Alberta’s Bill 1 Is ‘Racially Targeted’: First Nations Leaders

Alberta Premier Jason Kenney, left, sits with Grand Chief Wilton Littlechild, centre, Grand Chief Arthur Noskey, right, during a meeting in Edmonton with First Nations leaders about increasing Indigenous participation in the economy on June 10, 2019.

The Critical Infrastructure Defence Act bans protests at pipelines, oilsands sites, and railways

First Nations leaders are outraged the Alberta government is rushing to pass Bill 1, which would outlaw protests and other disruptions to “critical infrastructure.”

Arthur Noskey, Grand Chief of the Treaty 8 First Nations of Alberta, said the Critical Infrastructure Defence Act violates Indigenous and treaty rights, calling it a “racialized bill,” and one that will aggravate tensions between police and Indigenous people.

“We knew this bill was enacted because of Wet’suwet’en protests,” said Noskey, referring to the First Nations-led demonstrations that lasted several weeks this year across Canada. The protests drew thousands of supporters, with some blocking highways and railway infrastructure in opposition to Coastal GasLink’s LNG pipeline slated to run through traditional Wet’suwet’en territory in B.C.

“The intent of this bill is racially targeted towards First Nation treaty partners in this country. With all of the racial tension happening today, the [United Conservative Party] government should realize this bill is not going to work,” said Noskey. “Under treaty, we have collective, inherent rights. When people come together to protest, it’s because of their collective rights.”

Hundreds of protesters occupy the Macmillan Yard in Vaughan, Ont. on Feb. 15, 2020 in solidarity with traditional Wet’suwet’en leaders opposed to an LNG pipeline through their territory.

The bill bans demonstrations at “critical infrastructure” areas, described as pipelines, oilsands sites, mining sites as well as utilities, streets, highways, railways, and telecom towers and equipment. Violators who protest, trespass, interfere with operations, or cause damage around that kind of infrastructure will face fines as high as $10,000 or six months in jail or both. Further offences will garner fines of up to $25,000 and jail time.

Bill 1 passed its third reading on May 28 and now awaits royal assent from the lieutenant-governor that would make it a law.

This is a desperate move by Premier Jason Kenney to save a “completely failing economy and energy system,” said Eriel Deranger, a member of the Athabasca Chipewyan First Nation in northern Alberta and executive director of Indigenous Climate Action.

“Bill 1 seems like it’s out of the same playbook as [U.S. President Donald] Trump. It’s fascist, anti-democratic, anti-civil rights and completely annihilates the rights of Indigenous communities,” she said.

“I think people will protest this bill given where we are in the world with the Black Lives Matter movement, and this bill has impacts across the nation. I hope the federal government intervenes and sees the true colours of this unconstitutional move by Alberta.”

Federal government says it remains committed to UNDRIP

The office of the Minister of Justice and Attorney General said in a statement to HuffPost Canada that it wouldn’t be “appropriate to speak to provincial legislation.”

“We remain fully committed to introducing legislation to implement the United Nations Declaration on the Rights of Indigenous People (UNDRIP) by the end of 2020,” it said.

One of UNDRIP’s authors, Cree lawyer, Indigenous rights expert, and former Alberta MP Wilton Littlechild said the declaration plays a crucial role in protecting and upholding Indigenous rights when it comes to Bill 1.

He says the bill is wide in scope and wonders if the Critical Infrastructure Act also applies on reserve and in traditional Indigenous territories.

“Utility lines, roads, railways, pipelines all go through reserves and nothing mentions this in the bill,” said Littlechild. “There’s no mention of us at all. It’s a complicated matter and we weren’t at the table for free, prior and informed consent on these serious issues.”

Jonah Mozeson, senior press secretary to the Alberta Justice Minister and Solicitor General, saidthe province ”will work collaboratively to ensure that input from Indigenous and Metis Albertans are heard and are scheduling additional outreach to receive additional feedback and discuss the concerns being raised.”

Alberta Regional Chief Marlene Poitras, left, stands with activist Greta Thunberg, centre, at a climate rally in Montreal in 2019.

But Assembly of First Nations Regional Chief of Alberta, Marlene Poitras, who has participated in countless demonstrationsf or Indigenous rights in Canada and around the world, said the discriminatory elements in government law-making has to stop.

“We have a human right to voice our concerns. In our case, we have a treaty right and that’s not being respected,” explained Poitras, who marched alongside Greta Thunberg in Montreal last fall to bring awareness to climate change.

