Haudenosaunee men spent months protesting at Enbridge dig sites
By Adam Carter
Todd Williams spent months sparring with Enbridge all over Hamilton, trying to disrupt the company’s pipeline operations. And now it’s costing him.
After a legal battle with the oil giant that centred on the company’s property rights versus Indigenous treaty and hunting rights, Williams and another Haudenosaunee man, Wayne Hill, were ordered by a Superior Court in Hamilton this month to pay Enbridge $25,381.81 in legal fees. The costs award comes after Enbridge won an injunction barring them from maintenance dig sites.
Williams says that Enbridge has approached him with an offer to forgo those costs if he agrees to stay away, but he isn’t sure if he wants to sacrifice his principles.
He contends that Enbridge’s isn’t properly consulting with Aboriginal communities about maintenance work on its Line 10 pipeline, which runs through Hamilton — though Enbridge says otherwise.
“It’s about not allowing us to participate. We’re concerned about the land,” Williams said.
“We have rights — treaty rights.”
An Enbridge spokesperson said she couldn’t comment on the specifics of the case as it’s before the courts, but Senior Communications Adviser Suzanne Wilton told CBC News that “seeking legal remedies is always a last resort.”
“Safety is our top priority and these steps were necessary to ensure that preventative maintenance required for the continued safe operation of our pipeline could continue,” she said. “We would prefer to achieve mutually agreeable solutions through conversation.”
Blocking roads and tearing down fences
According to court documents filed as part of the injunction, Enbridge says that Williams and Hill have been “regularly interfering” with its work crews at maintenance dig sites along the pipeline since Jan. 26, 2017.
The documents say there have been “dozens” of incidents where Williams interfered with work crews, and at least six incidents involving Hill.
“Enbridge alleges that one or both of the defendants have torn down snow fences, blocked roads and gates, and have verbally demanded that work be shut down,” the documents say. “In one incident Mr. Williams blocked a maintenance dig site such that Enbridge employees working at the site could not leave until he was persuaded to move his truck.
“Enbridge alleges that after two weeks of obstruction the defendants placed rabbit traps to obstruct its access to certain maintenance dig sites, asserting treaty hunting rights.”
Other protests have sprung up over Enbridge pipelines in Hamilton in recent years, including an occupation of the North Westover pump station in 2013.
Williams, who is an engineer, is part of the Haudenosaunee Development Institute (HDI), which is in turn part of the traditional Haudenosaunee Confederacy Chiefs Council.
He wants Enbridge to notify the HDI of work along the pipeline, and to pay to have Haudenosaunee monitoring staff on worksites to make sure the work is being done safely and to environmental standards.
In court documents, Enbridge says that it wrote letters to two First Nations (Six Nations of the Grand River and the Mississaugas of the New Credit) and to HDI describing the nature of the work.
For Williams, that wasn’t enough. “We need more engagement, more consultation than just a notice,” he said.
Treaty rights versus property rights
Williams says he started camping out at sites and setting traps (which are humane cage traps), citing the Nanfan Treaty of 1701, which he says include his harvesting and hunting rights to the land.
In the end, the court found that Enbridge was entitled to an injunction restraining Williams and Hill from interfering with any dig sites.
“They determined their rights override my treaty rights. They’re pretty much saying I can’t have my treaty rights on private property,” Williams said.
“Well, when that agreement was signed, there was no private property.”
Williams said that ruling is not being appealed.
In the end, the two men are now on the hook for Enbridge’s legal costs — which amounts to $18,387.81 to Williams and $7,000 for Hill.
Williams says that he can dip into his retirement funds to pay it off, but that treaty rights and environmental safety are both bigger issues.
He also says that Enbridge has made an offer to forgive the costs award, if he stays away from the company’s work sites for two years.
Enbridge would not confirm or deny that offer when asked, citing the court proceedings.
“I’m considering it, but we’re talking about my rights and how they’re considered,” Williams said.
“If I get up and walk away, they’re just going to continue.”
Article By Adam Carter, originally posted in CBC News on May 31, 2017
Reblogged this on Peoples Earth Council.
Everything begins and ends with the law; and, every law has it’s boundaries and limits; and, all enacted rules are not law, but merely commerce between legal fictions; law-of-the-sea; whereas common law and customary law is the law-of-the-land and governs over living, tangible things; it’s called jurisdiction; it’s time to challenge the jurisdiction of the bar legal system;
Ask yourself, how can a corporation be viewed the same as a living tribe? No, it’s not possible; the bar legal system using semantic deceit and turns everything into pieces of paper; paving the way for fictions to destroy Life, itself;
It was Thomas Jefferson who said: “The germ of destruction of our nation is in the power of the judiciary, an irresponsible body — working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive as the government from which we separated.”
It is time the Elders and Leaders realised that living law stands above all other law; that the authority is vested in the people; and, that the bar legal system is ACTing under assumed and presumed authority; ask any court: “Please prove that you have authority and jurisdiction over the people and the land?” They can’t;
Education is the most powerful weapon for change; Read Anna Von Reitz; then establish an Indigenous Peoples Tribunal; challenge the federal system on your lands; make your declarations; be lawful and peaceful; in peace