(UASHAT MAK MANI-UTENAM, QC) The Innu First Nation of Uashat Mak Mani-Utenam wishes to remind potential purchasers of Rio Tinto’s share of Iron Ore Company of Canada (IOC) that the Canadian Aboriginal group continues to fiercely oppose IOC’s mining, railway and port operations within their traditional territory. One of the measures the Aboriginal group has taken was to file legal proceedings against IOC on March 18, 2013, along with another aboriginal group, the Innu First Nation of Matimekush-Lac John, asking the Court to block IOC’s operations in Quebec and Labrador as well as to grant them damages in the amount of CAD$900 million – see press release of March 20, 2013.
IOC’s operations on the traditional territory of Uashat Mak Mani-Utenam and their Innu brothers and sisters of Matimekush-Lac John have scarred the land as well as people’s lives for more than 60 years now. The Innu are well pas their breaking point and in addition to the above legal action, IOC can expect further acts of opposition in the coming months.
Meanwhile, Rio Tinto continues to seek to sell its majority stake in IOC. And while it is clear that Rio Tinto is looking to offload assets, the Innu First Nation of Uashat Mak Mani-Utenam cannot help but feel that Rio Tinto is also seeking to offload the “Innu problem”.
“We simply wish to make clear that any purchaser of Rio Tinto’s stake in IOC will run up against the same fierce opposition that is currently underway against IOC. The conflict will not end until the more than 60 years of injustice we have endured at the hands of IOC comes to an end,” stated Mike McKenzie, Chief of the Innu First Nation of Uashat Mak Mani-Utenam.
“While Rio Tinto is looking to move on, our people are not going anywhere. We will still be here, occupying our traditional territory like we always have and unfortunately living with all the negative impacts IOC’s projects have caused and continue to cause,” added Chief McKenzie.
In fact, the Innu First Nation of Uashat Mak Mani-Utenam would like to take this opportunity to remind any potential investor looking to do business on their traditional territory (covering much of northeastern Quebec and Labrador) that they will defend to the end the principle that any project on their traditional territory requires their consent.
25 June 2013 11:36
Written by Administrator 3 The First Perspective
Analysis by Bill Gallagher: Lawyer / Strategist / Author
Resource Rulers – Fortune and Folly on Canada’s Road to Resources
Many commentators are saying that the courts are tightening up and that the native legal winning streak will be harder to maintain for future legal challenges.
They could be right but then again they could be wrong – big time!
Recently, I cautioned that natives need to be more judicious in some of the cases that they are advancing and have warned them of over-reaching (recently they incurred three losses in a row – in my view – all in legal actions that may not have furthered their social justice causes).
Still they nevertheless also won two significant procedural wins at the appellate court level: ‘cumulative impacts’ in Alberta (#180) and ‘Rupert’s Land’ in Yukon (#181). Both these key issues will now have new trials: the first potentially impacting the oilsands; the second potentially impacting 40% of Canada’s land mass. Stay tuned!
So what makes one think that natives might hit the 200 mark? A hint comes from a case decided this week on Vancouver Island having to do with the Douglas Treaties. Again the native-side did not prevail because they failed to reciprocate by discharging their duty-to-consult obligations (being as it is a two-way street) and they were properly called-out by the court for their consultation intransigence.
Likewise the British Columbia government was called-out for its narrow legal-mindedness. The following paragraph from the judgment appears at the halfway point – and took me (a close reader of rulings) completely by surprise:
d) Did the Provincial Crown have a Duty to Consult in respect of the Kwakiutl First Nation Traditional Territory beyond the KFN Treaty Lands?
[123] The Provincial Crown concedes that it had a duty to consult with respect to the treaty rights but denies this duty extended to the whole KFN Traditional Territory. (excerpt Chartrand v The District Manager 2013 BCSC 1068) (author’s underlining)
The fact that this assertion appears in a Supreme Court ruling in mid-2013 tells us something about the narrow legal mindset emanating from BC government lawyers.
Needless to say the court made short work of it:
[147] All three elements that give rise to a duty to consult in respect of the KFN Traditional Territory were present. Accordingly the Provincial Crown had a duty to consult with the KFN in respect of the Decisions and their potential for adverse impact on the KFN Traditional Territory and its treaty rights. (ibid)
No wonder the judge told BC to bear its own court costs, along with making other recommendations in the pursuit of furthering real reconciliation down the road:
[208] Although this declaration does not provide the relief the Kwakiutl First Nation advocated for in terms of their quest for a resolution of their Aboriginal land claims, neither does it ignore the problem. I encourage and challenge both the Federal Crown and the Provincial Crown to engage the KFN regarding the KFN’s asserted and treaty rights, titles and interests with a view to the negotiation of a treaty without any further litigation, expense or delay. (ibid) (author’s underlining)
While the province did adequately consult the KFN in this instance – even with this outcome – the native side did not leave court empty-handed. More over, if the same type of provincial government narrow legal-mindedness permeates the other native legal challenges presently before the courts, then hitting 200 native legal wins in the Canadian resources sector will soon be a litigation track-record certainty. And it’s no wonder then that pipelines, dams, transmission lines, woodlots, mines, run-of-river hydro projects are all heading into the legal blender in BC.
In a few short weeks, a 100-foot tall tipi will once again rise up at Place des Festivals, the main square smack in the middle of downtown Montreal, in preparation for the 23rd First Peoples’ Festival.
This year’s festival will take place July 30 through August 5 at Place des Festivals and various sites around the city, as well as across the St. Lawrence River on Mohawk territory at Kahnawake. The giant tipi anchors a state-of-the-art sound system and stage where concerts take place, films are screened, and dancers and other performers entertain and educate thousands of people who come to the festival.
André Dudemaine (Innu), the co-founder, president and artistic director of the First Peoples’ Festival, described this year’s program for the Présence autochtone—the French name for First Peoples’ Festival—in a media release.
