Pipelines over People: Canadian First Nations Policing Comes under Scrutiny


Unist’ot’en.camp

Declarations and pledges are all well and good, but when it comes to protecting rights and safety, action is what counts. And where the rights and safety of Canada’s indigenous populations are concerned, so far, the government and the Royal Canadian Mounted Police (RCMP, often known as “Mounties”) have shown a preference for protecting pipelines over people.

Earlier this month, NPQ reported that Canada’s two-year National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) released a report, representing many hours of work and hundreds of pages of data and recommendations. The report confirmed for Canada’s settler government what indigenous peoples already knew: that the violence against indigenous (or First Nations) women and girls, and the failure of government and police to prevent or investigate these crimes, was tantamount to genocide.

Among the report’s 231 Calls for Justice were five demands related to the extractive and development industries, pursuant to the report’s recognition that “resource extraction projects can exacerbate the problem of violence against Indigenous women and girls.”

At the same time, the dispute over the fracked gas pipeline planned through Wet’suwet’en territory in British Columbia proceeds as though this context—the tradition of colonial violence against First Nations people—were not relevant. NPQ has covered this dispute since January, when RCMP invaded unceded lands to enforce an injunction against the checkpoint constructed by the Unist’ot’en clan to protect their land. The Wet’suwet’en challenged the injunction in court, and this week, judges will announce their decision.

It has not been lost on First Nations that the government seems to spend more resources on protecting the pipeline than protecting their people. Dylan Mazur, a community lawyer with the BC Civil Liberties Association, says northern BC communities often complain they are “over-policed and under-protected.”

First Nations member Jacquie Bowes and hereditary chief Na’Moks both remember investigations of MMIWG that lasted months with little visible action, while within days of a threat to the pipeline, trucks full of police streamed into their communities. A “Community-Industry Safety Office” has been established on Wet’suwet’en land and is consistently staffed by over a dozen officers, says Na’Moks, whose English name is John Ridsdale.

“They’ve put more money into watching us, labelling us and monitoring us than into searching for local murdered and missing women,” he said. “They’re out there 24 hours a day, seven days a week, and they’re not helping our people.” Almost half of missing persons cases in northern British Columbia have not been investigated properly.

The tribe’s court case against the injunction is pending this week, and land defenders at the Unist’ot’en camp have issued calls for support. Their head lawyer Michael Lee Ross issued a nine-part argument for the BC Supreme Court to uphold indigenous law on unceded lands. His points acknowledge important contextual information about indigenous disputes, including:

  • “The existing interim injunction should be dissolved because it already has caused irreparable harm by…interfering in hereditary governance by funding and consulting with divisive groups.”
  • “Indigenous legal orders have jurisdiction on Indigenous lands, Aboriginal Rights and Title have not been ceded or surrendered on Wet’suwet’en Yintah and it is the responsibility of a just and equitable court to reconcile Wet’suwet’en law with the common law and accept some of the burden for this reconciliation. For most of Canada’s legal history Indigenous people have been forced to translate and shape their legal rights in a court system that has repeatedly dispossessed them of those same rights. The burden of reconciliation now falls upon the court, to recognize and affirm Indigenous laws that predate Canada and to reconcile these with non-Indigenous legal perspectives.” MORE

How Indigenous leadership is protecting communities from climate disasters

Image result for the conversation: How Indigenous leadership is protecting communities from climate disasters
A wildfire burns on a logging road in central British Columbia in August 2018. THE CANADIAN PRESS/Darryl Dyck

“The fires were never a threat to us. It was the state that was the threat.”

In two short sentences Chief Joe Alphonse, Tribal Chair of the Tsilhqot’in National Government, conveyed to a House of Commons committee a central insight of disaster studies. The environment does not create disasters — people do.

In 2017, British Columbia experienced the first of two successive years of record-breaking wildfires. On July 7, following 130 lightning strikes, fires (amplified by climate change) tore through the B.C. interior, consumed 760,000 hectares of Tsilhqot’in territory and engulfed three of six Tsilhqot’in communities.

