Canada and BC Violate UN "Injunction" While Lawful Protesters Arrested and Threatened with Armed Force
- Lawyers' Rights Watch,
February 12, 2020 -
While peaceful protesters are arrested from coast
to coast, Canada's Minister of Transportation Marc Garneau calls the
blockades in support of Wet'suwet'en land rights defenders illegal,
citing the Railway
Safety Act. He fails to mention that actions of the
governments of Canada and British Columbia and the use and threatened
use of force by the RCMP are themselves in violation of Canada's
binding international law obligations and therefore "illegal." The
protesters, on the other hand, are exercising their legal rights to
peacefully and strongly object to serious violations of the rights of
the Wet'suwet'en.
On December 13, 2019 a United Nations (UN) treaty
monitoring body called on Canada to "halt construction ... of the
Coastal Gas Link pipeline in the traditional and unceded lands of the
Wet'suwet'en people," "immediately cease forced eviction of
Wet'suwet'en peoples," "guarantee that no force will be used against
Wet'suwet'en," and ensure that "the Royal Canadian Mounted Police and
associated security and policing services will be withdrawn from their
traditional lands." The UN body also called on Canada (which includes
BC) to "prohibit the use of lethal weapons, notably by the [RCMP]
against Indigenous peoples."
After years of Canada's failure to comply with
recommendations of the UN Committee to End Racial Discrimination
regarding the rights of Indigenous peoples, particularly in BC, the
Committee issued its December decision urging Canada to incorporate
free, prior and informed consent into domestic legislation and seek
technical advice from the UN.
Instead, Canada, while seeking a seat on the UN
Security Council, is ignoring this urgent UN decision and is again
directing and allowing the use of force to seize unceded traditional
lands, evict Indigenous people from their lands, and deprive protesters
and land defenders of their fundamental rights to liberty and to engage
in peaceful protests.
 Protesters across
Canada are objecting to the repetition of the original colonial
seizures of Indigenous lands and the accompanying trampling of
Indigenous people's inherent rights to liberty, livelihood, and
dignity. The grave consequences of this historic land grabbing and
associated injustices persist to this day.
Now, in 2020, Canada and BC cite "the rule of law"
as supporting enforcement of laws and decisions that purport to
override international laws that protect the rights of both Indigenous
peoples and protesters. These international human rights laws have been
binding on Canada and BC for more than half a century.
The RCMP arrests protesters and deprives them of
their liberty for alleged violations of a civil injunction of the BC
Supreme Court in favour of a corporation while Canada and BC violate
the UN "injunction" with impunity. These actions by Canada, BC and the
RCMP are contrary to the rule of law upon which the protesters and land
defenders insist.
Lawyers' Rights
Watch Canada (LRWC) is a committee of lawyers and other human rights
defenders who promote international human rights, the rule of law and
the integrity of legally systems globally through advocacy, education
and research. LRWC is an NGO in Special Consultative Status with the
Economic and Social Council of the UN.
This article was published in
Volume 50 Number 4 - February 15, 2020
Article Link:
Canada and BC Violate UN "Injunction" While Lawful Protesters Arrested and Threatened with Armed Force - Lawyers' Rights Watch,
February 12, 2020
Website: www.cpcml.ca
Email: editor@cpcml.ca
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