“This is a cultural event that, as its name indicates, is a presence, and a constant one,” Dudemaine said. “Our festival’s 23rd edition flows from a far more ancient presence and constancy, the millennial cultures of the original peoples of this part of the planet. Despite many efforts to erase these peoples’ indelible mark or relegate them to invisibility, a festival in Montreal can still bear the name Présence autochtone, in dignity and pride.”
The hatchet, Dudemaine noted, has become a metaphor that hits hard and loud—artistically—in the films, poetry, paintings, sculpture and other visual arts, literature, music, legends, stories and history expressed and displayed during the weeklong indigenous celebration.
The First Peoples’ Festival began as a celebration of indigenous filmmaking, and that tradition continues to play a major role in the festival, with numerous screenings throughout the week. Indeed, the festival maintains perhaps the largest archives of indigenous films searchable at http://www.nativelynx.qc.ca/en/filmo.html.
This year’s festival will open with the world premiere of filmmaker Pierre Bastien’s Paroles amérikoises, the opening film, which will be shown on July 30 in the Grand Bibiliothèque auditorium. The film is about Innu poet Rita Mestokosho and the poets she has summoned to Ekuanitshit (“where things run aground”), an Innu community of just over 500 people who were transferred by the federal government to the remote reserve at the confluence of the Mingan River and the Gulf of Saint-Lawrence.
Mitchif (a world premiere) by André Gladu, celebrates the memory of the Métis heroes Louis Riel and Gabriel Dumont. Xingu is a Brazilian feature based on the lives of the Boas brothers, veritable South American Schindlers who saved many lives by creating the first officially recognized Indian territory in Brazil. Heart of Sky, Heart of Earth, a sumptuous German production on contemporary Maya cosmovision facing off against the destruction of natural spaces and the hope of the new era that has just begun. Two other not-to-be-missed feature films are Polvo, a story of revenge and rough justice in post-civil-war Guatemala, and the Argentine film Belleza, a diabolical intrigue involving three women—the mother, the daughter and the young Indigenous housemaid.
Poet-singer-songwriter-film director Richard Desjardins will perform l’Existoire ultime (Ulimate Existence) in his last concert before taking an extended leave from performing. Inuit musician Beatrice Deer will open the concert on August 3 at Club Soda, a legendary Montreal music venue that hosts international performers. Two major free concerts are also on tap.
“Fiddle No More is a war cry to say out loud that the bullshit is over and that Amerindians are here to stay and that their presence will be felt with even more strength and determination,” Dudemaine said. The concert will feature rockers CerAmony and Digging Roosts on August 1. The next night Électrochoc zaps the crowd with vibrant music. On August 3, all traffic stops on St. Catherine Street, the main thoroughfare of downtown Montreal, as the Nuestramericana friendship parade takes place, with Indigenous Peoples from all over the western hemisphere marching and dancing to drums. (Related: Video: UNDRIP Parade at the Montreal First People’s Festival)
Other festival happenings include a discovery tour showcasing Aboriginal Montreal; a photo exhibition of the Long Walk of Innu women to Montreal for Earth Day 2012; Inuit sculptors at work on the plaza; a cinema space in a Longhouse where the people can discover works by young First Nations filmmakers; an indigenous food stand, and a fun introduction to archaeology for kids. Finally, the festival will close with the Canadian premiere of Winter in the Blood, an adaptation of the Blackfeet writer James Welch’s novel.
Dozens of buildings were leveled and at least five people were killed, while 40 more were still missing as of Monday morning. The fracked oil was en route to New Brunswick, which is home to the largest oil refinery in Canada. From Reuters:
The train, which did not have an engineer aboard when it derailed, was hauling 72 tanker cars of crude from North Dakota to eastern Canada. It rolled downhill from an overnight parking spot, gathered speed and derailed on a curve in the small town of Lac-Megantic at 1 a.m. on Saturday.
Each car carried 30,000 gallons of crude oil. Four caught fire and exploded in an orange and black fireball that mushroomed hundreds of feet into the air and flattened dozens of buildings, including a popular bar.
“It looks like a war zone here,” said Canadian Prime Minister Stephen Harper.
The disaster plunged the media into debate: Is it safer to move oil through underground pipelines (à la Mayflower, Kalamazoo, and Keystone XL), or to move it by rail?
Frackers and tar-sands miners are extracting record amounts of oil in America and Canada. Existing pipelines can’t carry the whopping bounty to refineries, so energy companies are seeking to lay lattices of new pipes. Meanwhile, the glut of liquid hydrocarbons is being loaded onto trains, which are being sent vast distances — and are triggering high-profile spills and accidents.
The Toronto Globe and Mail argues in the wake of the Lac-Mégantic disaster that “[p]ipelines are the safest way of transporting oil and natural gas, and we need more of them, without delay.”The New York Times considers the pipeline-vs.-train question more impartially, quoting environmental experts:
Edward Whittingham, the executive director of the Pembina Institute, an environmental group based in Calgary, Alberta, said there was not conclusive research weighing the safety of the two shipment methods.
“The best data I’ve seen indicates,” he said, “depending on your perspective, both are pretty much as safe as each other, or both are equally unsafe. There’s safety and environmental risks inherent in either approach.”
Accidents involving pipelines, Mr. Whittingham said, can be more difficult to detect and can release greater amounts of oil. Rail accidents are more frequent but generally release less oil.
But the comparison obfuscates an obvious reality: The oil can’t be moved safely at all. (Same goes for natural gas.)
After a string of pipeline and rail accidents in recent years, it’s clear that letting the energy industry move incendiary bulk fluids around the continent is like tossing a book of matches into the crib to keep little Johnny happy while his folks stare at the television. And that’s without even considering the climate impacts of the fossil-fuel mining binge, or the many hazards of fracking.
