‘What cost are human rights worth?’ UN calls for immediate RCMP withdrawal in Wet’suwet’en standoff

Experts say the world is watching to see if Canada heeds a call from the UN Committee on the Elimination of Racial Discrimination to immediately suspend work on the Coastal GasLink pipeline, the Trans Mountain pipeline and the Site C dam until ‘free, prior and informed consent’ is obtained from Indigenous peoples

Wet'suwet'en Coastal GasLink January 2019 Barricade

Police climb over a barricade to enforce the injunction filed by Coastal GasLink pipeline at the Gidimt’en checkpoint near Houston, British Columbia on Monday, January 7, 2019. The pipeline company was given a permit but the Office of the Wet’suwet’en, which has jurisdiction over the territory in question, has never given consent. Fourteen people were arrested. Photo: Amber Bracken

1990, Grand Chief Stewart Phillip was at a Lil’wat Nation blockade to stop clear-cut logging and the expropriation of Mount Currie reserve land when he got a taste of how far governments in Canada are willing to go to prevent Indigenous people from protecting their lands.

“The sniper team came in in two Suburbans and went up onto the hillside and one of the Lil’wat Mount Currey band members came riding across the creek on his horse, quite panicked and warning us that there was a sniper team being deployed in the trees,” Phillip, president of the Union of B.C. Indian Chiefs, told The Narwhal.

“We had witnessed the Suburbans coming in, but he actually saw the sniper team disembark and take up positions,” Phillip recalled. “I know that to be a standard tactic on the part of the RCMP.”

As tensions escalate in the stand-off between Wet’suwet’en hereditary chiefs and Coastal GasLink — with the company posting a 72-hour injunction notice allowing the RCMP to arrest anyone blocking access to its work site as early as Friday — Phillip said there’s “an urgency” for Canada to heed a call from the United Nations and immediately halt pipeline construction on Wet’suwet’en lands and territories.

“It’s a precarious situation,” Phillip said, pointing to a recent article in The Guardian disclosing the RCMP was prepared to shoot Indigenous land defenders in the dispute over construction of the 670-kilometre Coastal GasLink pipeline to ship fracked gas to LNG Canada’s export terminal in Kitimat.

LNG Canada project, Kitimat B.C. 2017

The site of the LNG Canada project in Kitimat B.C. in 2017. Photo: Garth Lenz / The Narwhal

UN says projects need ‘free, prior and informed’ consent

In a move Phillip called a “significant development,” the UN Committee on the Elimination of Racial Discrimination has issued a triple-barrelled decision calling on Canada to immediately suspend work on the Coastal GasLink pipeline, the Trans Mountain pipeline and the Site C dam until “free, prior and informed consent” is obtained from Indigenous peoples.

The committee urged Canada to immediately cease the forced eviction of Wet’suwet’en peoples who oppose the Coastal GasLink pipeline and Secwepemc peoples opposed to the Trans Mountain pipeline, to prohibit the use of lethal weapons —  notably by the RCMP — against Indigenous peoples and to guarantee no force will be used against them. It also urged the federal government to withdraw the RCMP, along with associated security and policing services, from traditional lands.

In a two-page decision statement, the committee said it is alarmed by the escalating threat of violence against Indigenous peoples in B.C. and disturbed by the “forced removal, disproportionate use of force, harassment and intimidation by law enforcement officials against Indigenous peoples who peacefully oppose large-scale development projects” on their traditional territories.

Coastal Gaslink Pipeline RCMP Gidimt'en arrest

Police make an arrest January 2019 while enforcing the injunction filed by Coastal GasLink at the Gidimt’en checkpoint near Houston, B.C. Photo: Amber Bracken

“It’s somewhat frustrating and embarrassing that the UN has to chide the government of Canada and the provincial government with respect to what the rule of law is in this country in regard to Indigenous land rights, Indigenous human rights,” Phillip said.

