NDP BC invades sovereign Wet'suwet'en territory, RCMP arrest defenders

Premier Hogan defends BC government handling of land rights and Wet'suwet'en clash

B.C. Premier John Horgan raised his voice over jeers and fist-banging recently in question period after members of the Opposition Liberals criticized his government's handling of the clash between Wet'suwet'en hereditary clan chiefs and a pipeline company.

Horgan told the legislature that the unresolved rights being asserted by the chiefs were around long before his government took power 2 1/2 years ago.

"These issues have been percolating for generations — generations," he said.

quote:

First Peoples Law represents the Unist'ot'en, members of the Wet'suwet'en Nation, in an application for a judicial review that accuses the province of failing to consult them about an archeological mitigation plan after Indigenous artifacts were found at a Coastal GasLink construction site.

Rather than use the court decision as an opportunity to recognize Aboriginal title, researcher Shiri Pasternak said the government sought to protect industry from the ruling's implications.

"The provincial government was deeply shaken by the Delgamuukw decision as were the representatives of industry from across the province," said Pasternak, the research director at the Yellowhead Institute, a First Nation-led think tank.

"The provincial government was deeply shaken by the Delgamuukw decision as were the representatives of industry from across the province," said Pasternak, the research director at the Yellowhead Institute, a First Nation-led think tank.

Pasternak filed a freedom of information request for about 800 pages of documents that were released in 2018 as part of her research with Toronto's Ryerson University, where she is an associate professor of criminology.

"You can see in the documents they immediately rushed to their federal counterparts and co-ordinated a strategy for pushing Indigenous nations into the treaty process," said Pasternak, who recently co-wrote a story based on the documents that was published by The Narwhal magazine.

Some bureaucrats under Glen Clark's NDP government looked for a chance to make their argument in court. In a confidential email in 1998, a director with the Aboriginal affairs branch of the Forests Ministry suggested watching for the "right court challenge."

"This will be controversial, but it seems likely that Delgamuukw will spawn more litigation," wrote Doug Caul in an email released as part of the freedom of information request.

He said future litigation could help determine the scope of Aboriginal title.

"I am not suggesting we pick a fight but that we make sure we take advantage of potential litigation and maybe even initiate where we feel it could help us, instead of waiting and reacting. I am sure this suggestion will result in a strong reaction from others, I put it out there for some thought."

Caul, now a deputy minister in the Indigenous Relations Ministry, said in an emailed statement that Delgamuukw left many unanswered questions about the definition of Aboriginal title and who holds it.

The email quoting him contained a long list of ideas for brainstorming how to move forward, he said, and his long-standing view remains that government should answer those questions through negotiation and dialogue rather than the courts.

"I stand by my record on advancing reconciliation. In the past five years since I have been deputy minister, I have presided over significant progress in many areas — including the Declaration on the Rights of Indigenous Peoples Act, a modernized treaty policy, and meaningful new agreements with First Nations," Caul said.

Pasternak said the historic memos also show the province wrapping up Indigenous groups in interim agreements on the condition that they not take legal action or exercise their jurisdiction.

And representatives from forestry, ranching and other industry groups expressed concern about how Indigenous land rights could affect the economy.

"(Delgamuukw) has only created more uncertainty and we are very concerned by how governments will react to the court’s findings," Marlie Beets, then vice-president of the BC Council of Forest Industries, said in another 1998 one memo.

Beets could not be reached for comment.

More than 20 years have passed since the Delgamuukw decision, but Pasternak said the issue of Indigenous land rights has yet to be resolved.

The treaty process has consistently been used to keep First Nations out of the courts, but neither is an ideal venue, she said.

"Indigenous people have been left between a rock and a hard place. There's no policy in place that recognizes their title in a meaningful way, yet litigation is an insurmountable barrier," she said.

The Tsilhqot'in won a court battle in 2014 recognizing their Aboriginal title in B.C.'s Interior, but it cost millions of dollars and took more than 20 years, she said.....

I saw the front page of that right wing rag Le Journal de Montréal. 'So what are you going to do, Justin?'

First off it isn't 'Justin' it's the LPC. Right wing framing, turns me off.

This is a very difficult situation and an easy situation at once. Difficult appeasing oil provinces like Saskatchewan and Alberta, provinces across the country with the railroad blockades, appeasing Legault and his BFF Doug Ford and appeasing the Native community.