The weekend tragedy is a reminder that the energy industry can’t be trusted to do anything safely, let alone transport oil.
Sock and supporters of John Levi in front of Moncton Courthouse. Photo: Miles Howe
Mike Howe, Halifax Media Co-op
Elsipogtog War Chief John Levi was today sent to jail until Monday morning at 9:30am, which, according to the presiding judge, was the “earliest convenient time” to set bail.
Levi stands accused of two charges, both related to an anti-shale gas action that took place on June 21st. The first, mischief, is most likely related to the actions of four people, three of whom went out onto highway 126 into the path of SWN Resources Canada’s seismic testing trucks. These four people were arrested – along with eight others on that day – and Levi stands accused of telling protesters to “stand their ground”.
It was three later arrests that broke through an RCMP line and attempted to halt the moving trucks. One woman was also arrested and subsequently punched in the mouth by RCMP, as she attempted to get to her partner, who had thrown himself under the bumper of a moving truck.
Levi also stands accused of obstructing justice, which, actually, is allegedly related to him and I leaving highway 126 together in his truck on June 21st. For that day, I stand accused of ‘threatening’ an RCMP officer. Yesterday, when I was first charged at RCMP ‘Codiac’ station in Moncton, I was also charged with ‘resisting arrest’. This was later changed to ‘evading arrest’ and then subsequently to ‘obstruction of justice’ for alllegedly walking away from the officer that I allegedly threatened, who then allegedly arrested me.
That I was not charged with anything until yesterday, July 4th, suggests that officer Richard Bernard, who allegedly did the arresting, kept the matter of my charges – and subsequently at least one of John Levi’s charges – totally to himself.
There have been ample opportunities to charge me – and Levi – with whatever the RCMP might have liked. Why they chose not to do so, and then arrest us two weeks later, must remain in the realm of conjecture for the moment.
For example:
On June 22nd I was pulled over and my licence was run by the RCMP. There was no charge against me.
On June 24th I was highly visible at an anti-shale gas action in Browns Yard, New Brunswick. No officer approached me to inform me of my arrest.
On June 30th, I gave two RCMP officers a statement in relation to a fire to which I was the first responder. Not only was there no charge at this time, but these RCMP officers then offered me “financial compensation” if I would alert them to information related to the fire or any plans I might hear of that might endanger people or equipment.
This does raise the question:
If no one in the RCMP, save perhaps officer Rick Bernard, knew that I was charged with anything, then how could John Levi have possibly known that he was obstructing justice by having me in his truck when we drove away from the site of the 12 arrests on June 21st?
Levi, for his part, has also suffered numerous threats from the RCMP since June 21st.
“He’s received a lot of phone calls and texts from RCMP, demanding and even threatening him.” said Amy Sock, one of the encampment’s spokespeople, outside of the Moncton courthouse.
“[The RCMP have been saying] they want to see him today, and if not today then they’re going to catch him one day.”
It is also important to note that Levi was never charged with anything until I was charged yesterday. I was arrested at 12:34pm; Levi’s parole officer was served with a notice to appear at approximately 2pm.
Levi is currently on probation for attempting to exercise Treaty fishing rights.
It is also important to note that both my arrest and Levi’s arrest just so happen to have occured yesterday, July 4th. This is the first day that SWN Resources Canada has worked in over a week.
In court this morning, Norma Augustine, Levi’s aunt, attempted to plead with the judge to overturn the decision to imprison her nephew until Monday. The presiding judge stood up while Augustine – an Elder in the Elsipogtog community – was in mid-sentence, and walked away. Many in the nearly packed courtroom turned their backs on the judge as he exited.
“Just because he’s in jail does not mean that this fight will be over. In fact it means more support. More people will be here,” said Sock. “Look at all these people that came here and left at 8 o’clock this morning for John Levi. Because we believe in him and we believe in what he’s doing.”
SWN work update
Unconfirmed sources say that SWN Resource Canada has halted work for the day on ‘Line 5′, the back woods seismic line west of highway 126. The work stoppage is apparently related to a threat for workers’ safety.
“Walking With Our Sisters” is a commemorative art installation for the missing and murdered indigenous women of Canada and the United States.
Representing the unfinished lives of over 600 missing or murdered Indigenous women in Canada, the Walking With Our Sisters project contains only part of a moccasin, the vamp. The vamp, the top part of a moccasin, is most visible and is often beautifully decorated.
Walking With Our Sisters is a commemorative art installation to honor the lives of missing and murdered Indigenous women from Canada and the United States. Organizations such as the Native Women’s Association of Canada have documented nearly 600 cases of murdered and missing indigenous women in Canada that have occurred over the past 20 years. Because of gaps in police and government reporting, the actual numbers may be much higher according to Amnesty International of Canada. Although similar data is not available in the United States, according to the U.S. Department of Justice, American Indian women are 2.5 times more likely than other races to be victims of sexual assault.
A large collaborative installation artwork, Walking With Our Sisters will be presented as a winding path of more than 300 feet of fabric on which the 600 vamps will be laid on the floor. Visitors will have to remove their shoes to walk along a fabric path next to the vamps.
Christi Belcourt, a painter living in Espanola, Ontario of the Otipemiswak/Michif or Métis Nation, came up with the idea while working on a series of paintings to honor women. She paints in acrylic on large canvases depicting floral designs on black background; the images resemble beadwork, she says.
While envisioning her new project, she began noticing the large number of Indigenous women reported missing by friends and family on Facebook. The lack of response from authorities bothered her as she considered that some of the missing girls were the same age as her 15-year-old daughter.
The idea of creating a work that would at once honor and provoke discussion about the number of missing and murdered Indigenous women emerged. “It just blended together,” she recalls.