“I think it’s a reflection of the ongoing arrogance of the Trudeau government, that somehow the Trudeau government feels it’s above the law and can just simply flout the law.”

As word of the UN decision spread, Alberta Energy Minister Sonya Savage called the United Nations an “unelected, unaccountable” body that has no business criticizing Canada’s energy megaprojects.

The Canadian Association of Petroleum Producers, the country’s largest oil and gas lobby group, issued a press release saying the UN committee’s two-page decision statement “reflects an embarrassing ignorance of Canadian law.”

‘If we think back to the Holocaust, all of that was legal under German law’

But Alex Neve, secretary general of Amnesty International Canada, said the whole point of the 18-member committee is that it’s comprised of unelected human rights experts appointed by UN member states.

“We want them to be there as objective, non-partisan, non-political experts who are going to look very closely at the situations that are brought to their attention, such as these three serious human rights concerns from Canada, and make the right assessments and make the right decisions entirely free from political influence,” Neve said in an interview.

Indigenous rights scholars point out the Convention on the Elimination of All Forms of Racial Discrimination — whose implementation is monitored by the committee — holds signatories, including Canada, accountable to international human rights law.

They also note that the United Nations, with its overarching focus on human rights, was created in the wake of the Holocaust and other atrocities to ensure increased global scrutiny of human rights in individual countries, and that Canada championed the convention and was one of the first nations to sign on.

” … the process that was followed in Canada is failing … “

University of Manitoba law professor Brenda Gunn said Canadian law should not be used to try to protect or excuse actions cited by the UN committee.

“If we think back to the Holocaust, all of that was legal under German law. What this system is designed to do is to have people outside the state judging standards against something other than domestic law, to ensure that domestic law isn’t violating rights,” said Gunn, a Metis lawyer who provided technical assistance to the UN Expert Mechanism on the Rights of Indigenous People with regards to the UN Declaration on the Rights of Indigenous Peoples.

“What this committee is saying is that the process that was followed in Canada is failing to uphold Canada’s international human rights [obligations]. You wouldn’t expect this person to need to know Canadian law. All they need to know is the facts of what happened and compare that to their expertise of what is required under international law.”

Potential for ‘deep stain on Canada’s global reputation’

UBC professor Sheryl Lightfoot, a Canada Research Chair in Global Indigenous Rights and Politics, said the UN committee is pointing out that Canada’s law, policy and practice for consultation with Indigenous communities do not meet global human rights standards.

Canada has reported to the UN committee “regularly, routinely and enthusiastically” since 1970, the year after the convention was entered into force, noted Lightfoot, a citizen of the Lake Superior Band of Ojibwe who is senior advisor to the UBC president on Indigenous affairs.

“The one area that Canada stumbles on is once the CERD [Committee on the Elimination of Racial Discrimination] casts its eye on Indigenous peoples’ human rights,” Lightfoot said in an interview.

“Canada is normally held up as a role model standard on this particular issue of eliminating racial discrimination.

This is one of the few times, and the notable times, where Canada is on the receiving end of negative news.”

The UN committee decision comes as Canada vies for a coveted seat on the UN Security Council, a bid Gunn said will fall under increased global scrutiny if Canada fails to follow the committee’s recommendations.

“While we may not hear public chastising of Canada in any international forum, there will be many conversations happening in the various lounges at the UN, and elsewhere, where states that Canada was counting on for support will be saying ‘well, what about this recent decision … how do we support a seat on the security council when Canada’s record on human rights continues to be questioned?’ ”

Lightfoot said a lack of action could  “create a deep stain on Canada’s global reputation.”

The committee decision follows landmark legislation passed by the B.C. government in November to implement the UN Declaration on the Rights of Indigenous People (UNDRIP). The federal government has also promised to pass legislation to harmonize Canadian laws with UNDRIP by the end of this year.

Roland Willson, chief of West Moberly First Nations, called the decision a “validation for us.”

