natural gas from northeastern BC to Kitimat on the coast. This suggests that CGL has conducted itself lawfully and followed procedure. However, these agreements are between elected band council chiefs and representatives of private corporations. The jurisdiction of the band council chiefs is strictly limited to the so-called crown lands designated as "reserves" under the Indian Act. This represents a very small portion of the 22,000 square kilometres of Wet'suwet'en territory. It is the hereditary Chiefs of the Five Houses who have the authority to act on behalf of the Wet'suwet'en and it is they who have opposed the building of the CGL pipeline which will traverse twenty-eight per cent of their territory. They have repeatedly pointed out that Wet'suwet'en not Canadian law has jurisdiction over Wet'suwet'en territory. They also point out that Canada, or any other entity, must honour these traditional laws and jurisdiction. Wet'suwet'en hereditary chiefs have also expressed their opposition to the pipeline on the basis that it will cause damage to the environment, diminish the salmon stock and undermine the means of livelihood of the Wet'suwet'en people.

The court injunction against the Wet'suwet'en land defenders, which remains in place, is based on CGL, with the help of the Canadian government, trying to sidestep the key issue of who has jurisdiction on Wet'suwet'en Territory in order to push the pipeline through. Government agreements with the elected chiefs and councils are aimed at splitting and dividing the Indigenous peoples, criminalizing their defence of their right to self-determination and, when that fails, embroiling them in legal battles to deplete their financial resources and force them to surrender their lands and resources. This is the modus operandi of the Canadian state today no matter which cartel party is in government at either federal or provincial levels.

The Canadian people from coast to coast to coast held demonstrations and rallies to support the Wet'suwet'en blockade and denounced the RCMP's assault and arrest of the 14 land defenders on January 7. They will continue to stand with the Wet'suwet'en people and all Indigenous peoples fighting for hereditary, constitutional and treaty rights against the colonial relations the Canadian state seeks to perpetuate.

(With files from CBC.)


This article was published in

Volume 49 Number 14 - April 20, 2019

Article Link:
Indigenous Peoples Fight for the Affirmation of Sovereignty: Crown Drops Charges Against Wet'suwet'en Land Defenders


    

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