At first she considered doing the project alone, but the idea of beading six hundred pairs of moccasin tops was daunting, so she began sending out Facebook messages asking for help. Within days she had commitments from more than 200 people who wanted to create vamps for the project. Soon, the project took on a life of its own; she got inquiries from other artists who wanted to get involved as well as people asking how the installation could be brought to their communities.
Belcourt envisions the installation this way: after cedar is laid down on the floor of the exhibition or gallery space, red cloth will be placed over the top. A gray fabric path will wind over the red cloth, its shape defined by the size and dimensions of the space. The vamps will then be placed on the gray path, allowing people to walk beside them. Tobacco will be available at the entrance to the pathway for those who wish to use it for prayer. People can place the tobacco in a vessel at the exit of the installation.
“The installation becomes a place for prayer,” she explains. “There is also sensory memory that people will take with them after leaving the exhibit. It’s not like walking into a space and just seeing work, you have to experience this.”
Before the exhibit is set up in its first venue—the Haida Gwaii Museum in Haida Gwaii, British Columbia for an August 23 opening—Walking With Our Sisters collective members will feast the vamps in ceremony. This sends a message that the artists are following traditional protocol and will encourage those hosting the installation to honor it with their own traditional ways, according to Belcourt.
Each pair of vamps represents the unfinished life of one woman. Belcourt and the creators of Walking With Our Sisters hope that the experience of walking next to the vamps will have a strong impact on participants and encourage people to begin speaking about the issue of missing and murdered women. “There has been an awful silence around this,” she observes. “There has been a silence by government, by police and by the dominant society; it’s as though Indigenous women’s lives aren’t considered important,” she says.
Belcourt’s hope is that visitors to the installation will be empowered to speak about this to other people and that concern will spread. She notes that there has been a call to the Canadian government for a national inquiry into the issue of missing and murdered Indigenous women. “So far, the government has resisted this call,” she says.
Belcourt and her fellow artists received funding by crowdsourcing via Rockethub, Twitter and Facebook. So far, they have raised about $5,000, which covers fabric and supplies. “No one is getting paid for this work, it is 100 percent volunteer,” she adds.
So far, the exhibit is booked to tour through 2018 in Canada and the U.S.
Belacourt says that if she receives more than 600 vamps, the “overage” will be incorporated into the project. “It is widely believed that there are more than 600 missing and murdered Indigenous women. The 600 number refers to the cases verified by the Native Women’s Association of Canada,” she notes.
The following description is listed on the Facebook Walking With Our Sisters page under the “about” tab, “This project is about these women, paying respect to their lives and existence on this earth. They are not forgotten. They are sisters, mothers, daughters, cousins, grandmothers. They have been cared for, they have been loved, and they are missing.”
To learn more about Walking With Our Sisters or to make donations, visit the Facebook group page or e-mail Christi Belcourt at WWOS@live.ca.
Activists with No More Silence and Idle No More unveil surprise banner at Canada Day celebration in Toronto, call attention to Missing and Murdered Indigenous Women
At this evening’s Canada celebration at Mel Lastman Square, a group of activists as part of Idle No More’s Sovereignty Summer campaign, scaled the main stage at Toronto’s official Canada Celebration and ‘dropped’ a banner reading, “Oh Canada, your home on Stolen Native Land.”
Also, members and supporters of the group No More Silence were on hand at Mel Lastman’s Square handing out educational flyer’s about Idle No More and also No More Silence’s campaign to call attention to the tragedy of Missing and Murdered Indigenous Women. Silvia McAdams, a spokesperson for Idle No More says, “there is a deep interconnection between the ongoing extractive industries based economy of Canada and the violence that industry represents against our most sacred mother earth and this country’s ongoing failures to address and resolve the murdered and missing First Nations women’s and girls’ crisis. Sovereignty Summer calls for an immediate national Inquiry led by grassroots Indigenous women to develop a national action plan.”
Also on hand were activists dressed up as a promotional team from RBC, handing out flyers for a fictional “Colonialism Dividend” for Canada Day. “The point of this is to call attention to the source of Canadian wealth: Native land and resources,” says Audrey Huntely of No More Silence. “While the stereotype of the drunken lazy Indian living on hand outs persists it is in fact Native land and resources that make up the riches of this country – projects like the tar sands financed by banks such as RBC generate huge profits for a few while destroying the land and communities in their path. Hand in hand with this destruction go skyrocketing rates of violence against women. In fact Native women are five to seven times more likely to be murdered than other women,” Huntley says.
Sovereignty Summer is the new campaign of the Idle No More movement and the Defenders of the Land Network, intended as an education and action-based campaign focused on Indigenous Rights and in defense of Mother Earth. Building on the momentum and enthusiasm of the Idle No More Winter and Spring towards a strategic and effective next stage of this movement.
With the constant barrage of news headlines we’re confronted with, it can be very difficult to get a good fix on what exactly is going on these days, especially if you don’t know where to look. Most news providers are only interested in the latest trends (and, of course, whatever’s going to pay the bills). They ignore everything else.
In light of that fact, we wanted to put together a short briefing of important indigenous struggles that are taking place right now in Canada and the United States.
Note: If you know of something that isn’t on this list, please feel free to mention it in the comments below. All additional struggles will be added to the end of this briefing.
Last Updated: March 15, 2013
Mi’kmaq
Citizens from two different Mi’kmaq communities recently carried out an 11-day hunger strike to oppose the Made in Nova Scotia Process and the Made in New Brunswick Process, two framework agreements that follow a nationwide template in Canada that aims to extinguish Aboriginal sovereignty and title. Ultimately, the chiefs taking part in the process did not opt entirely, however, they did agree to halt negotiations until their communities can become better educated as to exactly what is at stake. The Mi’kmaq of Unamaki, meanwhile, are still attempting to deal with a proposed shale gas fracking development project at Lake Ainslie, the largest freshwater lake in Cape Breton.