The provincial wildfire response that followed revealed how people — through policies, practices and laws — leave some communities more vulnerable to disasters. It was a striking example of law’s role in disaster, which I mapped in relation to the 2016 Fort McMurray wildfire. After the 2017 wildfires, I worked with the Tsilhqot’in Nation to document its communities’ experiences with wildfire.

Unequal vulnerability

Decades of research has documented that social factors such as race, gender, ability and poverty contribute to the harms suffered during disasters. Laws and policies that continually marginalize people and communities during ordinary times make these same people vulnerable to disaster.

Wildfire map for the Tsilhqot’in territory during the summer of 2017. Tsilhqot’in National GovernmentAuthor provided

This theory was tested the summer of 2017 when fires raged through Tsilhqot’in territory. The wildfires revealed the inadequacy of existing laws and the ongoing legacy of colonial policies as key culprits in the vulnerability of the Tsilhqot’in during the wildfire response. Confusion and conflict over legal jurisdiction were central and enduring themes of the wildfire response.

Read more: How will Canada manage its wildfires in the future?


Jurisdiction is fundamental to self-determining Indigenous peoples. It is also fundamental to understanding how multiple levels of government and agencies involved in emergency management work together to keep people safe during a crisis. Jurisdiction answers the question: Who gets to decide? MORE

Canada has a long history of ignoring reports like that of the MMIWG inquiry

Closing ceremony of the National Inquiry into Missing and Murdered Indigenous Women and Girls. Photo: Justin Trudeau/Twitter

The hullabaloo over the missing and murdered Indigenous women and girls (MMIWG) inquiry’s use of the word genocide has obscured its broader message, and that is more than a pity. It is a tragedy.

The inquiry’s report builds a powerful case about the systemic causes for the frighteningly large number of cases of Indigenous women and girls who have been victims of violence, abuse and, too often, murder.

The report focuses, as one might expect, on the justice system, especially on the police. It points out that many Indigenous families have not believed they could trust the police to effectively deal with the disappearances of their loved ones.

Those families had ample reason for their mistrust.

For the most part, policing on traditional Indigenous territory and in urban Indigenous communities has not been a matter of providing a service. The RCMP and local police forces have, in large measure, acted not as peacekeepers, but as occupiers. Rather than serve the people and their communities, their role has been to pacify them.

But the report’s scope goes far beyond policing.

The inquiry identifies structural ways in which the dysfunctional governance of Indigenous people and communities has produced the tragic results it was mandated to investigate.

In its calls to action the report recognizes “self-determination and self-governance as fundamental Indigenous and human rights and a best practice.”

It points out that “self-governance in all areas of Indigenous society are required to properly serve and protect Indigenous women and girls,” adding that this is particularly “true in the delivery of services.”

Quite specifically, the report tackles the way the federal government manages and funds basic services in Indigenous communities, including education. All too often, this is done through term-limited contribution agreements, essentially imposed by the government in Ottawa.

The report notes that these “short-term or project-based funding models in service areas are not sustainable.” It explains that they “represent a violation of inherent rights to self-governance and a failure to provide funding on a needs-based approach, equitably, substantively, and stably.”

Many previous studies made similar recommendations

None of what the MMIWG Inquiry has reported should come as news to anyone who has been paying attention to Indigenous issues for the past four decades.

The auditor general’s office drew the same conclusions as did the MMIWG Inquiry in a long series of damning reports, going back to the beginning of this century. MORE

News Indigenous Pipeline Opponents Seek Court OK for Blockade Protest

Clouds hang over the island of Haida Gwaii in British Columbia, Canada, on Aug. 26, 2016. Photographer: Ben Nelms/Bloomberg via Getty Images

    • Wet’suwet’en First Nation members seek to stop court order preventing their blockade
    • Coastal GasLink pipeline construction in British Columbia would be boon to Canada’s LNG industry

A First Nation in northern British Columbia will seek June 10 to quash orders preventing them from blockading a natural gas pipeline seen as crucial to Canada’s nascent liquefied natural gas sector.

Members of the Wet’suwet’en First Nation will ask the the Supreme Court of British Columbia in Prince George to reverse a temporary injunction that allows Calgary-based TC Energy Corp. to proceed with construction of the Coastal GasLink pipeline.

