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Indigenous Nationhood

Pamela Palmater's picture
Dr. Pamela D. Palmater is a Mi'kmaw lawyer and member of the Eel River Bar First Nation in New Brunswick. She teaches Indigenous law, politics and governance at Ryerson University and heads their Centre for Indigenous Governance.

Feathers versus Guns: The throne speech and Canada's war with Mi'kmaw Nation

| October 18, 2013
Feathers versus Guns: The throne speech and Canada's war with Mi'kmaw Nation

As I write this blog, Canada is at war with the Mi'kmaw Nation -- again -- this time in Elsipogtog (Big Cove First Nation) in New Brunswick. The Mi'kmaw have spoken out against hydro-fracking on their territory for many months now. They have tried to get the attention of governments to no avail. Now the Mi'kmaware in a battle of drums and feathers versus tanks and assault rifles -- not the rosy picture painted by Canada to the international community.

The failure by the federal and provincial governments, as well as the Houston-based fracking company, Southwestern Energy, to consult with the Mi'kmaw and obtain their consent is what led to the protests all summer. According to their web page: "In March 2010, the company announced that the Department of Energy and Mines of the Province of New Brunswick, Canada accepted its bids for exclusive licenses to search and conduct an exploration program covering 2,518,518 net acres in the province in order to test new hydrocarbon basins." 

In response, the Mi'kmaw have led peaceful protests at hydro-fracking sites to demonstrate their opposition and protect their lands and resources. They have always asserted their sovereignty, ownership and jurisdiction over their territory. There has been relatively little coverage of their actions, but they have been active for months now. More recently, the company obtained an injunction to stop the protest and it was served on protesters today.

It is more than coincidental timing -- it was obviously strategically calculated with the completion of the Governor General's speech from the throne and the end of the United Nations Special Rapporteur James Anaya's visit to Canada. Yesterday morning, we awoke to reports from the Mi'kmaw of swarms of RCMP dispatched to Elsipogtog to enforce Harper's aggressive natural resource agenda. He has effectively declared war on the Mi'kmaw.



This is not the first time Canada has declared war on the Mi'kmaw. In 1981, law enforcement led an attack on the Mi'kmaw at Restigouche to stop them from controlling their own Aboriginal fishery. During this attack, Mi'kmaw suffered multiple injuries, some severe and numerous arrests.

In 1998, the government intervened in Listuguj because the traditional Mi'kmaw government shut down the logging company that was stealing timber from Mi'kmaw lands and because the Mi'kmaw started to harvest their own timber.

Between 1999 and 2001, Canada once again declared war on the Mi'kmaw Nation at Esgenoopitij (Burnt Church First Nation) in NB to stop them from fishing lobster. This was despite the fact the Mi'kmaw had proven their treaty right to fish lobster at the Supreme Court of Canada. Law enforcement rammed Mi'kmaw fishing boats, injured fisherman and issued numerous arrests.

All of these actions were done in violation of the numerous treaties between the Mi'kmaw and the Crown which were peace and friendship treaties intended to once and for all end hostilities and work together as Nation to Nation partners. Given that our treaties are constitutionally protected, Canada's actions are not only tyrannical and oppressive, but also illegal.

Today, in 2013, the government has once again decided that brute force is the way to handle The Mi'kmaw women, elders, and children drumming and singing in peaceful protest against hydro-fracking at Elsipogtog. Media reports 200 RCMP officers were dispatched, some of them from the riot squad, armed with shields, assault rifles, batons, tear gas, rubber bullets, pepper spray and snipers. Some of the RCMP, in full camo, hid in the woods, while the others formed a large barricade on the highway blocking any movement by protesters.

The Chief and Council were arrested, as well as numerous other protesters all while scrambling cell phone signals, cutting live video feeds and blocking media access to the site. Reports of RCMP pointing their assault rifles at elders and snipers aiming their scopes at children led to the burning of several RCMP cruisers. Yet, so far, the mainstream media has focused on the burning cars and not the acts of violation and intimidation by RCMP on the Mi'kmaw.

This heavy-handed deployment of heavily armed RCMP cops against women and children shows Canada's complete disregard for our fundamental human rights and freedoms, and their ongoing disdain for Indigenous peoples. One RCMP officer's comments summarized government position perfectly: "Crown land belongs to government, not to fucking natives." The RCMP have it wrong -- Mi'kmaw treaties never surrendered our lands and we are still the rightful owners.

Of course, this sounds eerily similar to the words of former Ontario Premier Mike Harris who was reported to have said of the protest at Ipperwash "I want the fucking Indians out of the park."

And we all know what happened there -- law enforcement killed a peaceful unarmed protester named Dudley George. One might wonder if history is going to repeat itself. If we look to the speech from the throne as any indication, Harper has sent Canada on a direct collision course with First Nations -- all in the name of resource development. 

