Manitoba introduces bill proposing tougher fines for protesters

FILE: Members of the Urban Warrior Alliance set up a blockade along a CN and Via rail line west of Winnipeg.

WINNIPEG — The Manitoba government has introduced a bill that proposes tougher fines and possible imprisonment for people interfering with critical infrastructure.

Justice Minister Cameron Friesen said the Progressive Conservative government was looking for a balance between the rights of people to protest and the needs to maintain infrastructure.

“The intent there would be to allow for people to gather, allow for their voices to be heard but to keep them and everyone safe while ensuring the unfettered operation, construction or use of that infrastructure,” Friesen said Monday.

The bill allows for the owner or operator of the infrastructure to be able to apply for a court order to create a temporary protection zone.

Included would be oil or natural gas pipelines and provincial highways. It also includes courthouses, hospitals and animal processing facilities.

If a person were to go into the area, he or she could be fined $5,000 or jailed for up to 30 days. A corporation could be fined up to $25,000.

Each day a person doesn’t follow the court order, the fine can be imposed again.

A court would be able to designate an area where people could protest.

“There would be no desire to see the voices of Manitobans diminished in any way,” Friesen said.

A controversial bill targeting protestors became law in Alberta last year following cross-Canada demonstrations in support of Wet’suwet’en hereditary chiefs in B.C. who were opposed to pipeline construction in their territory.

That legislation forbids anyone from willfully damaging or interfering with essential infrastructure and also brings in fines and jail time.

It is facing a constitutional challenge from an Alberta labour union.

Friesen said Manitoba’s proposed legislation is different. The minister said the Tory bill doesn’t just target those protesting the oil industry and is clearer about what constitutes critical infrastructure.

Nahanni Fontaine, justice critic for Manitoba’s Opposition New Democrats, said the large fines can be devastating for people who are standing up for their rights. She accused the Tories of using the bill to silence anyone who doesn’t agree with them.

“It’s important for Manitobans and Canadians to have that opportunity to express their displeasure at whatever the issue may be,” she said.

By: The Canadian Press, published March 15, 2021.

[SOURCE]

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

[SOURCE]

Indigenous youth arrested for refusing to leave B.C. legislature

Victoria police say five Indigenous youth were arrested Wednesday night for refusing to leave the B.C. legislature: (CTV News)

VICTORIA — An intense scene played out on the lawns of the B.C. legislature late Wednesday night as police removed five Indigenous demonstrators from inside the government building.

Victoria Police confirm five Indigenous youth demonstrators were arrested for mischief after they refused to leave a planned meeting with Indigenous relations minister Scott Fraser.

The Indigenous youth, who have been occupying B.C.’s legislature for weeks, were invited in for a meeting with Fraser when they allegedly demanded he condemn the Costal GasLink pipeline project that crosses through the Wet’suwet’en First Nation territory in northern B.C.

When demands were not met, the demonstrators refused to leave.

“Our lives are more valuable than an economic bottom line which is why we are occupying this office currently,” said Indigenous youth leader Ta’kaiya Blaney on a live stream she posted to social media Wednesday night.

“We had a good conversation, but we know these meetings cannot set the tone for a history, and ongoing history, of colonization in this country.”

Victoria police say five Indigenous youth were arrested Wednesday night for refusing to leave the B.C. legislature: (CTV News)

Victoria Police say they arrested five demonstrators at around 9 P.M. Wednesday. Police say that because Wet’suwet’en supporters crowded outside of the legislature, it took hours to get everyone out of the building.

“The protesters actively obstructed officers,” said Bowen Osoko, VicPD communications office.

“With the large crowd, it took several hours for our officers to be able safely transport the protesters to VicPD Headquarters,” he said. “Officers who were responding to the scene were surrounded by over 100 protesters and were unable to respond to emergency calls for service.”

Five Indigenous youth were arrested by Victoria police for refusing to leave the B.C. legislature: (CTV News)

The activists were transported to cells and released on conditions not to return to the legislature grounds.