The easy ways are, stopping the pipeline (an environment disaster waiting to happen and Canada doesn't need it. It's just something that lines the pockets of billionaire Americans)

Or what the CPC wants to do...raid the blockades. This is why they were not invited to a meeting between parties (Bloc,NDP and Greens) To the right wing, these 'savages' are expendable, the pipeline is not.

So what are the Liberals to do? I think they should work with the NDP,Bloc and Greens to find a peaceful solution that will please all that is involved.

The genius who printed out the cover of the Journal today may have an idea. He/she doesn't? Now there's a surprise.

So shut the fuck up. This is very complicatred and very easy at the same time. Don't build the pipeline  , make reconciliation with Natives or build the pipeline incriminate Natives and appease Alberta and Saskatchewan.

Those 2 provinces are not going to vote Liberal anyway, so side with the Natives and show them that provinces are expendable.

Very complicated. Once again, I invite the geniuses at the Journal to share their ideas.

A NEGOTIATED SETTLEMENT TO THE SITUATION ON WET’SUWET’EN TERRITORY

The following statement was adopted at the February 18, 2020, regular meeting. 

The Vancouver and District Labour Council is alarmed by the ongoing conflict taking place on the Wet’suwet’en territory. While the recent discussions between the Provincial Government and the Wet’suwet’en Hereditary Chiefs was a hopeful development, it unfortunately did not lead to a resolve of the dispute.

Since that time, the RCMP have renewed their actions on Wet’suwet’en territory to enforce Coastal GasLink’s court injunction, including several arrests of peaceful demonstrators. We respect the diversity of opinions that exist amongst our affiliates with regards to the project in question. We also commit ourselves to the process of reconciliation, and to respect for the rights of Indigenous nations as outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

We are therefore calling for Premier John Horgan, the Provincial Government and Coastal GasLink to urgently return to the table with the Wet’suwet’en Hereditary Chiefs, and for all parties to renew efforts to find a mutual, peaceful solution which respects and upholds the UN Declaration of the Rights of Indigenous People, which the Provincial Government recently adopted with Bill 41, specifically Article 10 which states “Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.” We also call on the Provincial Government to order the RCMP to withdraw from Wet’suwet’en territory and allow for this to take place.

We have often rejected the narrative that workers must choose between jobs and the environment. Similarly, we must reject the narrative that there is a choice to be made between jobs and Indigenous rights. We must demand both.

We also urge that other labour unions, and labour organizations including the Canadian Labour Congress and BC Federation of Labour adopt this motion, and that union members recognize protests as picket lines, and refuse to cross these picket lines either digitally or physically. 

https://www.ipsos.com/en-ca/news-polls/Majority-Canadians-Disagree-With-Protestors-Shutting-Down-Roads-And-Rail-Corridors-And-Half-Want-Police-To-End-It

 As the indigenous blockade of key transportation corridors in solidarity with the Wet’suwet’en Nation continues for another week, a majority of Canadians (61%) say they disagree (26% strongly/35% somewhat) that the protestors are conducting justified and legitimate protests, according to a new Ipsos poll conducted exclusively for Global News. Four in ten (39%) take the opposite view, agreeing (12% strongly/28% somewhat) that the protests are both legitimate and justified.

...In response to the blockade, a majority (53%) of Canadians support (27% strongly/26% somewhat) intervention by police to end the blockade of key transportation corridors by indigenous protestors, while three in ten (28%) oppose (12% strongly/16% somewhat) police intervention. Two in ten (19%) Canadians don’t know.

 

..from may 2018

True test of reconciliation: respect the Indigenous right to say No

Conflict is coming. There is no getting around that fact. Anyone who believes that reconciliation will be about blanket exercises, cultural awareness training, visiting a native exhibit at a museum or hanging native artwork in public office buildings doesn’t understand how we got here. Reconciliation between Canada and Indigenous peoples has never been about multiculturalism, diversity or inclusion. Reconciliation is not an affirmative-action program, nor is it about adding token Indigenous peoples to committees, advisory groups or board rooms. We cannot tokenize our way out of this mess that Canada created. Real reconciliation requires truth be exposed, justice be done to make amends and then Canada’s discriminatory laws, policies, practices and societal norms be reconciled with Indigenous rights, title, treaties, laws and jurisdiction. That process of truth, justice and reconciliation will be painful. It requires a radical change. Nothing less than the transfer of land, wealth and power to Indigenous peoples will set things right. The true test of reconciliation will be whether Canada respects the Indigenous right to say ‘no.’