Contrary to the Governor General's introductory comments about Canada using its military force sparingly and that Canada responds "swiftly and resiliently to aid those in need", the strategic wording indicates a much more ominous plan. Canada's position vis-à-vis First Nations and natural resources is laid out as follows: 

- First Nations are incapable of managing their own affairs and Canada will control them and make them accountable via legislation;

- Canada owns the natural resources and will sell them;

- Canada will make major investments in infrastructure to protect these natural resources;

- Canada will increase military strength to protect Canadian sovereignty; and

- Increased military will protect Canada's economy from terrorism.

In other words, Canada does not recognize the ownership or rights of First Nations to their lands, waters and natural resources and will expend billions to ensure that no First Nations prevent the extraction of those resources. Canada and its military have referred to First Nations as terrorists before, and will no doubt be labeled as such when they defend their right to say no to mines or hydro-fracking, like in Elsipogtog for example.

This aggressive display of power and intimidation in Elsipogtog was not met with an equal display of violence. Instead, the women, elders and children continued to drum and chant and pray for the health and safety of their peoples, their Nation and the lands and waters for all Canadians. Instead of scaring people away, this unconstitutional show of force is being met with solidarity blockades all over Canada and the United States.

Listuguj in Quebec has blocked a bridge; Six Nations in Ontario has shut down a highway, there are protests outside Canadian embassies in New York City and Washington; and hundreds of rallies, marches, protests and blockades planned for later today and tomorrow. The horrific images of police violence at Elsipogtog inspired First Nations peoples all over Canada to collect supplies, send warriors and advocate for justice. Harper has inspired Indigenous resistance and action on the ground. There will be more First Nation protests and blockades in the coming days as well.

The Idle No More flame that he lit last year has never faded -- it was just waiting to be fanned once again. The solution has always been there:

1. Respect the Nation to Nation relationship (our sovereignty and jurisdiction over our governments, lands and peoples);

2. Address the current injustices (crises in housing, education, food, water, child and family services, murdered and missing Indigenous women); and

3. Share the benefits and responsibility to protect the lands, water and natural resources like the treaties envisioned.

It's Harper's move now -- more tanks and RCMP violence or a negotiating table?



I like Marcarc's comments about undercover police perpetrating violence to justify arrests.  It does happen, and is likely going to continue into the future as resource wars heat up.  At the same time, Canadian police in whatever cowboy outfits they choose to don, pointing guns at the heads of elders and children is bullying of the worst kind........and could push people over the edge into diversionary violence.

If there is photo evidence of this kind of behavior it should go viral....if only because it might be informative to listen to right wing commentators attempt to justify it.


I'm horrified each time I think of my 96 year old mom, still politically conscious, having a gun to her head....or of any of my three grandchildren, all lovers of the wild places, threatened in this way because they stood up for something they loved.


Those concerned with this topic may also be interested in my recent article for Rabble.ca, Frackas in Elsipogtog.

  To add another issue to this story, there has been a media co-op reporter covering the story almost since the first protest.  He was arrested early, but made two interesting points.  First, three unknown people who claimed to be native warriors, one a journalist, arrived just the night before the arrests took place.  He also claimed they were not arrested and fled but were not arrested.  Its also interesting to note that NOBODY saw the actual firebombs which set the cars on fire, as it was before dawn.

   In case people forget, at the G20 meeting in Quebec of several years back, there is video evidence on facebook of 'protestors' who were attempting to turn a peaceful protest violent-it was then discovered that these were  undercover police men.  The police have a long history of using their own undercovers in order to instigate violence to justify their actions. 

   However, there is no evidence that these firebombs WERE from undercover police, but there is no evidence they WEREN"T. 

Main stream media has done a complete injustice to this story, and as is the modern trend in so called journalism, it has based its information almost solely on the RCMP's account.  As we've seen in the past the RCMP is willing to violate rights at the behest of the government and its corporate backers.  It is reassuring to see others picked up on the injustice perpetrated by the RCMP, and the provincial and federal governments.  I feel that all three institutions are playing on, and feeding their own, not so latent colonial racism in dealing with these issues and events, and in speaking about the events on Thursday, Oct 17th.  I'm appalled by our governments and 'law' enforcement agencies actions and attitudes, and am in complete support of the Mi'kmaw nation in their fight to protect the land, air, water and people.  Please keep up your quest for truth and justice for all to hear.


An Identification Of The Conflicted Relationship Between the Indigenous Nations and the Legal Profession in North America   -  by Bruce Clark


"An Indian goes into a law office and says, 'Since my traditional government never agreed by any treaty to be governed by your government, why does your legal system apply your government's laws to me on my indigenous nation's unceded national territory?"


Sovereignty is the answer! Canada is the problem!

Defend the Territories! Defend Mother Earth!

For Indigenous and Popular Resistance Now!

Remember Gustafsen Lake!

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