Tag Archives: Indigenous Rights

Supreme Court affirms American Indigenous man’s right to hunt in Canada

Supreme Court affirms American Indigenous man’s right to hunt in Canada

OTTAWA – The Supreme Court of Canada says an American Indigenous man has a constitutionally protected right to hunt in British Columbia given his people’s historic ties to the region.

The decision today comes in the case of Richard Lee Desautel, a U.S. citizen who was charged with hunting without a licence after shooting an elk near Castlegar, B.C.

Desautel defended his actions on the basis he had an Aboriginal right to hunt protected by section 35(1) of Canada’s Constitution Act.

Desautel is a member of the Lakes Tribe of the Colville Confederated Tribes of Washington state, a successor of the Sinixt people, whose ancestral territory extended into B.C.

The trial judge found the sections of B.C.’s Wildlife Act under which Desautel was charged had infringed his constitutional right to hunt in the province.

The decision was upheld by the B.C. Supreme Court and the province’s Court of Appeal, prompting the Crown to take its case to the Supreme Court of Canada.

This report by The Canadian Press was first published April 23, 2021.

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Feds pressed to define ‘free, prior and informed consent’ in UNDRIP bill

Protesters block a rail line in Edmonton in solidarity with Wet’suwet’en hereditary chiefs, on Feb. 19, 2020. PHOTO BY DAVID BLOOM/POSTMEDIA NEWS

OTTAWA — Federal officials are facing calls for greater clarity on how a bill to harmonize Canada’s laws with the United Nations Declaration on the Rights of Indigenous Peoples could affect future development projects and government decisions.

Opposition MPs studying Bill C-15 are asking why the Liberals have not included a definition of a key article from the UN declaration that would compel Ottawa to obtain “free, prior and informed consent” from Indigenous Peoples on any decisions that affect their lands or rights.

Conservatives have raised concerns that this provision would give First Nations a “veto” over development projects, but Crown-Indigenous Relations Minister Carolyn Bennett says there is “complete consensus” from legal and Indigenous experts that this is not the case.

Pressed today on whether she would personally support a more definitive interpretation of “free, prior and informed consent” in the bill, Bennett says she would “worry” about this move.

Bennett says a consensus would be needed among Indigenous partners co-developing the bill with the government on how to define this consent provision — something that has not been reached to date.

She adds her government is listening to calls from a number of national Indigenous organizations looking for changes to strengthen the bill and ensure their existing land and treaty rights are not frozen or eroded by this new law.

This report by The Canadian Press was first published April 20, 2021.

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Indigenous-led protests, blockades grabbed Canada’s attention in 2020

Escalating confrontation in name of reconciliation

Emily Amos, a member of Indigenous Youth for Wet’suwet’en, sings during a protest held in solidarity with the Wet’suwet’en in British Columbia at Portage Avenue and Dominion Street in front of RCMP ‘D’ Division Headquarters in Winnipeg on Feb. 24. MIKE DEAL / WINNIPEG FREE PRESS

By: Dylan Robertson, Winnipeg Free Press

Harrison Powder recalls the look of hate in a truck driver’s eyes as the tractor-trailer lurched towards a group of Indigenous protesters south of Morris.

In February, protests in solidarity with Wet’suwet’en pipeline opposition in B.C. were strangling Canada’s key supply routes, with demonstrators across the country blockading railways and main roads.

On Highway 75, two protesters holding flags stood in the middle of the road. An approaching semi-truck slowed down, but then swerved around the pair, gaining speed as it briefly pointed towards a group of elders and children.

“(The driver) was mad; he was swearing at us. There was this underlying tone of racism,” said Powder.

He jumped out from the group, standing squarely in front of the truck’s right tire. He jumped back in the nick of time.

“If I had slipped on ice, he would have ran right over me.”

This past winter, long-simmering grievances about broken treaty promises had boiled over. Protesters occupied Winnipeg MP Dan Vandal’s constituency office for 11 days, while railway blockades from Headingley to Halifax united under the hashtag #ShutDownCanada.

The disruption caused Quebec hospitals to start rationing propane and put the minority Liberal government on the back foot, with Prime Minister Justin Trudeau cancelling at the last minute a meticulously planned diplomatic trip to the Caribbean.

The pressure mounted right up until COVID-19 suddenly dominated the public’s attention in March.

The protests continued during the pandemic.

At the site of the Keeyask generating station megaproject, four Cree bands are nominally partners with Manitoba Hydro. They felt compelled to blockade the site’s access roads in May, as they felt the Crown corporation’s pandemic protocols did not address safety concerns.

This fall, Mi’kmaq fishers asserting their right to harvest lobster faced angry mobs and suspected arson in Nova Scotia.

“We’re not out there because we want to; we’re forced to be out there,” said Powder. “It’s the only time people pay attention.”

Indigenous rights protests aren’t new; many Canadians recall tense moments and tragedies during the Ipperwash and Oka crises.

