Tag Archives: Protests

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

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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]

Minnesota Regulators Postpone Line 3 Meeting After Protests

FILE: Protest against the Enbridge Line 3 replacement in Minnesota.

Enbridge Line 3 meetings postponed after protests erupt

Minnesota regulators postponed a meeting Tuesday on Enbridge Energy’s planned Line 3 replacement after pipeline opponents disrupted the meeting with a bullhorn and a boombox.

Protests erupted as the Minnesota Public Utilities Commission met to discuss whether Enbridge met conditions earlier imposed by the panel. The PUC approved the project in June, giving Enbridge a green light to replace its aging Line 3 crude oil pipeline across Minnesota.

Opponents in the back of the PUC hearing room took out a bullhorn and made speeches aimed at the commissioners, the Star Tribune reported.

“You should all be ashamed,” one protester said.

PUC Chairwoman Nancy Lange recessed the meeting but eventually canceled it when a protester playing music on a boombox refused to turn it off.

Several opponents sat with their backs facing the commissioners. Their shirts featured slogans such as “Enbridge lap dogs.”

In a statement, Enbridge said it was “unfortunate that a small group of people derailed” the meeting. The Canadian-based company said the conditions that were up for discussion were intended to “protect Minnesotans.”

“We acknowledge that the process has been long and difficult and raised many passionate interventions. But what happened today crossed the line,” Enbridge said.

State Rep. Dan Fabian, a Roseau Republican who chairs the Minnesota House Environment and Natural Resources Committee, also criticized the protesters.

“Minnesota is better than this nonsense,” Fabian said in a statement. He called on Gov. Mark Dayton’s administration, the PUC and local law enforcement “to do whatever necessary to prevent disruptions like this from happening in the future.”

Line 3 runs from Alberta, Canada, across North Dakota and Minnesota to Enbridge’s terminal in Superior, Wisconsin. Enbridge wants to replace the line, which it built in the 1960s and is running at only about half its original capacity. The replacement would restore its original capacity. But Native American and environmental activists contend the new line risks spills in fragile areas.

By The Associated Press

[SOURCE]

Kinder Morgan suspends work on Trans Mountain pipeline amid B.C. opposition

A man holds a sign while listening as other protesters opposed to the Kinder Morgan Trans Mountain pipeline extension defy a court order and block an entrance to the company’s property, in Burnaby, B.C., on Saturday April 7, 2018. CP/Darryl Dyck

Kinder Morgan says it is suspending all non-essential activities and related spending on the Trans Mountain pipeline expansion project.

The company says its decision is based on the British Columbia government’s opposition to the project, which has been the focus of sustained protests at its marine terminal in Burnaby, B.C.

Kinder Morgan says it will consult with “various stakeholders” to try and reach an agreement by May 31 that might allow the project to proceed.

The company’s decision will be seen as a blow Prime Minister Justin Trudeau, who has insisted that the pipeline would be built, despite the angry protests and the B.C. government’s continued battle against the project in the courts.

The expansion, which would triple the amount of oil flowing from Alberta to Burnaby, was approved by the federal government in 2016.

Kinder Morgan says it will make a decision about the project’s future based on whether it can get “clarity” on its ability to do construction in B.C. and protect its shareholders.

“As KML has repeatedly stated, we will be judicious in our use of shareholder funds. In keeping with that commitment, we have determined that in the current environment, we will not put KML shareholders at risk on the remaining project spend,” Steve Kean, the company’s chairman and chief executive officer, said in a statement.

“A company cannot resolve differences between governments. While we have succeeded in all legal challenges to date, a company cannot litigate its way to an in-service pipeline amidst jurisdictional differences between governments.”

Kean said the uncertainty around the company’s ability to finish the project “leads us to the conclusion that we should protect the value that KML has, rather than risking billions of dollars on an outcome that is outside of our control.”

About 200 people have been arrested near Kinder Morgan’s marine terminal in Burnaby, B.C., during recent protests.

By: The Canadian Press

[SOURCE]

Burnaby won’t cover policing costs related to Trans Mountain protests

An RCMP officer reads a court order to Federal Green Party Leader Elizabeth May, right, and NDP MP Kennedy Stewart, second from right, before they were arrested after joining protesters outside Kinder Morgan’s facility in Burnaby, B.C., on March 23, 2018.

