About the Pipeline - by Bruce Clark
"What one needs to know if one is interested in the pipeline controversy is the significance of the title of the book Ongoing Genocide Caused by Judicial Suppression of the 'Existing' Aboriginal Rights. The adjective 'existing' acquired prominence on April 17, 1982, when Queen Elizabeth II signed Canada's new constitution into law. That constitution concerns aboriginal rights because of its section 35(1) which enacts, 'The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.'
'Existing' signifies the paramountcy of the Indian law in force as at the day the Queen signed. What the book establishes is two things. First that the courts have behaved fraudulently toward Indians since the mid-19th century. Secondly, the case law that came into force after April 17, 1982, tried to change the law as it existed on that watershed day. This newer law [like 'Delgamuukw'] is inferior to the older law because of the paramountcy given to the old law by section 35(1).
This brings us to the critical point from the pipeline's perspective. The newer law says that all the Indians have is a 'right to be consulted' before development can occur on their land. The older law says that no development can occur until the Indians have signed a treaty. No treaty has been signed. But the Indians were consulted. Under the older law the Indians enjoy the power of veto. Under the newer law the Indians enjoy nothing.
Which is why they have an injunction against them, because the assumption is that the newer law rules. The assumption is in error. That is why it is fair to say Ongoing Genocide [is] Caused by Judicial Suppression of the 'Existing' Aboriginal Rights. But you have to read the book really to understand first that fraud is normal for the courts in Indian affairs, and secondly that another fraud is happening in the pipeline situation..."