A mischief investigation continues. According to police, no one was injured.

By Scott Cunningham, CTV News, published on March 5, 2020

[SOURCE]

Delegation seeks settlement of Dakota Access protest costs

BISMARCK, N.D. (AP) — North Dakota’s congressional delegation is calling on President Donald Trump’s administration to address the state’s year-old request for $38 million to cover the cost of policing protests against the Dakota Access oil pipeline.

U.S. Sens. John Hoeven and Kevin Cramer and U.S. Rep. Kelly Armstrong sent a letter Thursday urging Attorney General William Barr and Acting Defense Secretary Patrick Shanahan to settle the state’s claim, the Bismarck Tribune reported.

North Dakota’s attorney general filed an administrative claim against the Army Corps of Engineers last year, accusing the agency of letting protesters illegally camp on federal land in North Dakota in 2016 and 2017. It also argued the Corps didn’t maintain law and order when thousands gathered to protest the $3.8 billion pipeline built by Texas-based Energy Transfer Partners.

The pipeline was designed to move North Dakota oil through South Dakota and Iowa to a shipping point in Illinois.

The Corps inaction “required North Dakota to provide a sustained, large-scale public safety response to prevent deaths, and protect property and public safety, including that of the protesters,” Attorney General Wayne Stenehjem wrote in the funding request at the time.

The state delegation is now asking Barr and Shanahan to recognize the state’s public safety response during the prolonged and sometimes violent protests.

Justice Department spokesman Wyn Hornbuckle declined to comment on the delegation’s letter. The Defense Department also didn’t immediately provide comment.

The delegates’ request came on the same day that a federal appeals court ordered the dismissal of a lawsuit filed by environmental and Native American groups who sought to block construction of the Keystone XL oil pipeline. Opponents of the $8 billion pipeline from Canada to the U.S. have threatened similar protests to those against the Dakota Access pipeline.

By Associated Press, June 12, 2019

[SOURCE]

Indigenous leaders warn of protests, halting developments over shale gas exemption

Assembly of First Nations Regional Chief Roger Augustine says ‘the blueprint’ for government to consult Indigenous groups is there. (Radio-Canada)

‘It is our job to ensure the protection of lands and waters for our future generations’: Chief Ross Perley

Top Indigenous leaders are warning that the Higgs government has made “a serious mistake” on shale gas that may reignite protests like those seen in the Rexton area in 2013.

They say the province’s duty to consult Indigenous people is clearly defined, and the government should have known how to proceed as it tries to restart the industry in one part of the province.

“It’s not as if this is all new,” said Roger Augustine, the regional chief for the Assembly of First Nations in New Brunswick and Prince Edward Island. “The blueprint is there.”

“There’s a lot of case law,” said Chief George Ginnish of Natoaganeg First Nation. “There are actual court cases. … If he needs clarity, we’ll certainly provide clarity if that’s what he needs.”

‘Reckless voice’

Augustine said the Progressive Conservative government’s decision to lift the moratorium on fracking in the Sussex area risks alarming members of First Nations communities.

“When a reckless voice speaks out, be it the premier or the prime minister, they should realize what could happen, what it causes in communities,” he said. “Once we’ve got outrage out there, and we’ve got roadblocks, we’ve got cars burned.”

He was referring to anti-shale gas protests near Elsipogtog First Nation in 2013 that saw violent confrontations between protestors and police.

Chief George Ginnish of Natoaganeg First Nation says there’s case law that clarifies government’s duty to consult. (Hadeel Ibrahim, CBC)

Ginnish warned that Mi’kmaq chiefs may pursue “whatever remedies might be available to us otherwise, legally” following the snub.

“In a partnership approach, you talk to your partners before you make a decision, not after,” said Ginnish, who co-chairs Mi’gmawe’l Tplu’taqnn Inc., made up of the nine Mi’kmaq bands in the province.

“You would think going forward a new government would want to build a good relationship and perhaps learn from the mistakes of the past.”