“Our people are concerned about the environment. Alberta is deregulating everything and doing whatever it can to open it up for oil and gas development without consulting our people — but our people will respond.”

There’s no chance of reconciliation with the UCP government with this.Arthur Noskey, Grand Chief of the Treaty 8 First Nations of Alberta.

Noskey said he thinks Bill 1 further strains the relationship between police and Indigenous Peoples, mirroring an international narrative that’s dominating headlines. Protests have swelled in the U.S. and around the world against anti-Black racism and police brutality.

“Now, Alberta will be asking the peacekeeping police officers to arrest us. This is anti-racial law. So the racially motivated police in the force will say ‘I can do this’ (arrest and brutalize).”

Last week, his friend and colleague Chief Allan Adam of the Athabasca Chipewyan First Nation told a news conference that he was beaten and his wife “manhandled” during an arrest by RCMP in Fort McMurray. Alberta’s independent police watchdog is investigating the allegations.

Prime Minister Trudeau said he was “deeply alarmed” by the incident and vowed to “do more” to address systemic racism in policing.

As for reconciliation in Alberta, Noskey believes the move by Kenney to implement Bill 1 abolishes reconciliation.

“You’re going to criminalize the First Peoples of this land who agreed to share the lands with foreigners that came in. This impacts our way of life. There’s no chance of reconciliation with the UCP government with this.”

By Brandi Morin, On Assignment For HuffPost Canada

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Controversial bill targeting rail blockade protesters soon to be Alberta law

Around 20 demonstrators set up a blockade on a CN Rail line west of Edmonton. (Craig Ryan/CBC)

Violators could face fines up to $25,000 and six months in jail

To some, it’s a bill that will enforce the rule of law, protect public safety and stop protesters from harming the economy.

To others, the Alberta government’s Bill 1 is an affront to democratic rights, an authoritarian overreach and a threat to Indigenous Peoples’ way of life.

The controversial Critical Infrastructure Defence Act, Premier Jason Kenney’s signature legislation to start the current session, passed third reading in the legislature on Thursday.

Government house leader Jason Nixon hopes it will receive the lieutenant-governor’s royal assent Friday, immediately making it law.

Introduced in February, the bill allows hefty penalties against any person or company found to have blocked, damaged or entered without reason any “essential infrastructure.”

The list of possible sites is lengthy and includes pipelines, rail lines, highways, oil sites, telecommunications equipment, radio towers, electrical lines, dams, farms and more, on public or private land.

Violators can be fined up to $25,000, sentenced to six months in jail, or both. Corporations that break the law can be fined up to $200,000. Each day they block or damage a site is considered a new offence.

Kenney introduced the legislation against the backdrop of protests across Canada, in which groups blockaded rail lines, commuter train routes and roadways in solidarity with Wet’suwet’en hereditary chiefs opposed to the construction of the Coastal Gas Link pipeline through their territory in northern B.C.

“When we brought this in, it was at a time of turmoil in Canada,” Justice Minister Doug Schweitzer said in the legislature Thursday. “We had lawlessness across this country, where critical infrastructure was being obstructed. That is simply unacceptable. Here in the province of Alberta we expect the rule of law to be upheld.”

A CN Rail line in west Edmonton was the site of one such blockade in February.

The blockades snarled the movement of goods and passengers across the country, prompting layoffs and concerns about the food supply.

MLAs call protesters ‘spoiled kids’

After a nearly three-month delay caused by the COVID-19 pandemic, the bill returned to the legislature this week for debate.

United Conservative Party MLAs called the protesters “ecoterrorists” and “spoiled kids,” saying some participants joined blockades because they thought it was a cool thing to do with their friends and post about on social media.

Those characterizations make Alison McIntosh cringe. The Climate Justice Edmonton organizer said freezing on a winter’s day while being harassed by counter-protesters isn’t “fun.”

She said the politicians’ comments are demeaning and dismissive of protesters’ legitimate concerns about the environment and economic diversification.

“It shows a lot of disregard for people who are their constituents — the people they purport to be looking out for,” said McIntosh, 28. “And it really highlights that we’re not the ones they’re considering when they pass legislation like Bill 1.”

Although it’s hard to tell until pandemic public health restrictions ease, Bill 1 could substantially change grassroots protests in Alberta, McIntosh said.

The organization can’t afford to pay such penalties if protesters are convicted, she said.

“It’s really troubling, but we’re creative. We know that there’s ways we can get our message across,” she said.