West Moberly First Nations and Prophet River First Nation are awaiting trial dates to determine if the Site C dam unjustifiably infringes on their constitutionally protected treaty rights, as the nations claim in civil actions filed two years ago.

Among many other impacts, the Site C hydro project will destroy Indigenous burial sites and other places of spiritual and cultural importance — including traditional hunting and fishing grounds — and poison fish with methylmercury.

West Moberly Chief Roland Willson

West Moberly First Nation Chief Roland Willson has been a vocal opponent of the Site C dam. Photo: Jayce Hawkins / The Narwhal

Site C dam called ‘cultural genocide’

Willson said West Moberly and Prophet River First Nations met with Gay McDougall, a U.S. lawyer who is the vice-chair of the UN committee, last year in Vancouver

“It’s not mass genocide that’s happening here. It’s cultural genocide,” Willson told The Narwhal.

“Ms. McDougall said to us, ‘Genocide is genocide. They’re destroying your culture and your culture is who you are as a people. So they’re killing you as a people’ … Our discussion with her verified that we’re right.”

Willson called it a “crime” to destroy the last tract of Peace River Valley available to Indigenous people to engage in traditional practices when there are cheaper and less destructive ways to produce power.

 “…The thought of [U.S.] President [Donald] Trump threatening to destroy Iran’s cultural sites, everybody’s up in arms about that, saying that should be considered war crimes,” Willson said.

“Well here they’re making a decision to destroy what’s left of an intact ecosystem, a vital piece of our culture.”

Article 32 of UNDRIP says governments “shall consult and cooperate in good faith” with Indigenous peoples through their own representative institutions, in order to obtain their free and informed consent prior to the approval of “any project affecting their lands or territories and other resources” — particularly in connection with the development, utilization or exploitation of mineral, water or other resources.

Site C construction. Peace River. B.C.

Construction of the Site C dam on the banks of the Peace River. Photo: Garth Lenz / The Narwhal

In a 2019 letter to the UN committee, a copy of which was obtained by The Narwhal, the federal government said it approached the Site C project “in a manner that is consistent” with obtaining free, prior and informed consent, a claim Willson called “hogwash.”

Willson said the federal government only met once with West Moberly and Prophet River First Nations about the Site C dam, for about 20 minutes.

The meeting, with former Fisheries Minister Dominic LeBlanc, took place in Vancouver several months after the election of the Trudeau government in the fall of 2015, Willson said, describing the session as “our one avenue to talk about everything.”

Nations ‘conceded’ instead of consenting

“Conceding is far from consenting,” Willson said. “Every nation in Treaty 8 was opposed to Site C.”

But after the project — championed for decades by BC Hydro — received final B.C. government approval in December 2014, “some of the nations conceded to BC Hydro,” Willson said.

“Their decision was not free,” he said. “It wasn’t prior. It was after the fact.”

A letter Willson sent to the UN committee two months ago said many affected Indigenous peoples have not consented to construction of the Site C project, including Blueberry River First Nation, Prophet River First Nation and Fort Nelson First Nation.

“Not a single Indigenous group supported Site C before Canada had issued all major approvals, and some groups that signed an agreement on the project afterwards stated publicly that they had never consented,” Willson wrote.

Former B.C. premier Christy Clark infamously vowed she would push the Site C project past the point of no return, the letter noted.

“There was never any intent by Canada or British Columbia to consider alternatives offered by Indigenous peoples,” Willson told the committee.

The chief also questioned the notion that First Nations were given “informed” details about the Site C project.

“Bogus estimates about future energy demand were used during consultations by the Province of British Columbia and BC Hydro to manufacture a need for the dam and to disregard less impactful alternatives such as wind and solar,” he said.

“These estimates have now been debunked by the B.C. Utilities Commission, British Columbia’s own independent utilities regulator.”

‘What cost are human rights worth?’

Asked about the economic cost of suspending the three projects, Lightfoot said, “what cost are human rights worth?”