Pit River Tribe
The Pit River Tribe Of California unanimously affirmed their opposition to geothermal and other industrial developments in the sacred Medicine Lake Highlands, located in Northeastern California . In a recent public statement, the tribe explained that “Geothermal development in such a sensitive hallowed place will despoil the environment and harm the Pit River Tribe.” Pit River has been struggling against geothermal development in the region since the 1980s, when the Bureau of Land Management (BLM) sold geothermal development leases to three corporations without consulting anyone.
Red Lake Anishinaabe
The Red Lake Anishinaabe Nation recently stood up to Enbridge Energy LP, a company that is openly trespassing on Red Lake Ceded lands in Minnesota, operating multiple pipelines without an easement. Through their ongoing protest camp, Nizhawendaamin Indaakiminaan, a group of grassroots Red Lake tribal members and allies, are demanding that the flow of oil through these pipelines be stopped.’
Havasupai
The Havasupai Nation joined forces with three conservation groups to sue the U.S. Forest Service over its decision to allow Energy Fuels Resources, Inc. to begin operating a uranium mine near Grand Canyon National Park without initiating or completing formal tribal consultations and without updating an outdated 1986 federal environmental review. As stated in a recent joint press release, “The Canyon Mine threatens cultural values, wildlife and endangered species and increases the risk of soil pollution and pollution and depletion of groundwater feeding springs and wells in and near Grand Canyon.” For more on the active threat of uranium mining at the Grand Canyon, please see here.
Mathias Colomb Cree Nation
The Mathias Colomb Cree Nation (MCCN) and The Wilderness Committee are working to oppose Hudson Bay Mining and Smelting Company’s (Hudbay) new Reed Mine project in Grass River Provincial Park. Pointing to unaddressed environmental concerns and a lack of free, prior and informed consent, MCCN Chief Arlen Dumas recently explained, , “The Reed Lake mine proposed by Hudbay is within the unceded traditional territories of Mathias Colomb Cree Nation. This proposed mine raises serious concerns in relation to caribou populations, water quality, and carbon emissions. The province of Manitoba and the proponent, Hudbay, have failed to meet with MCCN, the true owners of these lands and resources, in good faith to obtain our free, informed and prior consent on any proposed activities within our territories.”
Muscogee-Creek
Hickory Ground Tribal Town member, Wayland Gray, Muscogee-Creek, was recently arrested and charged with making a terrorist threat for peacefully entering the construction site of the expansion of the Wind Creek Wetumpka Casino. Wayland, who was arrested with three others, entered the site to pray over the desecration of the grounds because it is where 57 ancestral remains were unceremoniously moved to make room for the casino expansion. Wayland has since been released form jail, however, the charge of uttering a terrorist threat remains. Watch a video of the arrest.
Innu
In Quebec, the Innu are continuing to reject the “North for all” plan, a massive economic, social, and environmental development project that will directly impact Innu tradition, culture, language and history. The Plan Nord is a multi-faceted resource-exploitation project that involves digging mines, expanding forestry, and damming a slew of rivers.
Lummi
The Lummi Nation is continuing to push against the proposed Gateway Pacific coal terminal at Xwe’chi’eXen (Cherry Point), a sacred landscape the Lummi have relied on for over 3,500 years. The proposed terminal and shipping point would be used to export Powder River Basin coal to China. If built, the project will set the stage for the possible destruction of all live in the Salish Sea. As Jay Julius, member of Lummi Nation tribal council recently pointed out, it could also destroy underwater archaeological sites and upland burial grounds. Late last year, a wid spectrum of Native and non-Native Fishers joined the Lummi Nation to oppose the project.
Wolf Lake and Eagle Village
While not a struggle per se, there is a situation with a proposed ‘rare earth’ mine that we should keep an eye on, for obvious reasons. In western Ontario, Wolf Lake and Eagle Village First Nation have entered into a Memorandum of Understanding (MOU) with Matamec Explorations Inc., over a proposed yttrium-zirconium mine. Rare earth mines have gained alot of attention over the past couple years for the notorious amount of pollution they produce. The two First Nations are undoubtedly aware of this, however, they have decided to take a facts-based approach concerning Algonquin cultural impacts social economic impacts and specific environmental impacts.
Lake St. Martin First Nation
The entire population of the Lake St. Martin First Nation continues to remain homeless after their reserve was drowned in water by the Manitoba government in 2011. As if the loss of their homes was not enough, the people of Lake St. Martin were left with no choice but to relocate to an old military base that has no infrastructure. For more on this, be sure to look at: Flooding Hope: Displacement Politics by the Province towards Lake St. Martin First Nation.
Dineh, Hopi and Zuni
A coalition of Indigenous and non-indigenous groups are working to stop the development of the Grand Canyon Escalade project at the confluence of the Colorado and Little Colorado Rivers on the Navajo Reservation in Arizona. The $120 million resort and tramway project is being pushed forward by the Navajo Nation government despite the obvious risks to the environment and the cultural and spiritual well-being of the Dineh, Hopi and Zuni Peoples. Several groups have come together to stop the project, including the Diné Medicine Man Association, Inc., Forgotten People, Next Indigenous Generation, and the Grand Canyon Trust. Hopi leaders have also unanimously agreed to oppose the commercial initiative.
Ohlone, Miwok and Yokut
The Ohlone, Miwok and Yokut peoples are working to protect Brushy Peak, a sacred place near Livermore, California, that is a part of their origin stories. The East Bay Regional Park District (EBRPD), which maintains and operates a system of regional parks within the San Francisco Bay Area, wants to turn the area into a recreational preserve against the wishes of the concerned Indigenous peoples. Buried Voices, a new documentary film by Michelle Steinberg, provides a great deal of insight into this ongoing struggle. Other recent struggles in the region include the effort to protect Glen Cove (Sogorea Te) and Rattlesnake Island.