Yet, the blockades and protests seem to be taking on an increased appeal. Indigenous people are younger than the general population, and they’re demanding Canada stop contributing to climate change, which threatens their traditions and connection with the land.

“We’re really understanding the true loss that we will have if we don’t fight,” said Victoria Redsun, a Winnipeg activist who was arrested in February at the epicentre of the Wet’suwet’en protest in northern British Columbia.

That dispute surrounds a court injunction to allow construction of a natural-gas pipeline. Bands elected under the colonial Indian Act supported the project, but it was opposed by clans with a hereditary leadership system that dates to before colonization.

Mike Sudoma / Winnipeg Free Press Files A group of protesters supporting the Wet’suwet’en perform a sit in along with other allies at Minister of Foreign Affairs, Dan Vandal’s office on Feb. 4. Mike Sudoma / Winnipeg Free Press Files.

It thrust questions about who speaks for Indigenous people out of stuffy legal precedents and onto the streets of Canadian cities.

“It’s going to continue escalating,” Redsun said in a call this month from Wet’suwet’en territory. Those braving the harsh winter want sustainability to trump resource extraction and profits for industry.

“What we’re asking for means their complete disruption, and the complete dismantling of the systems that be.”

Redsun, 21, grew up at in Manitoba’s far North at Northlands Denesuline First Nation. She visited the community this summer, and felt troubled to hear of lakes freezing late, and unpredictable caribou harvests.

“Even though I’m so far out from any civilization, I’m still going to be affected by capitalism and colonialism, which are creating global warming,” she said.

Redsun is buoyed by images of large protests that show Canadians of all origins rallying for societal change. Many of those came out for the 2019 climate marches appeared at Indigenous rights rallies last winter, and protests for racial justice this summer.

“I think for the first time in history we’re going to see real change.”

For that to happen, Powder says governments need to uphold the treaties that pledged equity and co-operation.

“These were words of promise, from your nation to our nation. And we want those promises kept,” he said. “If those things were done, Indigenous resistance movements wouldn’t be necessary.”

Yet, Canadian governments are on a collision course on how best to avoid disruptive protests.

Last month, the Manitoba government led by Premier Brian Pallister reissued a spring notice that it intends to pass a bill to ban blocking critical infrastructure, such as railways and dams.

Meanwhile, the Trudeau government is proceeding with another attempt to get the United Nations Declaration on the Rights of Indigenous Peoples enshrined in Canadian law, which will require Indigenous consent for major projects and pipelines.

Vandal, the federal minister of northern affairs, had his St. Boniface constituency office occupied in February, which he says feels like a lifetime ago.

He feels the Liberals have made real progress by including Indigenous leaders in legislation meant to restore their autonomy, and putting up millions to start bridging decades-old gaps.

“There’s so much work to do because past governments, including some Liberal governments, have not invested what they should have, in partnership with Indigenous nations. So the gap is so large that it’s going to take decades to catch up,” Vandal said.

“Reconciliation is a process; there’s going to be no end point.”

That progress isn’t moving fast enough for Powder, but he says it’s a better approach than ignoring Indigenous people’s concerns and then arresting them for blocking a road.

“We’re not here to invade your territories or take anything from you; we’re on the receiving end of that,” he said.

“We’re pretty forgiving. We all want reconciliation in some form. But the only way to get there is to understand that we have rights, as the first peoples of this land.”

Winnipeg Free Press, Posted: 12/31/2020.

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Wet’suwet’en elected chiefs demand inclusion in negotiations with government

People take part in a protest in solidarity with the Wet’suwet’en hereditary chiefs opposed to the LNG pipeline in northern B.C. near Confederation Bridge in Borden, Prince Edward Island on Feb. 17, 2020. With the hereditary chiefs now on a fast track to settle Indigenous rights and title, elected leaders who have approved the pipeline project say they cannot be ignored. JOHN MORRIS/THE CANADIAN PRESS

Elected band council chiefs of Wet’suwet’en Nation are demanding a voice on the tentative agreement reached this past weekend between hereditary chiefs and the governments of Canada and British Columbia, saying negotiations so far have taken place without their involvement.

The division between elected and hereditary chiefs of the Wet’suwet’en has been exposed by the construction of the Coastal GasLink pipeline through their traditional lands. Now, as the hereditary chiefs are on a fast track to settle Indigenous rights and title, elected leaders who have approved the pipeline project say they cannot be ignored.

“Negotiation of this agreement to date has moved forward without our Wet’suwet’en communities,” the elected chiefs representing the Nee Tahi Buhn Indian Band, Skin Tyee Nation, Ts’il Kaz Koh (Burns Lake) First Nation, Wet’suwet’en First Nation and the Witset First Nation stated in a joint news release.

“We need to be engaged in our feast hall, in our respective communities to ensure all of our clan members are heard and acknowledged.”

Chief Patricia Prince, of the Nee Tahi Buhn Indian Band, said Tuesday the hereditary chiefs, through the Office of the Wet’suwet’en, a non-profit society, have invited her community to travel to Smithers, B.C., to discuss the terms of the proposed agreement, which have not been publicly disclosed.