“That’s the question for Canada,” she said. “The CERD [Committee on the Elimination of Racial Discrimination] is trying to bring to Canada’s attention that when dealing with human rights you have to consider all people’s human rights and consider them equally.”

Gunn said major resource projects like the Site C dam and the TransMountain and Coastal GasLink pipelines will continue to experience delays and court challenges until Canada does a better job of engaging and working with Indigenous peoples. The current situation doesn’t lead to greater certainty for anyone, she pointed out.

“It just leads to more divisions and more problems.”

Neve said the UN committee has made it clear on a number of occasions it is deeply concerned that industrial projects such as the Site C dam and Coastal GasLink pipeline are proceeding in ways that violate the rights of Indigenous people.

“It is unconscionable for Canada to just shrug our shoulders and ignore that,” Neve said. “It’s time to do what the UN is asking us to do.”

It’s not the first time the UN committee has called on Canada to suspend the Site C project, which would flood 128 kilometres of the Peace River and its tributaries in the heart of Treaty 8 traditional territory if the dam is completed in 2024 as scheduled.

In September 2017, the committee recommended that Canada immediately suspend all permits and approvals for the publicly funded $10.7 billion project, which will produce an average of 680 megawatts of electricity.

The committee also advised Canada to end “the substitution of costly legal challenges as post facto recourse in place of obtaining meaningful free, prior and informed consent of indigenous peoples.”

The UN committee issued a second rejoinder in December 2019 when it again cited a “lack of measures taken to ensure the right to consultation and free, prior and informed consent” for the Site C dam. It warned that construction without such consent would infringe on Indigenous peoples’ rights protected under the international convention.

The Narwhal reached out to Global Affairs Canada for a response to the UN committee’s decision. Global Affairs Canada — whose email signature touts Canada’s bid for a UN Security Council seat  — put us in touch with Heritage Canada.

Heritage Canada said it hoped to have a response for January 8, but no response was received by publication time.

Phillip said the Union of B.C. Indian Chiefs will request a meeting with federal Indigenous and Northern Affairs Minister Carolyn Bennett to discuss the decision.

“We’ll be speaking not only to the government of Canada but also to the provincial government and Premier [John] Horgan with regard to the CERD [Committee on the Elimination of Racial Discrimination] report and its implications vis a vis Bill 41,” Phillip said.

He said the union doesn’t accept the notion that Bill 41, B.C.’s new UNDRIP legislation, will only apply to new resource projects.

“We don’t buy that. The law is the law.” SOURCE


Wet’suwet’en threatened with eviction from their territory

The situation is escalating in Wet’suwet’en unceded territory in northern British Columbia this week as they face eviction by the RCMP if they do not remove any obstacles that would prevent workers from getting to construction sites for a Coastal GasLink pipeline.

The Wet’suwet’en need you to act in solidarity with their defense of traditional territory in the face of development projects that have not received the free, prior and informed consent of their people.

ACT NOW in solidarity with Wet’suwet’en: 

1. Sign our partner RavenTrust’s letter to Coastal GasLink reminding the executives of the rights of Indigenous Peoples that are to be respected, and urging them to respect the eviction order from the Hereditary Chiefs.

2. Visit the Wet’suwet’en Supporter page and take action to support the land defense. There is plenty of information on how to visit the camp, fundraise, write letters to law-makers, and resources for education and solidarity work with your neighbours.

In December 2019, The UN Committee for the Elimination of Discrimination recognized that Canada did not obtain the consent needed to begin construction of the Coastal GasLink pipeline in Wet’suwet’en territory.

The Committee instructed Canada to immediately halt construction and suspend all permits and approvals for the project, and urged Canada to withdraw RCMP and security and policing forces from the traditional territories.