Navajo, Hopi, Apache, Acoma, Zuni…
The long-running struggle to defend the San Fransisco Peaks continues in Arizona, despite the fact that the infamous Snowbowl has since become the first ski area in the world to make fake snow from 100% treated sewage waste water. Activists working to defend the Peaks lament that “We have temporally lost this battle with attacks on us from the U.S. Forest Service and the so called U.S. ‘judicial system’”. Nevertheless, they remain committed to stopping the production and use of the disgusting snow.
Anishinaabe
A group of Anishinaabe citizens from seven different communities/reservations in northern Minnesota are struggling to defend the sacred manoomin (wild rice) from the dire impacts of sulfate contamination. the group, known as Protect Our Manoomin is working specifically to oppose mining legislation that endangers manoomin and the ecosystem of northern Minnesota; and to educate and inform Anishinaabe communities of the imperilment of nonferrous mining. Companies that are currently threatening manoomin include PolyMet/Glencore, Twin Metals/Antofagasta, and Kennecott/Rio Tinto.
Ktunaxa
The Ktunaxa, meanwhile, are continuing to resist an impending cultural and environmental disaster in southeastern British Columbia. The Jumbo Glacier resort proposal, located in the heart of Qat’muk (GOT-MOOK), threatens critical grizzly bear habitat, and ignores the cultural and spiritual significance of the area to the Ktunaxa. According to Ktunaxa belief, Qat’muk is home to the Grizzly Bear Spirit, which makes it a culturally pivotal sacred site. The BC government, in order to move forward with the project, recently created the Jumbo Glacier Resort Municipality (JGRM), a municipal body that doesn’t represent any actual people. The undemocratic body is being challenged in court.
Asubpeeschoseewagong
Grassy Narrows is gearing up for yet another court battle in their decade-long struggle against clearcut logging on their territory. In January, the Ontario Government began proceedings to overturn a major legal victory that was eleven years in the making. On August 16, 2011, Ontario Superior Court Justice Saunderson found that the Government of Ontario did not have the power to unilaterally take away rights outlined in Treaty 3. The province preposterously claims that Justice Saunderson’s analysis was the “antithesis of reconciliation.” Grassy Narrows meanwhile, continues to cope with the impacts of mercury pollution on their lands along with White Dog FN and some members of Wabauskang who lived at Quibell. In March 1962 Dryden Chemicals began dumping an estimated 10 metric tonnes of mercury into the Wabigoon River, contaminating the fish which formed the subsistence and economy of all three communities. The mercury was never cleaned up.
Dineh
Returning to Navajo territory, uranium companies are working double time to convince the Navajo nation to let them mine their “uranium-rich” land, despite the overwhelming number of abandon uranium mines that continue to pollute the territory. There are over 1000 abandon mines.
The Confederated Tribes of the Goshute
Elsewhere in the Southwest, the Confederated Tribes of the Goshute are stepping forward to stop a water pipeline that has been proposed by the Southern Nevada Water Authority (SNWA). According to the Protect Goshute Water website, the pipeline “would draw 150,000 acre feet per year from the Great Salt Lake Watershed Basin lowering the water table, drying up our springs, and fundamentally changing access to water over this vast region for plants, wildlife, and people.. Even a slight reduction in the water table will result in a cascade of wildlife and vegetation impacts directly harming our ability to engage in traditional practices of hunting, gathering, and fishing on ancestral lands.”
Cree
The Grand Council of the Crees just called on the Quebec government to move forward with its plan to convene an independent evaluation of the uranium industry in Quebec. The Cree Nation of Eeyou Istchee has consistently stated its opposition to uranium mining in all its forms in the Eeyou Istchee James Bay territory. In August 2012, the Cree Nation enacted a permanent moratorium on uranium exploration, mining, milling and waste emplacement in Eeyou Istchee. The Crees are also intervening in the legal proceedings recently commenced against Environment Quebec by Strateco Resources, the proponent of the Matoush advanced uranium exploration project, the most advanced uranium project proposed to date in the Province.
Dene
The Yellowknives Dene First Nation (YKDFN) and Lutsel K’e Dene First Nation (LKDFN) announced in February that they will not support the proposed Nechalacho rare earth mine at Thor Lake, about a 100 km southeast of Yellowknife. The project would exploit a total 15 rare earth metals – including radioactive ones like uranium and thorium. The YKDFN explained their opposition stems from a deteriorating relationship with the company behind the project and that the potential environmental impacts resulting from the project far exceed the perceived benefits.
Winnemem
The Winnemem Wintu Tribe and their allies are pushing against the proposed Shasta Dam expansion project, which would flood the Winnemem’s sacred sites for a second time! The proposed expansion also jeorpardizes the site of the Winnemem Coming of Age ceremony. Furthermore, in conjunction with the Bay Delta Conservation Plan it would also hasten the extinction of Central Valley salmon, steelhead, Delta smelt, longfin smelt, green sturgeon and other fish species.
Amidst these many struggles, there are numerous efforts around the continent dedicated to reclaiming, revitalizing, and securing traditional languages, many of which are on the brink of extinction. In Canada alone, there are over 60 communities working to record/document their languages before they are lost. As highlighted at Our Mother Tongues, language revitalization efforts include the Akwesasne Freedom School, the Chumash “Silent No More” project at the University of California at Berkeley, the Wicoie Nandagikendan: Dakota-Ojibwe Language Immersion Preschools and the Wôpanâak Language Reclamation Project. Also, The Squamish Language is making a come back; and efforts are underway for language reclamation at Shoal Lake. Then there is the Digital Indigenous Democracy project, described by Christa Couture of RPM.fm as “a remarkable endeavor that will bring interactive digital media to eight remote Baffin Island Inuit communities – communities whose 4,000 year-old oral language will become extinct without digital media to carry it forward into the next generation.” There are many other programs and efforts across the US and Canada; new ones are appearing all the time.