David Khan, leader of the Alberta Liberal party and a constitutional and Indigenous rights lawyer, said Thursday the new law could interfere with Indigenous Peoples’ rights to hunt, fish or gather on traditional land.

He calls the law draconian, legally dubious and a piece of political theatre designed to trivialize the tensions between oil and gas development, Indigenous rights and the environment.

In addition to potentially running afoul of citizens’ rights to free expression and association, Khan thinks the law could jeopardize Alberta’s international reputation as an ethical and democratic source of oil.

When asked for comment on Thursday, the Assembly of First Nations pointed to a statement issued in February by Alberta Regional Chief Marlene Poitras urging the premier to withdraw the bill.

“Allowing the bill to pass will serve to erode individual rights, unfairly target Indigenous Peoples, and has no place in a democratic society,” she said at the time.

Gil McGowan, president of the Alberta Federation of Labour, said the broadness of the law could allow the government to potentially shut down political demonstrations at the legislature or interfere with a strike picket line.

He said the federation will launch a constitutional challenge.

“The UCP is trying to frame Bill 1 as a patriotic defence of our oil and gas industry,” he said Thursday. “But if you’re patriotic, this is actually the last piece of legislation you should be supporting because it is fundamentally undemocratic.”

NDP justice critic Kathleen Ganley attempted to introduce amendments to Bill 1 this week, which were voted down by the United Conservative Party.

Government says it supports legal protest

The Opposition NDP also raised concerns the bill is too far reaching.

The party’s legal analysis found the language is so broad, it could be interpreted to mean that just being on public land or walking down a highway or next to a rail line could be illegal, justice critic Kathleen Ganley said in the legislature Thursday.

Such strict application of the law could be especially problematic given the large fines allowed, she said.

Central Peace-Notley UCP MLA Todd Loewen said in the legislature her concerns were “ridiculous.”

The high fines are designed to help perpetrators understand the drastic economic consequences of interfering with industries, he said.

Nixon said stopping protests or demonstrations is not their goal.

“You have a right to protest and express yourself in democracy and this government will always fight to make sure that happens,” he said.

“You do not have a right while you’re protesting to stopping trains from moving and products from getting to market, causing companies to go bankrupt, or to have to suspend or fire or layoff employees because your products can’t get to market.”

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Imperial Oil reports deaths of birds that landed on Alberta tailings ponds

In 2019 and in 2010, Syncrude was fined millions of dollars for the death of birds landing on its tailings pond.

Fort McMurray, Alta. — Imperial Oil Ltd. is reporting the deaths of 50 birds that landed on tailings areas near its Kearl oilsands project in northern Alberta.

Imperial says more than 100 birds per day, mainly grebes and shorebirds, have landed on the ponds over several days, mostly on open water.

Jon Harding, an Imperial spokesman, says some of the oily birds have been taken to a rehabilitation centre in Edmonton where they will be cleaned and assessed.

Imperial says the birds landed despite active deterrent systems including radar detection, noise cannons, eye-safe lasers, scarecrows, and long-range noise making devices.

It says the system is maintained and operated by a well-trained, experienced and dedicated team that works throughout the annual bird migration and breeding season.

Imperial says it believes exhausted birds landed at the Kearl site in spite of the deterrents because most of the natural water bodies in the area are still frozen.

“We very much regret this situation and are making every effort to protect the birds and learn from these increased landings,” Harding said in an email Tuesday.

“Our personnel, with expert third-party support, continue to actively monitor the situation and are taking all prudent steps to safely encourage the birds to avoid and move off landing areas.”

Harding said Imperial has notified industry regulators about what happened.

In January 2019, Syncrude was fined more than $2.7 million after pleading guilty to environmental charges in the deaths of 31 great blue herons at one of its oilsands mines north of Fort McMurray in 2015.

An agreed statement of facts said that Syncrude admitted that an abandoned sump pond in which the birds were found didn’t have deterrents to keep waterfowl from landing on it, even though the pond met criteria for being high risk.

Fencing and bird deterrents were then installed and the ponds were brought under Syncrude’s plan to keep wildlife away from toxic materials at its mine.

In 2010, Syncrude was fined $3 million after more than 1,600 ducks died when they landed on a tailings pond in 2008.

Syncrude was found guilty of federal and provincial environmental charges over the duck deaths.

By; The Canadian Press, May 6, 2020

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‘This is oil country’: Newly painted Greta Thunberg mural gets defaced, covered in slurs

An Edmonton man defaced a newly painted mural of Swedish climate activist Greta Thunberg on Sunday morning. ( Andreane Williams/CBC)

The artist says nothing lasts forever

A newly painted portrait of Swedish climate activist Greta Thunberg was quickly defaced — first with a pro-oil message, and later with a slur against the teen.