“I’m not sure I can load up all our members and take them there,” she said in an interview. “We need collaboration. I would like to see them come to our communities and address our members.”

Sparked by a countrywide conflict over the pipeline, representatives of the hereditary chiefs and the Indigenous relations ministers for Canada and British Columbia met for three days in Smithers last week.

The pipeline dispute remains unresolved, with hereditary chiefs remaining opposed to the project. But the negotiations resulted in a proposal to expedite negotiations to implement Wet’suwet’en rights and title, pending ratification by Wet’suwet’en clan members.

The Wet’suwet’en say their unceded traditional territory covers 22,000 square kilometres in British Columbia. About 190 kilometres of the 670-kilometre pipeline route cross Wet’suwet’en territory.

There have been solidarity protests across the country since early February, when the RCMP arrested 28 people along a B.C. logging road while enforcing a court order sought by Coastal GasLink to gain access to pipeline work sites.

B.C. Minister of Indigenous Relations and Reconciliation Scott Fraser said Tuesday he has been in touch with both the elected and hereditary chiefs about the ratification process that is expected to conclude by March 13.

He said in an interview he expects the ratification will include both elected and hereditary leaders – and the Wet’suwet’en people.

“It’s an opportunity to address rights and title issues, and governance issues, in a meaningful way,” he said. “I’m urging all to make sure that it’s an inclusive process that will withstand scrutiny.”

However, Mr. Fraser is unclear of the details of how the ratification will be conducted. He referred to a vote, but the traditional governance of the Wet’suwet’en is through feasts, where hereditary leaders are held accountable to their people.

The Wet’suwet’en Nation comprises five clans, under which there are 13 house groups, each with a hereditary head chief position (four are currently vacant). One house chief has taken a neutral position on the pipeline project.

There are eight hereditary house chiefs spanning the five clans who are opposed to Coastal GasLink. So far, three of the clans scheduled meetings this week.

Organizers have been seeking to set up access for off-reserve members to listen in on the meetings.

The Wet’suwet’en have been fighting for recognition of their rights and title for decades and a resolution is not expected quickly. But the consultation process now taking place is expected to lead to some clarity about the opposition to the pipeline within the community.

Elected band councils along the pipeline route have signed benefit agreements to work with the company.

The elected chief of the Wet’suwet’en First Nation, Maureen Luggi, said engagement by the hereditary chiefs has been “extremely minimal,” but she said the hereditary chiefs have agreed to come to her community on March 11 to outline the proposed deal.

Chief Luggi said this is the time for the elected and hereditary leaders to come together. “We want to work with them and be on the same page,” she said in an interview. “People in the public say the Wet’suwet’en need to resolve our matters, and I agree with that.”

While some protests continue, CN announced Tuesday it has started calling back most of the rail company’s temporarily laid off employees based in Eastern Canada.

More than 1,400 trains, including passenger trains, were delayed or cancelled because of the blockades, but there have been no significant illegal actions since the weekend.

Transport Minister Marc Garneau said it was a “positive development” for railways, CN workers and communities affected by recent rail disruptions. “I’m pleased to see our railway network on its way to recovery,” Mr. Garneau said on Twitter.

This article first appeared in The Globe and Mail.

[SOURCE]

Burnt body of British environmental activist found at youth hostel in Peru

Police cordoned off the murder scene at the youth hostel Paul McAuley ran in Iquitos

A British Catholic missionary and environmental activist Paul McAuley, was found dead in a hostel for indigenous students in Peru.

The body of McAuley, 71, was discovered last week by students in the city of Iquitos on the Amazon river.

The religious order to which he belonged said in a statement that the body had been burned.

According to The Guardian, a forensic expert in Peru has confirmed that McAuley was dead before his body was burned.

The head forensic doctor in Peru’s Loreto region, Francisco Moreno, said it was difficult to determine the cause of death and more pathological and toxicological tests were being conducted but it could take between three to six months to know the results.

Authorities questioned six indigenous youth who lived in the hostel he managed in a poor area of the isolated city.

The death of McAuley is still under investigation.

Born in Portsmouth, the activist lived in Peru for more than 20 years.

He had worked on behalf of the country’s indigenous communities to battle powerful oil and mining interests.

Paul McAuley, 71, originally from Portsmouth, was found burned to death in Peru

McAuley attracted international attention in 2010 when the Peruvian government ordered his expulsion. He was accused of causing unrest among the indigenous population for protesting against the destruction of the environment. This resulted in hundreds of people demonstrating for him and allowing him to stay in the South American country after a long trial.

Environmental groups were quick to pay tribute to McAuley after his death.

The Environmental Investigation Agency, a non-profit group, said he “fought peacefully for indigenous rights and forests in Peru.”

It added: “His death should be investigated. Rest in peace, Brother Paul, we will continue the fight.”

The group’s Peru programs director Julia Urrunaga tweeted: “What tough news. A great man who did a lot for indigenous communities, their rights and the forests.”