Attawapiskat First Nation
In recent months, the Cree community of Attawapiskat has held a constant presence in the news. Most notably, Attawapiskat Chief Theresa Spence carried out a six week fast as a part of IdleNoMore; and let’s not forget the coordinated media effort to discredit her in order to weaken the IdleNoMore movement. Last month, members of Attawapiskat also set up a blockade on the road leading to the De Beers Victor mine with a second blockade by a different group of Attawapiskat citizens who wanted their own concerns addressed. Meanwhile, the reserve continues to cope with a long-standing housing shortage.
Wet’suwet’en
For more than 15 months, the Grassroots Wet’suwet’en peoples have maintained The Unist’ot’en Camp, a resistance community that was established to protect Wet’suwet’en territory from several proposed pipelines from the Tar Sands Gigaproject and shale gas from Hydraulic Fracturing Projects in the Peace River Region. Most recently, in November, the Wet’suwet’en of the C’ilhts’ekhyu and Likhts’amisyu Clans confronted, and escorted out, employees and drillers of the Pacific Trails Pipeline (PTP) who were attempting to enter Wet’suwet’en lands without consent.
Aamjiwnaang
Aamjiwnaang is an Anishinaabe reserve located just outside of the city of Sarnia in Southwestern Ontario–an read well known as “Chemical Valley.” Home to 40% of Canada’s petrochemical industry, the Chemical Valley region experiences some of the worst air pollution in Canada. The Aamjiwnaang Reserve, boxed in by industry on three sides, bears the brunt of this pollution. Currently, two Aamjiwnaang band members, Ron Plain and Ada Lockridge, are confronting this with a lawsuit against the Ontario Ministry of Environment (MOE) and Suncor Corporation. Their argument is a simple one: they believe it is a basic human right to step outside one’s home and not breathe air harmful to one’s health. Another challenge faced by the community is the lack of legal protection from spills and intentional dumping of toxic chemicals within the reserve, a problem that is known very well by reserves across the country.
Blackfeet
For the past few years, the Blackfeet Nation in what is now northern Montana have been struggling with a problem that has now reached several reserves across the continent: the controversial practice known as fracking. In the case of the Blackfeet, who are one of three members of the Blackfoot Confederacy, fracking has not only harmed the land. It has also divided the Blackfeet People. Since 2009, the Blackfeet Nation Tribal Council has taken it upon itself to lease out 1 million acres or 66% of the reservation to three companies: Newfield, Anschutz Exploration, and Rosetta Resources. Blackfeet citizens have had little say in the actions of the Tribal Council, nor opportunities to learn about what is being done on their land. Fortunately, there are those among the Nation who are demanding accountability, transparency, and who wish to defend their land from the pollution of oil and fracking chemicals.
Kanai (Blood Tribe)
The Kanai, another member of the Blackfoot Confederacy, find themselves in much the same situation as their southern relatives, the Blackfeet. In this case, the Kanai Tribal and Business Councils signed almost half of the reserve over to oil companies, again, without any involvement from the citizenry. The situation gained major headlines in 2011 when three Kainai women carried out a protest on the Blood Reserve, in southern Alberta. Soon after the protest began, all three women were arrested and charged with trespassing and intimidation. Sadly, there have been no other major protests since then.
Athabasca Chipewyan
In northern Alberta, the Athabasca Chipewyan First Nation (ACFN) is trying to stop an oilsands expansion project on their traditional territory. Industrialization of the Denesuline community’s traditional territory has lead to the cumulative removal of lands, wildlife and fish habitat as well as the destruction of ecological, aesthetic and sensory systems. The expansion of Shell’s Jackpine Project would cause even more damage, specifically at Poplar Point, the heart of the ACFN homelands.
Barriere Lake Algonquins
For more than twenty years, the Algonquins of Barriere Lake have been struggling to get the governments of Canada and the Province of Quebec to honour the landmark 1991 Trilateral Agreement, an alternative to Canada’s preferred negotiation policy, called the “Comprehensive Land Claims.” Canada has tried every trick in the book in order to get out of the 1991 agreement, including placing the community under third party management using Section 74 of the Indian Act. The community has won some important victories over the last couple years – and one or two that were less than ideal – nevertheless, ABL presses on. Most recently, the Algonquins made there position clear on proposed exploration activities of the junior mining company Copper One.
Representatives of the First Nations Leadership Council, the BC Assembly of First Nations and the Tsilhqot’in Nation providing public comment in advance of the Federal Review Panel for the proposed New Prosperity Gold-Copper Mine project. The public hearing will begin in Williams Lake, B.C. on July 22, 2013, and will be completed within approximately 30 days.
“We are glad to work in solidarity with the Union of BC Indian Chiefs, First Nations Summit and the BC Assembly of First Nations on these issues of national importance as they affect Aboriginal people across Canada. We will be at the Supreme Court of Canada on November 7, 2013 for our Title Case and yet still we start panel hearings for the proposed Prosperity mine July 22, 2013. This proposed mine is within the Tsilhqot’in claim area and has already been denied once by the Minister of Environment. This is precedent setting and we will not back down,” said Chief Joe Alphonse, Tribal Chairman of the Tsilhqot’in National Government. “Our own experience with this company, Taseko Mines Ltd., should inspire First Nations to stand up for your land, not cave in to industry and to express that development has to be on our terms – we need a meaningful say on our land and bad projects should not proceed in an area as sensitive and culturally important as Teztan Biny.”