The mural was painted on a section of a downtown “free wall” along a bike path that runs parallel to 109 Street near the Alberta Legislature. Local artist AJA Louden has confirmed he painted Thunberg Friday.

A CBC journalist was shooting footage of the mural on Sunday morning when James Bagnell walked up with spray paint and began painting “Stop the Lies. This is Oil Country!!!” over the teen’s face.

“This is Alberta. This is oil country. My father has worked in the oil industry. We don’t need foreigners coming in and telling us how to run our business, support our families, put food on our tables,” he said.

Bagnell said as soon as he saw photos of the mural on social media, he decided to go down and “deal with it.” He said his father, who recently died, would have been “disgusted” to see the portrait of Thunberg.

He said Canada shouldn’t change its energy industry because other countries are worse offenders.

James Bagnell paints a pro-oil message over a downtown Edmonton portrait of teenage climate activist Greta Thunberg. (Gabrielle Brown/CBC)

“I think it’s absolutely intolerant of them to tell us how to change our lives and our people. She should go back to her country and try to make her country better.”

He said Thunberg is a child who is “doing what she’s told,” and doesn’t know better. He said he’s not against becoming more eco-friendly, but said Thunberg offers no solutions.

“Just shut up until you have solutions,” he said.

Later, when CBC returned to shoot more footage, a different man was further defacing the mural — this time calling the teen a derogatory term, and telling her to get out of the country. The man declined to be interviewed.

A newly painted mural of Swedish climate activist Greta Thunberg was further defaced on Sunday morning. CBC has blurred a derogatory term that later appeared on the mural. (Andreane Williams/CBC)

‘Not a big deal at all’

Reached by email Sunday after the initial pro-oil message was painted, Louden said it’s normal for artists to paint over each other’s work as it’s a free wall.

“Nothing lasts forever — one of my favourite things about that wall is that anyone is allowed to express themselves there, so I’m not upset at all. I haven’t seen what went over it, but if anyone is upset about what was painted over the portrait, they can just paint back over it, it’s not a big deal at all,” Louden wrote.

Mary Bjorgum, a passerby who watched the artwork go up on the wall, was also not surprised, but disappointed, she said.

“Incredibly disappointed because it was a beautiful piece of artwork, time and effort went into making it,” Bjorgum said. “I appreciate that they want to express there but to actually deface it is quite another thing.”

Thunberg was in Edmonton Friday to attend a climate march and rally at the Alberta Legislature that was attended by thousands of people. Her visit attracted a smaller, counter protest presence.

Thunberg then travelled to Fort McMurray, where she met with leaders of the Mikisew Cree First Nation and the Athabasca Chipewyan First Nation, as well as to participate in a BBC documentary about the region.

CBC News · Posted: Oct 20, 2019

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Native Activist and Warrior Society Leader, Milton Born With A Tooth, Dies at 61

Milton Born With A Tooth, Peigan Lonefighter’s Society

Milton Born With A Tooth, a respected Native activist and leader of the Ni’taiitsskaiks (Lonefighter Society) has passed away at the age of  61.

Born With A Tooth, of the Peigan Nation in Alberta, died peacefully on Saturday, while surrounded by family at Chinook Care hospice in Calgary, after a brief battle with Stage 4 bowel cancer.

According to APTN News, his niece, Nicole Eshkakogan said a celebration of his life will be held during his birthday June 9 -11 at the community hall in Brocket, AB.

Born With A Tooth gained widespread notoriety in 1990 when the Alberta government sought to dam the Oldman River, which would have flooded Peigan burial grounds on the northern Great Plains.

Born With A Tooth led the Blackfoot Warrior Society in opposing the Oldman River Dam.

When the RCMP moved in to enforce a court injunction forbidding the attempt by the Peigan Lonefighters Society to divert the Oldman River, with a bulldozer, Born With A Tooth fired two warning shots into the air forcing police to retreat.

Following the 33-hour standoff with 80 RCMP officers, Born With A Tooth was arrested in Calgary and charged with weapons offenses. He was sentenced to 16 months in jail for the incident.

His use of a firearm helped stimulate a very active debate, especially among First Nations activists, about whether or not armed resistance was justifiable in any circumstances.

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Native Activist and Warrior Society Leader, Milton Born With A Tooth, Dies at 61 via Northern Plains Freelancer