Nevertheless, on December 31, 2019 a BC Supreme Court judge extended an injunction against the Wet’suwet’en, saying construction of the natural gas pipeline has been harmed by their defense camps. The hereditary Chiefs reject the Court’s decision based on their inherent, constitutional and human rights to govern their traditional territory under their own governance and legal systems and have once again ordered Coastal GasLink off their lands.

Thank you for speaking out today in solidarity with the Wet’suwet’en.

Image result for logo amnesty internationalIn solidarity,

Ana Nicole Collins
Indigenous Rights Advisor
Amnesty International Canada

 

 

Unravelling B.C.’s landmark legislation on Indigenous rights

If passed, the new law will make B.C. the first government in Canada to codify the United Nations Declaration on the Rights of Indigenous Peoples. Once implemented, it will significantly alter the way major resource projects are approached on Indigenous territories

BC UNDRIP legislation The Narwhal
From left to right: Terry Teegee, regional chief of the B.C. Assembly of First Nations, Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, and his wife, Joan Phillip, a notable environmental and Indigenous rights advocate. Photo: Province of B.C. / Flickr

With a wavering voice, Premier John Horgan spoke to the historic moment as the landmark Bill 41 was introduced in the legislature on Thursday.

“It is truly a great honour to stand in this chamber alongside Indigenous elders, leaders and people to introduce this bill,” the Premier said.

“I’m determined to walk a path of reconciliation.”

“We can have a better future than our past.”

What is UNDRIP and what does it mean for Canada?

Set out in 46 Articles, the declaration calls on state governments to engage with Indigenous nations, communities and cultures in such a way that bolsters the preservation of traditional territories and ways of life.

“It has the capacity to be transformative,” said Merle Alexander, legal counsel for the B.C. Assembly of First Nations and member and hereditary chief of Kitasoo Xai’xais First Nation. “The challenge will be: how do we implement it?”

Alexander, who co-drafted the legislation, said the act is designed to be a framework for reconciliation.

“The potential of this legislation is to create a new baseline,” Alexander told The Narwhal.

“When you enable government to enter into consent-based agreements, it could radically shift almost all government relationships.”

A new era of mutual consent

A major question about B.C.’s incorporation of UNDRIP centres around the question of “free, prior and informed consent” and whether or not it amounts to granting Indigenous peoples the power to veto projects that affect traditional territories.

“Nowhere in the act, nowhere in the declaration, do the words ‘veto’ ever come up. For the first part, it’s fear-mongering,” Alexander said.

Article 32 of UNDRIP grants Indigenous peoples “the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.”

It also says governments “shall consult and cooperate in good faith” with Indigenous peoples through their own representative institutions, in order to obtain their free and informed consent prior to the approval of “any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.”

But Alexander said it isn’t an accurate framing of the issue to say UNDRIP will essentially grant nations the power to override government and industry.

“Veto is about overriding jurisdiction and overruling governments, whereas consent is about agreement and coming together and working through problems and finding solutions,” he said.

“In some ways consent and veto are polar opposites to each other.”

Major projects — including the Site C dam, the Trans Mountain pipeline expansion and extensive fracking operations in northeastern B.C. — have been widely criticised for being approved by government without the “free, prior and informed consent” of affected Indigenous communities and nations.

First Nation communities regularly find themselves in the position of waging legal battles against projects after they are approved, when major impacts to land and traditional practices can no longer be prevented.

From the legislature floor, Terry Teegee, regional chief of the B.C. Assembly of First Nations, spoke directly to the claim the new legislation will in effect give Indigenous peoples ‘veto powers.’

“To bring this to a hard point, some people will oppose this law because of their fears of what an era of mutual consent means. There is fear in the idea of sharing power and jurisdiction. I want to say strongly and clearly here this declaration law is not about providing any government with veto rights.”

“Consent is about agreement. It is a process to achieving and maintaining agreement … about respecting our laws as equals and as partners,” Teegee said.

“Consent is the future and most simply put, it’s about coming together as governments, as people seeking to find common ground. Although consultation law has empowered many First Nations in B.C., it has done little to create legal certainty.”

