Section 35

Wed, 2012-10-31 15:52Carol Linnitt
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Rush to Ratify: FIPA May Violate Constitutional Protection of First Nations Rights

The Canada-China Foreign Investment Promotion and Protection Agreement (FIPA) may be ratified as soon as tomorrow, November 1. This despite a massive demonstration of Canadian opposition to the investment trade deal that will lock the federal government into a dangerously undemocratic agreement with China and Chinese investors for 31 years

The proposed agreement, signed by Stephen Harper in Russia on September 9 and kept secret until September 26, is being strong-armed through the house of commons after the required 21-day session in Parliament. Political action and environmental groups, opposition party leaders and experts in the field of international trade law are urging the Harper government to reconsider the agreement's immediate ratification, demanding an open parliamentary debate before the trade deal's future is decided.
 
So far all requests to throw out the deal, host a national debate, investigate the deal in emergency Parliamentary discussions, or indefinitely delay the deal's ratification, have gone unheeded by the Harper government.
 
Under FIPA the federal government is obliged to protect investor rights and profits, even to compensate for lost profits. That means when it comes to disputes involving Chinese investors, like the one over the future of Enbridge's Northern Gateway Pipeline, the Canadian government will have a duty to protect investor profits and not necessarily the jurisdictional rights of the British Columbian government, people or First Nations. 
Tue, 2012-10-23 18:12Carol Linnitt
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Athabasca Chipewyan First Nation Challenges Shell in Legal Hearing

Today the Athabasca Chipewyan First Nation (ACFN) is arguing that Shell Canada's proposed expansion of the Jackpine Mine in the tar sands is in violation of constitutionally protected aboriginal rights outlined in Section 35 of the Canadian Constitution and Treaty 8, which the ACFN signed in 1899. Arguments against the proposal will be heard by a provincial-federal Joint Review Panel.

The ACFN participated in a Fort McMurray rally today, asking for individuals, organizations and communities across Canada to stand in solidarity with their tribe. 

“We are here today because a legal challenge may be the only remaining piece of law that can stop the destruction of our land,” said Allan Adam, chief of the ACFN. “We are thankful for the mountain of support we've been receiving. People understand the significance of this challenge and what we must do for our land.”

The proposed expansion will increase Jackpine Mine's production capacity from 200,000 barrels per day (bbl/d) to 300,000 bbl/d and will extend the mine's lifespan to 2049.

The project will add 1.8 million tonnes of greenhouse gasses into the atmosphere, roughly the equivalent of 280,000 additional cars on the road. The waste from the expanded project will amount to some 486 billion litres of liquid tailings including mercury, arsenic and lead, which Shell proposes to permanently bury in what is called a 'pit lake,' according to a press release.

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