Canadian courts have been issuing decisions about Aboriginal rights and title and treaty rights, sending the strong message to governments that they must obtain the consent of Indigenous peoples before taking actions or making decisions that will impact our lives. Governments have not listened. Canada’s failure to listen is one of the reasons why Indigenous peoples spent more than 25 years negotiating the United Nations Declaration on the Rights of Indigenous Peoples which guarantees the right of Indigenous peoples to free, prior and informed consent. Article 19 of UNDRIP provides:

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

quote:

So, we are now back where we started. Canada has not yet reconciled its laws, policies or political positions to the fact that Indigenous peoples have the right to say no to development projects on our lands. This means that conflict will continue to grow over mining, forestry, hydraulic fracking and pipelines on Indigenous lands. The true test of reconciliation will inevitably play out on the ground, like it did in Oka, Ipperwash, Gustafsen Lake, Esgenoopetitj (Burnt Church) and Elsipogtog. Will Canada force the Kinder Morgan pipeline to go ahead against the will of British Columbia and First Nations? Will Canada isolate and exclude First Nations who do not subscribe to the extinguishment requirements of Canada’s land-claims process? What will happen to First Nations who stop provincial social workers and police officers from entering their reserves to steal more children into foster care? This will be the real test of our inherent right to say no.....

It is the role of the federal government to inform the RCMP that they have invaded sovereign territory and their statutory authority does not extend to the area so they have to leave. That is the governments oversight role.  Its like saying if the RCMP cross over into the US the government can't tell them to stay within our borders.

Listuguj railroad blockade

Inside a protest movement: How climate activists are taking Wet’suwet’en fight from B.C. to Yonge Street

quote:

But unlike last winter, when a similar temporary injunction was enforced by the RCMP, this was no longer just a local struggle. Climate activists from across the country — galvanized by months of climate strikes and naming colonialism and capitalism as major villains in the plight of climate change — have taken up the hereditary chiefs’ message as the embodiment of everything they believe is wrong with Canada’s approach to the environment.

Smogelgem, head chief of the Sun house of the Likhts’amisyu clan of the Wet’suwet’en, said it’s been a long time coming.

Wet'suwet'en chiefs' planned meeting with Mohawk protesters could delay efforts to end rail crisis

A trip east by four Wet'suwet'en hereditary chiefs to meet and thank the Mohawks of Tyendinaga behind a rail blockade in Ontario has thrown into doubt the timing of proposed talks with Ottawa and Victoria to settle the rail crisis.

The four Wet'suwet'en hereditary chiefs left B.C for Ontario Wednesday and there are plans for them to meet with the Mohawks of Tyendianga as early as tomorrow.

Hereditary Chief Na'moks told CBC News they will be landing in Montreal and stopping first in Kahnawake, a Mohawk community south of the city, before moving to Tyendinaga.

"It is only to thank them for their support, no more than that," Hereditary Chief Na'moks told Radio-Canada in an email.

"It is only to thank them for their support, no more than that," Hereditary Chief Na'moks told Radio-Canada in an email.

In a separate interview, Na'moks also told CBC that he is not travelling with the four chiefs who are expected to land in Montreal this evening.

quote:

But the hereditary chiefs have said they won't meet with the federal and provincial ministers until the RCMP leave their territory. And with some hereditary chiefs now heading east to meet with the Mohawks of Tyendinaga, the prospects of a meeting in the short term appear to be remote.

On Wednesday afternoon, Bennett released a letter, also signed by Fraser, saying that the two ministers would be in Smithers, B.C., on Thursday to meet with any hereditary chiefs available to "discuss these matters of great concern to the Wet'suwet'en nation."

The letter said that the ministers would return to meet with the hereditary chiefs who are currently making their way to east.

"We look forward to continuing the discussion in person to achieve our shared goal of safe resolution of the current impasse," said the letter.

The letter said Bennett and Fraser were in Victoria on Monday to be ready to meet with the hereditary chiefs on short notice.

"While we were not able to meet in person then, we have continued the dialogue with multiple conversations with some of the Wet'suwet'en hereditary chiefs in order to seek clarity and a path forward," said the letter.