Too often the Crown does not engage in good faith consultation and negotiations and First Nations are turning to the courts to resolve these issues, Teegee said.

“One of the greatest uncertainties for project development in B.C. is not knowing if a project has the consent of affected First Nations. Laws that are co-developed … will deliver economic, legal certainty and predictability in this province.”

Teegee said the province has come a long way in respecting Indigenous self-determination and decision-making in recent years, pointing to very recent but ultimately rejected plan to turn a sacred lake in Tsilhqot’in territory into a tailings pond for a mine.

The task of adhering to the principles of UNDRIP presents a unique case in provinces such as B.C., where the vast majority of the landscape is considered unceded Indigenous territory, meaning treaties haven’t been signed.

Unceded land in B.C. is often referred to as Crown land, although that designation can be misleading because much of the province falls within traditional territories that have not been ceded but have not been claimed under title rights (as in the case of the Tsilhqot’in Nation).

Map of Canada, showing treaties. Map: Native-land.ca

Major clashes over natural resource projects, such as recent blockades to prevent the construction of the Coastal GasLink pipeline on traditional Wet’suwet’en territory, occur on unceded lands where Indigenous peoples have been guaranteed the right to fish, hunt and practice their traditional ways of life in perpetuity.

Forest management a natural place to start

Jack Woodward, an Aboriginal rights lawyer who served as legal counsel on the landmark Tsilhqot’in title case, said while Aboriginal rights and treaty rights are governed by the constitution, the province can look for ways to support reconciliation within its own jurisdiction.

He pointed to the way old-growth forests are being managed by BC Timber Sales, saying it is a matter of policy, not legislation.

Old-growth forests are a valuable heritage resource for First Nations because they contain the last archaeological record of pre-contact through culturally modified trees, Woodward said.

“That’s what UNDRIP speaks to and what’s referred to in the proposed legislation but the actual process on the ground is what is going to matter and they’re going to have to give way to make significant change.”

An enormous, freshly fallen western redcedar in a BC Timber Sales-issued cutblock in the Nahmint Valley near Port Alberni. The Nahmint Valley is in traditional territories of the Hupacasath and Tseshaht First Nations. Last year, the Hupacasath sent an open letter calling on the provincial government to halt old-growth logging in the Nahmint and work collaboratively with the band to protect the area’s old growth and, especially, the biggest trees and monumental cedars. Photo: TJ Watt

Alexander said the process of prioritizing where to start on UNDRIP implementation will begin now, but he agrees forestry is a logical place for improvement.

“It does make sense that forestry might be a very tangible and smart place to start,” he said. “The Jenga game has sorta collapsed a bit on forestry and it needs to be re-built.” MORE

 

Truth and Reconciliation? What Truth and Reconciliation?

By ignoring Indigenous rights and child protection, our parties have sentenced a vital national inquiry to a quiet death.

MurraySinclair.jpg
Murray Sinclair led the Truth and Reconciliation Commission, which in 2015 issued 94 ‘Calls to Action’ for Canada. As of July 2019, only 10 had been implemented. Where are our federal leaders on reconciliation? Photo via Shutterstock.

The fact that reconciliation isn’t a headline issue during this year’s federal election campaign, despite government and business determination to build a new pipeline for Alberta bitumen, is just one indication that ‘we’re not there yet.’” — Senator Murray Sinclair

Remember when Prime Minister Justin Trudeau promised to implement all of the Truth and Reconciliation Commission’s Calls to Action? That was memorable.

The CBC’s Beyond 94 is the best collection and summary available of Canada’s implementation of the TRC’s Calls to Action. Beyond 94 shows that, as of July 2019, 26 of the 94 Calls to Action had not even been started, and only 10 were fully completed.

The Conservatives never promised to follow the TRC’s Calls to Action, and it’s clear they are utterly opposed to any reconciliation with Indigenous peoples. So a little balance is necessary in assessing the government’s performance.

