Supreme Court, Indigenous People, Canada discussed on Front Burner

Front Burner


Too I JUST WANNA step back here and distill the story with you for a moment. You and I've talked about this on the podcast before but but for those who are just coming to this or may need a refresher at the heart of this conflict is not just a pipeline. Right as you mentioned before it's about laws and about ownership of land. Tell me more about what this is all about. Yeah absolutely so I mean I think it's overly simplistic a stick to describe it as an anti pipeline protest camps and you know then other people who are pro pipeline. They were talking about a situation where there are many truths happening at the same aim time so yes it is true that the BC's Supreme Court in order granting an injunction for coastal gas link. It is true that the courts say under a case law or the common law system. You people who are impeding access to at this approved and permited pipeline project cannot keep walking them or and and Put in enforcement orders for the CPI two to empower them to arrest people if they didn't abide by that So December thirty first in two thousand nineteen was when the court the final ruling on this case or at least at the Supreme Court level when we arrested a year ago that was under an inch junction. So December thirty first comes now it is what is described as an interlocutory Tori injunction which just means it stands okay and so December thirty first rolls around in Stoughton is still very much built up. There's a new camp that's been built up at the forty four kilometer mark mark and then there's all anticipation of of enforcement actions and so the pipeline company. Said you know wants to get in there and and do its job in his standing. By this this court decision and It does have agreements with twenty first nations along the route of this pipeline elected. Chief Dan George Burns Lake first. Nation nations signed a benefit agreement with coastal gasoline. Twenty fourteen. But he's working towards equity ownership of the pipeline won't need any money from Ottawa anymore. We can run our our own businesses by ourselves under our own condition. So I think it's going to help a lot of first nations get out of poverty in the North End. That's where you see this tension between Green The colonial sort of system of governance imposed on indigenous people versus You know systems of government that have existed before Canada was was the thing so with the whatsoever and specifically they are still under the Indian act system and so their nation as they would find themselves has been broken up into six Indian enact bands all with their own chief counsel systems and five of those six bands did sign agreements with coastal gas link Which means they receive direct financial initial payments for it and they receive contracting opportunities but at the same time the whatsoever and hereditary chiefs are like no no no like you don't have authority Indian Act Band Council to make these types of decisions off reserve right and so because the pipeline doesn't go through any reserve land it's in the traditional territory royal the wet Soican nation which you know they do have weight when they say that they do have a Supreme Court of Canada decision behind them? We're talking about the Delta Mook Decision Right Dell Komo Kyya so and that's really seeing like the the lack of resolution from a from a Supreme Court of Canada decision from nineteen ninety-seven where the that gets an hereditary. Choose and so tim. Hereditary chiefs cl- together went to the court demanding sort of a ruling on their rights and title. And the court did. Confirm saying you know. Nobody ever signed a treaty with you. You've never seated or surrendered title your rights entitled to Your Land With Your traditional little territory and then up at the court couldn't say okay so now we say you have rights entitled to the slander particularly title. They punted it back to the whatsoever nation and and the governments in Canada. The Canadian governments to say you guys need to go in and figure this out and that still hasn't happened and I think that's really at the root of what we're seeing. Is this unfinished business of Nation Building and government to government relationships at a time when we're hearing so much talk about the United Nations Declaration on the rights of indigenous in his people Supporting first nations to be self determining So so for a lot of people who are taking action especially in first nations across the country. I think that's really where they're seeing this fight and at the same time there are people who are saying get this thing built their jobs on the line there billions of dollars on the line here with this project objects that went through the process and got all of the permits and approvals that it needed to do its work right. It's an untenable situation then true on both sides and also you know You mentioned the the UN Declaration on rights of Indigenous People. Were also talking about reconciliation a lot in in this country as well which is a question that has come up consistently through this controversy more troops Warren Beatty troops organs reconciliation and is at the center of these protests. That we're seeing around the entire country right now. Tell me a little bit about what we've been seeing the last couple of days. Ace Yeah we've been seeing Actions pop up all over the place for civil disobedience sit ins protests. I know here in uncover the you know the port Vancouver entrances were blocked Vancouver. Police release them numbers. They said there've been with thirty. Three arrests brass The delta porter was blocked railed blockades have been showing up. There's a sit in with indigenous youth who'd occupying at the front of the legislature and they. There are demanding that the CPI leave the area. And and I think at the same time maybe part of that unrest is that there isn't any clear clear resolution to this dispute as it stands you know with people dug in positions in in government in in the courts in all these things all these truths that are happening at the same time have created this scenario where we hear a lot of talk about people wanting a peaceful resolution to this but increasingly or you're continuously not really seeing how that may be possible if this project continues along that route and oh it. totten remained adamant in their position. Asian those arrested on Thursday and their supporters say despite the police action. They're not going anywhere because there are no way back. You can rest us. You can try to move us from the territory you can remove us from the territory violently.

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