Without movement between Ottawa, Victoria and the Wet'suwet'en, the window is closing on a possible short-term end to the two-week-old blockade along CN rail lines by Mohawk protesters that has shut down large sections of passenger traffic and paralyzed freight shipments between eastern and western Canada.

The blockade sits along the reserve boundary of Tyendinaga, about 240 km west of Ottawa.

Hereditary chiefs setting pre-conditions

The Mohawks have vowed not to leave until the RCMP withdraws from Wet'suwet'en territory. The Ontario Superior Court has issued an injunction against any continued interference with CN's business operations. The Ontario Provincial Police is now on the scene.

The B.C. RCMP said in a statement to CBC News that it is aware of the the Wet'suwet'en request that they leave the territory and that the issue is being discussed.

"Discussions are underway with respect to possible next steps," said B.C. RCMP S/Sgt. Janelle Shoihet in a statement to CBC News.

"Any options will have to be discussed with all stakeholders and out of respect for those discussions, we have nothing to publicly share at this time.".....

..from an email

Yesterday Chief Woos, who's territory is where the violent RCMP raid on the Gidemt'en Checkpoint gook place, spoke to CBC about the current situation.

"the Minister is basically blowing air right now as far as were concerned. he put on his website that he was going to talk with the Wet'suwet'en chiefs in regards to Wiggus. on February 3ird and 4th he sent Scott Fraser to Smithers to talk to us. we were still open to that so we started talking to Scott, started to explain to him what Wiggus was and is and keeping in mind that we said Mr. Horgan you need to come and be part of this, instead he sent Scott Fraser with the stated attempt for us to agree to an access agreement for CGL which failed. We didn't want that. With that CGL turned around and said to the police enforce the injunction and BC walked away."

"We're prepared to talk but we don't want the RCMP in our territory."

"As far as the economy and what is happening across the country... You see indigenous groups, the indigenous organizations out there. We're facing third world situations all on account of your rule of law that is not being correctly handled by all governments."

"If we're going to be alongside the majority of Canadian's as First Nations the first things that happens is Respect. Respect is the first thing that must happen."
Rail Blockade outside of Edmonton that went up this morning calling for support.

Is that the reason we have such a progressive government in Quebec now?

Quebec premier calls for a federal ultimatum — end the blockades or else

https://nationalpost.com/news/canada/francois-legault-wetsuweten-ultimatum-to-protesters

..last night vancouver

..the above press conference entailed a letter from CRCC Chairperson which is a response to Wet’suwet’en Hereditary Chiefs, Union of BC Indian Chiefs, and BC Civil Liberties Association’s call for an investigation regarding the improper and unlawful actions of the RCMP in in Wet’suwet’en territory.

..i'm posting the first page of that letter and you can read the next 8 pages here.

The most obvious solution to the immediate problems for the country related to these protests is to have the police withdraw. Then there needs to  be a real conversation about jurisdiction and the government has to speak to the correct jurisdiction and live with the result of that conversation.

It is critical that we create the environment for aggreements of integrity in the future. This requires significant economic changes to make sure that these nations are not negotiating with an economic gun to their heads. 

The lesson here is that economic blackmail will get you an aggreement but it is not worth the paper it is written on.

Neskonlith Blockade

Leah Gazan Wpg MP

This gov is stalling their #UNDRIP bill, using events with the Wet’suwet’en people.

Is @JustinTrudeau punishing Indigenous Peoples for standing up for their rights or was he never going to follow through in the 1st place?

There is no reconciliation in the absence of justice.

Smogelgem @smogelgem

Their harassment of our people and supporters continues. Now they’ll simply base their Mounties out of the local town of Houston. They are trying to instruct us to continue letting CGL do their work and ignore the eviction that we served them with. OUR EVICTION STANDS!

NorthReport wrote:

Crossing the line of decency, protesters pay angry Horgan a house call

OPINION: For a small and determined group of zealots, a politician’s home is fair game. If they also get to shake up members of his or her family, that’s a bonus

 

https://vancouversun.com/opinion/columnists/vaughn-palmer-crossing-the-line-of-decency-protesters-pay-angry-horgan-a-house-call

Horgan got a lot more respect than the Wet'suwet'en did when his militarily armed police force arrived to enforce his pipeline decision. You dare negatively compare peaceful demonstrators to armed police invading. If I told you the demonstrators were attacking a Hong Kong politician would your view change about what is too far?