Royal Canadian Mounted Police broke up a blockade of First Nations members and their supporters Jan. 7 on a remote logging road after the orders were made in December.

The national police force made over a dozen arrests, but those criminal charges later dropped.

‘Unprecedented Support’

TC Energy, which until recently was known as TransCanada Corp., wants the orders made permanent.

“There is unprecedented support for this important natural gas pipeline project from local and Indigenous communities along the route,” Suzanne Wilton, a spokesperson for TC Energy-owned Coastal GasLink Pipeline Ltd., said in an email June 7. “The continuance of the injunction will ensure continued safe and unimpeded access.”

The Wet’suwet’en First Nation opposes Coastal GasLink because of environmental concerns, and the pipeline’s representatives have tried to subvert its authority by engaging with Indigenous organizations that do not represent Wet’suwet’en hereditary chiefs, the First Nation said in a February court filing. MORE

Never forget: Yes, there was a genocide. Why don’t we correct the wrong now?

Photo: Justin Trudeau/Twitter

…Today, Canada has a choice. It can continue to look away and praise itself as one of the best places in the world and quietly put the report on the shelf like it has in the past for all the previous reports (the Royal commission on Aboriginal peoples, and the public commission of inquiry into missing women in B.C. in 2012).

Or, it can decide to be courageous and brave and start decolonizing its institutions starting from stopping the abusive and racial profiling practices used by some local police forces, to overcoming the general apathy and complacency of the RCMP, to repealing the mother of all evil, the Indian Act.

Like any radical change, this decolonization process wouldn’t be easy or popular to adopt. Already, most of the major newspapers in Canada are, since the release of the report, aligning with editorial after editorial and opinion after opinion against the word “genocide” used in the report. Many have been acting offended and choosing to focus on the word genocide, while all the crucial issues discussed in the report have seemed already to be once again forgotten.  SOURCE

RELATED:

‘The world should have stopped’: An Indigenous woman responds to Canada’s admission of genocide

NDP MP asks public safety minister to trigger RCMP probe into coerced sterilization

 

Cultural genocide? Forced sterilizations of Canadian Indigenous women are occurring and the Trudeau government is ignoring the UN Committee Against Torture’s report calling on Ottawa to investigate “all allegations of forced or coerced sterilization” and hold those responsible accountable.  The response? The federal government said it wouldn’t amend the Criminal Code to outlaw it, saying existing criminal provisions were enough. Here is a list of MPs emails

Public Safety Minister Ralph Goodale’s office says it recognizes barriers keep victims from coming forward

Public Safety and Emergency Preparedness Minister Ralph Goodale’s office is encouraging victims of coerced sterilization to come forward. (Sean Kilpatrick/The Canadian Press)

An NDP MP has written to Public Safety Minister Ralph Goodale urging him to use “all legitimate tools” to have the RCMP open an investigation into coerced sterilization allegations that have come from mostly Indigenous women across the country.

About 100 allegations of coerced sterilization have surfaced across the Prairies and in Ontario and Quebec since 2017, when a lawsuit was filed in Saskatchewan.

Don Davies, NDP MP for Vancouver Kingsway, handed the letter to Goodale on Thursday after question period.

“I … request that you use all legitimate tools at your disposal to ensure that the RCMP opens an investigation into all allegations of forced or coerced sterilization within its jurisdiction in Canada and lay appropriate charges against those responsible for committing them,” wrote Davies in the letter.

In a statement, Goodale’s office said coerced sterilization was “a serious violation of human rights.”

However, the statement sidestepped Davies’ request saying that the RCMP is one of 300 police forces across Canada and can’t investigate crimes outside of its jurisdiction. “We encourage anyone with specific criminal allegations to report them to the police of jurisdiction,” said the statement. “There is no time limit to report an assault to police.”

Davies said in an interview that Ottawa was ignoring its international obligations as a party to the UN Convention Against Torture which requires governments to proactively investigate violations of human rights.