Higgs given instructions

This week Premier Blaine Higgs revealed that his cabinet had approved an order to end the moratorium in one part of the province. It would allow Corridor Resources to resume fracking its wells near Penobsquis, in the Sussex area.

Higgs said he met with Augustine last week to discuss the issue. Augustine told CBC News on Friday that he’s unhappy that Higgs told reporters, even after their meeting, that the duty to consult is “vague” and “undefined.”

He said he left notes with the premier after the meeting explaining how the duty to consult — laid out in several Supreme Court of Canada decisions on resource development projects — should work.

And he said that begins with Higgs saying publicly in the legislature that he honours and respects Aboriginal and treaty rights as laid out in the 1982 Constitution.

Aboriginal Affairs Minister Jake Stewart sounded a conciliatory note at the legislature Friday, acknowledging that “there’s lots of questions today on whether or not we did it wrong.”

Reset?

Stewart has said repeatedly this week that he recognizes Aboriginal treaties and Aboriginal rights, and he committed again Friday to meeting with chiefs and inviting them to lay out how they want consultations to unfold.

Jake Stewart, minister of Aboriginal affairs, appeared conciliatory at the New Brunswick legislature on Friday. (CBC)

“As tricky as that issue it, that’s a good starting point to at least get the consultation process right,” he said. “Maybe this is the reset we need to sit down and say, ‘How can we define this? How would you like this to go?'”

Augustine said it’s not too late for a reset. He said he has offer to assemble Indigenous representatives to talk to provincial officials about the process.

But he wouldn’t say whether communities would ever consent to shale gas development. “That’s down the road,” he said.

The government said there’s a potential investment of $70 million if Corridor can restart its fracking near Penobsquis, but no new development is likely before 2021.

The government says there’s a potential investment of $70 million if Corridor Resources can restart its fracking near Penobsquis. (CBC)

The Opposition Liberals, who brought in the provincial moratorium when they were in power, say the PC government has gone against the definition of the duty to consult from a 2010 Supreme Court decision.

That ruling said that the duty arises “when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it.”

‘Happened over and over’

Augustine, who has been dealing with governments on resource issues for four decades, said he warned SWN Resources before they began seismic testing in 2013 that they needed to follow a consultation process.

“Every protest that I’ve seen across the country has already been the industry thinking they can just plow their way through the territory and pay no attention to the rights of the people, pay no attention to the history and culture of our people,” he said.

“That was a big mistake and that’s what happened over and over again.”

Anti-shale gas protesters blocked Highway 11 near Rexton in December of 2013. (Twitter)

Stewart maintained Friday that until cabinet approved the order to exempt the Sussex area from the moratorium, there was not much to consult on.

But he said he and Energy and Resource Development Minister Mike Holland were set to meet four Mi’kmaq chiefs and an elder later the same day.

Wolastoqey Nation opposition

In a statement released Friday by the Wolostoqey Nation, comprised of St. Mary’s, Woodstock, Madawaska, Oromocto, Tobique and Kingsclear First Nations, leaders denounced the “shocking, unacceptable, and unlawful” lifting of the moratorium.

The letter said part of the area where the moratorium is being lifted includes unceded Wolastoqey territory.

“The Province’s attempt to secretly open the door to fracking in our Territory is shocking, unacceptable, and unlawful. They need to restore the Moratorium immediately, and they need to have a serious dialogue with Indigenous peoples before taking any more steps in that direction,” said Patricia Bernard, Chief of Madawaska First Nation.

The statement also quoted Ross Perley, Chief of Tobique First Nation, saying he is disappointed by the move and promises to stop development.

“It falls short of the Higgs Government’s promise of defining a new relationship with the Wolastoqey and Mi’kmaw Nations,” he said. “It is our job to ensure the protection of lands and waters for our future generations and we will unify with our Mi’kmaw brothers and sisters to stop this development.”

By: Jacques Poitras ·  CBC News · Posted: Jun 08, 2019

[SOURCE]