“The Tsilhqot’in Nation has demonstrated extreme patience – we have said we are not opposed to economic development, but that this is the wrong project, in the wrong place and it cannot be approved,” stated Chief Roger William of Xeni Gwet’in “We will share with the Panel our unchangeable values and express our deep concerns of the threat to Teztan Biny (Fish Lake) and the contamination of our lakes and streams. We firmly believe that like the last Panel, this review will demonstrate the extremely high risk that such a mine poses in such a sacred place.”
BC Assembly of First Nations Regional Chief Jody Wilson-Raybould remarked “Yesterday’s provincial Throne Speech spoke of securing non-treaty economic benefit agreements, finalizing long-term treaties and seeking additional revenue-sharing agreements. We all want opportunities for economic development but not at all costs. Our culture and lands are vitally critical to the health and well-being of our communities.”
Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs, said “This bad project is one of the first to be forced through the now gutted federal environmental review process borne out of the Harper Government’ omnibus bills C-38 and C-45. If this review fails to come to the same conclusion as the last one, then we’ll know that the changes to the EA process are indeed about approving disastrous and unscrupulous projects over the objections of First Nations and the general public and at the great expense to the environment.”
Robert Phillips, member of the Political Executive of the First Nations Summit, stated “This is also a test case of the federal government’s commitment to First Nations Title, Rights and Treaty Rights. If spending 20 years in court proving our rights means nothing at the end of the day, then we only see conflict on the ground.”
For further comment please contact:
Chief Joe Alphonse, Tribal Chair
Tsilhqot’in National Government 250-392-3918
Chief Roger William
Xeni Gwet’in 250-392-3918
Grand Chief Stewart Phillip, President
Union of B.C. Indian Chiefs 604-684-0231
Colin Braker, Communications Director
First Nations Summit 604-926-9903
The failure of Canadian oil and gas producers to get world prices for their product costs the country $28-billion a year, according to the last budget, reducing federal government revenues by $4-billion. No wonder Ottawa has been so keen to push projects that would help get natural resources to Asian and European markets.
Part of the solution is to build new pipelines, but the news on that front has been decidedly mixed. The Northern Gateway pipeline to Kitimat, B.C., looks as dead as a Norwegian blue parrot. The regulatory process is still ongoing, but negative public sentiment in B.C. makes it look a long shot.
The Keystone pipeline between Alberta and the Gulf Coast hangs in the balance, at the mercy of Barack Obama’s new climate change action plan. The President said Tuesday the project will only be given the go-ahead if it does not “significantly exacerbate” carbon pollution. Quite what that means remains a riddle, wrapped in a mystery, inside an enigma. Like Churchill’s famous quote about Russia, the key to that riddle may be America’s national interest. The Harper government argues this would be best served by North American energy security, where Canadian crude replaces equally high carbon imports from Venezuela and Nigeria. It’s not yet clear whether the President is convinced.
Such is the uncertain future of both projects that great store has been placed in nascent plans by both Enbridge and Trans Canada Corp. to transport crude eastward to refineries in Quebec and New Brunswick, from where it could be exported. (Enbridge is proposing to reverse an existing oil pipeline between Sarnia and Montreal. Line 9A from Sarnia to Westover, near Hamilton, has been granted regulatory approval; public hearings on Line 9B to Montreal will begin this fall. Trans Canada is proposing to convert existing natural gas pipelines for oil transportation between Alberta and tank terminals in Quebec City and Saint John, N.B.).
Politicians of all stripes have shown unusual solidarity in support of moving oilsands crude eastward. The good news for the pipeline companies is that there has not been concerted opposition from environmental and native groups to their proposals – until now.
Last Thursday, a group of environmental protestors took over a pumping station north of Hamilton. The action, dubbed Swamp Line 9, was aimed at blocking plans by Enbridge to reverse Line 9’s flow pipeline, which would allow it to eventually pump up to 300,000 barrels of diluted bitumen from the oilsands.
Early Wednesday, police raided the Enbridge pumping station and arrested 20 people.
But that is unlikely to be the end of the matter. The protest was supported by numerous environmental groups, Idle No More and the Occupy movement. This is the activist equivalent of a camel – the veritable horse designed by committee. Each group has its own agenda – the environmental NGOs want to make Energy East a proxy war for the oilsands and bottleneck production on the Prairies; Idle No More threatens more non-violent protests as part of its Sovereignty Summer, unless Ottawa recognizes the rights of native groups to say no to development on their traditional lands (among other demands); while Occupy calls for a “total restructuring of the political and economic system” no less.
Line 9 has been carrying conventional crude from east to west for 20 years without incident, but this protest has been sparked by claims that diluted bitumen from the oilsands is more acidic and corrosive, and thus more likely to spill
Line 9 has been carrying conventional crude from east to west for 20 years without incident, but this protest has been sparked by claims that diluted bitumen from the oilsands is more acidic and corrosive, and thus more likely to spill.
With uncanny timing, the protest culminated just as the U.S. National Research Council released its findings on the transportation of diluted bitumen, concluding that claims by such groups as Friends of the Earth are false. “Diluted bitumen has no greater likelihood of accidental pipeline release than other crude,” the report said.
However, as native environmental activist Clayton Thomas Muller pointed out, Enbridge’s track record on leaks has done the protesters a big favour. It was an Enbridge pipeline that spilled 3.3 million litres of oil in Michigan and the company reported another leak in northern Alberta last weekend.
“Their narrative is unraveling with every spill,” he said.
The Sovereignty Summer is still in its infancy – rallies in sympathy with the Swamp Line 9 protest across the country were sparsely attended Tuesday. But if unrest becomes more coordinated, this could be the start of a long, hot summer.
Line 9 runs through the traditional lands of the Six Nations of the Grand River in southwestern Ontario. As the Six Nations proved in the Caledonia land dispute, they are a far bigger impediment to development they consider unwelcome than a rag-tag band of environmentalists.
While the sea may refuse no river, the quest for Canadian crude to reach tidewater is proving a good deal more problematic.