  MORE

It’s long been known in B.C. that RCMP not investigating money laundering, sources reiterate

Peter German, front left, former deputy commissioner of the RCMP, speaks about his review of anti-money laundering practices in the province as B.C. Attorney General David Eby listens during a news conference, in Vancouver, on Wednesday June 27, 2018.
Peter German, front left, former deputy commissioner of the RCMP, speaks about his review of anti-money laundering practices in the province as B.C. Attorney General David Eby listens during a news conference, in Vancouver, on Wednesday June 27, 2018 THE CANADIAN PRESS/Darryl Dyck

On Monday, B.C. Attorney General David Eby said he was shocked to find the RCMP is doing “nothing” to investigate money laundering in the province, despite years of negative headlines and estimated billions of dollars in dirty money flowing through the province’s casinos and real estate.

He cited a finding from former RCMP executive Peter German’s recently filed review of money laundering in the province’s housing market, that Eby said, shows currently there is not one dedicated federal RCMP officer in B.C. investigating criminal money laundering.

“What is happening is nothing,” Eby said. “Police experts need to be recruited from across Canada for a specialized team that can start now. The money launderers here are already experts, they’re already rich, and now we know they’re better resourced.”

Some investigators that have shared information with Global News over the past year, said Eby’s surprise seems misplaced. It has long been known by government insiders that the RCMP and Canadian courts have little or no capacity to prosecute transnational money launderers, they said.

These investigators — including current and former federal and municipal police officers and casino investigators — say that due to weak laws, poor police leadership, lack of funding for financial crime investigators, and disinterested prosecutors, laundering investigations have often been outright avoided by police.

MORE

B.C. legal group plans to go back to court after 6 arrested at homeless camp

Image result for maple ridge homeless camp rcmp
Police stand outside the Maple Ridge homeless camp known as Anita’s Place on Sunday, where the city was enforcing a court injunction.

MAPLE RIDGE, B.C. — Pivot Legal Society says it has filed leave to appeal the B.C. Supreme Court injunction used by RCMP to enter a homeless camp in Maple Ridge, B.C., and arrest six people.

Ridge Meadows RCMP said in a release officers made the arrests as Maple Ridge fire department officials and bylaw officers entered the Anita Place encampment on Sunday to enforce the injunction granted earlier this month.

Officials say they were concerned about propane heaters and stoves posing a fire hazard when used in or near tightly spaced tents.

Pivot said in a news release Monday that some of its members witnessed the enforcement and both city officials and RCMP contravened the injunction order.  MORE

What’s at stake for RCMP, prosecutors in the SNC-Lavalin case

Zero convictions despite 7 years and millions spent on SNC investigation, prosecution

Since 2012, the RCMP have charged eight people tied to allegations SNC-Lavalin engaged in bribery of foreign officials. Seven of those accused have had their cases tossed out of court due to delays or problems with evidence. (Christinne Muschi/Reuters)

The political storm over SNC-Lavalin has sparked important debate over alleged political interference in Canada’s justice system and what to do about a huge Canadian company that could fail if convicted of foreign bribery.

On Tuesday, Canadians will hear directly from Jody Wilson-Raybould on whether she was inappropriately pressured as attorney general to intervene in the SNC-Lavalin prosecution.

But beyond the political scandal, consider the failures of the RCMP and federal prosecutors in the case. Since 2012, the RCMP have charged eight people tied to allegations SNC engaged in bribery of foreign officials. Seven of those accused have had their cases tossed out of court due to delays or problems with evidence. RCMP and the Public Prosecution Service of Canada have yet to convict anyone from the company.

Many are asking whether they are really up to the job.

“Canada has a very poor record of enforcement,” says James Cohen, head of the watchdog group Transparency International Canada. “Canadian companies who engage in corruption have sadly been playing the odds that they will not get caught.” MORE

RCMP Receives Bombshell Letter About Jason Kenney

EXCLUSIVE: Former UCP MLA Tells RCMP Jason Kenney’s Team Cast Fake Votes Through Illegal ‘Identity Fraud’ Scheme

PressProgress  have obtained a bombshell letter from a former UCP MLA to the RCMP alleging Kenney’s leadership team cast fake votes using “fraudulent e-mail addresses” hosted on an “offshore” server.

Our exclusive story has already been followed by the Calgary Herald, Edmonton Journal and Alberta’s StarMetro newspapers – one of CBC News’ top investigative journalists described our story as a “potential blockbuster.”


Prab Gill’s letter to the RCMP