The City of Burnaby, where protests and arrests have been taking place over work under way to expand the Trans Mountain pipeline, has ruled out paying policing costs related to managing the activism, says its mayor.

Like many B.C. communities, Burnaby is policed by the RCMP, and is normally on the hook for expenses, but Mayor Derek Corrigan – a vocal critic of the pipeline project – says he is drawing the line at overtime and other RCMP costs related to Trans Mountain as a project the city opposes.

“We’re not paying for the additional policing costs that are being accumulated as a result of the protests at the Trans Mountain project,” Mr. Corrigan said in an interview. “I don’t think there is anybody in the Western world who doesn’t know now that Burnaby is not paying.”

He casts the position as a reflection of Burnaby’s opposition to the project as well as the view that the Trudeau government, which approved the project, should be picking up the costs to deal with protests against it.

This isn’t the first time the issue has come up. The B.C. government says there is an outstanding $800,000 bill for policing 2014 protests related to the project that “remains in dispute,” according to a statement from the provincial Ministry of Public Safety and the Solicitor-General.

“The province is aware of Burnaby’s views on paying for these policing matters and we confirm there is an outstanding non-payment with respect to 2014,” said the provincial statement issued by Colin Hynes for the Ministry of Public Safety.

In their statement, the provincial public safety and Solicitor-General’s ministry said the Police Act in B.C. compels municipalities with populations over 15,000 to pay for the cost of policing within their boundaries. “This includes the cost of policing matters related to civil disobedience.”

However, the ministry said the dispute will not affect policing. “It is important to note that regardless of any disagreement over funding, policing services will continue uninterrupted and will be unaffected by any funding disagreement.”

Ironically, British Columbia’s NDP government has been sharply opposed to the expansion of the pipeline – a policy that has pitted them against the NDP government in Alberta, which is a proponent for the project.

Mr. Corrigan’s stand comes amidst increasing protests over the project. According to the Burnaby RCMP, 54 demonstrators against the project were arrested on Saturday for breaching a court-ordered injunction that prohibits protesters from coming within five metres of a pair of terminals in Burnaby operated by project proponent Kinder Morgan. Last Friday, federal Green Party Leader Elizabeth May and NDP MP Kennedy Stewart were arrested in protests.

The Trans Mountain expansion project, which has been approved by the federal government, will triple the capacity of the pipeline to about 900,000 barrels from 300,000. In recent weeks, one protest drew more than 5,000 people – and a police presence to manage the gathering.

Ali Hounsell, a spokesperson for the Trans Mountain project, said in a statement issued Sunday that “Trans Mountain’s view is that policing is a local government cost. “

Mr. Corrigan said the Mounties have told him they may take the matter to dispute resolution. While he said he has no details on that process, an RCMP spokesperson in B.C. pointed out there are provisions for working through disputes in the service agreement on municipal policing in B.C.

The mayor also said he is skeptical about RCMP assurances that dealing with the protests won’t distract from routine policing needs in Burnaby.

“They’re telling me, no, they are not diminishing any of the resources that are available to the community. But I can’t help but think this takes a toll in being able to deal with these issues,” Mr. Corrigan said. “While I am being assured that it is now, I am suspicious that it is.”

In a series of e-mail responses to Globe and Mail questions on the issue, a spokesperson for the RCMP E-Division covering B.C. said the force is dealing with protests now and looking to eventually deal with costs.

“The RCMP goal for any demonstrations is to ensure that they take place in a peaceful, lawful and safe manner. We will deploy the resources necessary to accomplish this,” Sergeant Janelle Shoihet said in an e-mail.

Sgt. Shoihet said the Burnaby RCMP don’t have contingency funds for their responsibilities but, rather, respond to calls for service and rolls salaries, expenses and other costs into an annual policing budget for the detachment.

“As you can imagine, it’s difficult to predict how many calls for service we’ll get in relation to one specific event or a series of events and therefore difficult to predict how many resources we’ll need to respond.”

Mr. Corrigan said the protests against Trans Mountain are going to get worse.

“This is the overture to what ‘s going to happen later on. I anticipate there will only be an escalation of the protests over the next months. This problem is only going to become progressively worse.”

The Globe and Mail 

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