Let’s look at four of the TRC’s Calls to Action. Where are the political parties on these four items?

Implement UNDRIP

Calls to Action 24, 27, 28, 42, 43, 44, 48, 50, 57, 67, 69, 70, 86 and 92 commit Canada, churches, universities and Canadians to implement through domestic legislation and other measures the United Nations Declaration on the Rights of Indigenous Peoples.

In response, the House of Commons passed Bill C-262 in 2018 to require Canadian law to harmonize with UNDRIP. After it became apparent in 2019 that Conservative efforts to prevent a third and final reading in the Senate for C-262 would succeed, the Liberals announced they would once again campaign on a promise to legislate UNDRIP if re-elected in the fall.

But C-262 was a private member’s bill by NDP MP Romeo Saganash, who is not running again in this year’s election. Exactly why wasn’t his bill a Liberal government bill?

The Greens and NDP have also promised legislation to implement UNDRIP. But let’s unpack this a bit.

UNDRIP’s most important provision is that Indigenous nations have a right to free, prior and informed consent about anything that will happen on their lands. Conservatives especially, and others, are petrified this might mean that Indigenous peoples can say no to pipelines and any other proposal their colonial governments set their minds to. In their view, the right to consent cannot possibly mean the right to say no. This is the fundamental reason that former prime minister Stephen Harper refused to allow Canada to endorse UNDRIP in 2007 at the United Nations.

After Bill C-262 died in the Senate, the Liberals said again that if re-elected they will implement UNDRIP. Fool me once, shame on you…

And what about the NDP? I find their position to be very confusing. Do they support the liquefied natural gas pipeline and gas plant in northern B.C. even though hereditary chiefs are opposed to it?

The NDP seems to be in favour of the Coastal GasLink LNG pipeline beginning in Dawson Creek and ending at a plant in Kitimat. This position seems to be their only chance of retaining retiring MP Nathan Cullen’s seat in northern B.C. But how can the NDP tell the Liberals: “You. Bought. A. Pipeline.” and then support a different pipeline (kinda sorta, nudge, nudge, wink, wink) even if hereditary chiefs are opposed? The same problem applies to the Site C dam and other projects that require major intrusions onto Indigenous lands. The UN Committee on the Elimination of Racial Discrimination told Canada that it is concerned “that the realization of the Site C dam without free, prior and informed consent, would permanently affect the land rights of affected Indigenous peoples in the Province of British Columbia. Accordingly, it would infringe Indigenous peoples’ rights protected under the International Convention on the Elimination of All Forms of Racial Discrimination.”

Again, for balance, let’s recognize that the Conservatives do not believe that Indigenous peoples have any right whatsoever to free, prior, informed consent over developments on their land. All fossil fuel projects are good. Indigenous peoples lost their land rights because England said so. End of story. God save the Queen and all of the colonialism and white supremacy she gave to Canada.

Independent Senator Murray Sinclair told APTN: “That [UNDRIP] doesn’t mean that we’re vetoing [proposals]. It doesn’t mean that First Nations people, or Indigenous people outside of Indian reserves, are vetoing anything. Just because they say you can’t run a pipeline across my land doesn’t mean you can’t run it somewhere else.”

582px version of Idle No More signs
NDP MP Romeo Saganash took it upon himself to create a bill aligning Canada’s laws with that of the United Nations Declaration on the Rights of Indigenous Peoples. Conservatives killed it in the Senate. Photo by rmnoa357Shutterstock.com.

 

Child welfare

As you would expect, the TRC’s first five Calls to Action are about child welfare. The Government of Canada, and therefore the people of Canada, have discriminated against Indigenous children and youth for well over a century. In 1977, the Canadian Human Rights Act was finally enacted, but it included the odious provision that no one was allowed to allege discrimination under the Indian Act. Finally, in 2008, section 67 was repealed. MORE