Aboriginal Rights

Fri, 2012-11-09 09:01Carol Linnitt
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Heavy is the Head That Wears the Crown: Tar Sands Expansion May Violate Crown's Legal Obligation to First Nations

Today the Athabasca Chipewyan First Nation (ACFN) will argue in the Alberta Court of Appeal that Shell Canada’s proposed Jackpine Mine expansion is in violation of their Constitutional rights and represents a failure on behalf of the federal government to uphold their legal duty to consult (DTC). The First Nation, which originally made this argument in a joint federal/provincial hearing on October 1, was told the panel did not have jurisdiction to hear constitutional questions.

When the ACFN applied for an adjournment, in that case, their request was denied. In response the First Nation is claiming they have “no other option but to file legal arguments for the protection of their constitutionally protected rights through the Alberta Court of Appeal.” 
 
The government’s refusal to consider the ACFN’s best defense against the megaproject, which will increase Shell’s tar sands bitumen mining capacity in this one project alone by 100,000 barrels per day, appears out of step with the federal government’s own admission that they must accommodate the rights of First Nations when considering industrial projects that entail irreversible impacts.
 
First Nations rights, especially as defined in the 1982 Constitution and subsequent court decisions, must be accommodated, according to an internal federal discussion paper, released to Greenpeace Canada’s climate and energy campaigner Keith Stewart through access to information legislation.
Read more: Heavy is the Head That Wears the Crown: Tar Sands Expansion May Violate Crown's Legal Obligation to First Nations
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. 
Read more: Rush to Ratify: FIPA May Violate Constitutional Protection of First Nations Rights
Tue, 2011-08-02 11:15Carol Linnitt
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If You Build It, They Will Spill: Dene First Nation Opposes Enbridge Tar Sands Pipeline

The proposed Enbridge Northern Gateway Pipeline spans a massive stretch of provincial territory from Edmonton, Alberta to Kitimat, B.C. Over 50 percent of the planned pipeline and tanker routes snake through First Nations territory, which prohibits such development according to their traditional laws.

“With over 100 pipeline spills and accidents recorded in Canada over the past two years there is only one thing to say about pipelines; they will spill.” These words, from Dene National Chief Bill Erasmus, marked the passing of a resolution, unanimously signed by 35 Chiefs of Denendeh, to oppose the pipeline’s construction.

The Yinka Dene Alliance expressed in May that, under no circumstance, were they interested in negotiating with Enbridge.

Now, this powerful front of aboriginal nations are demonstrating their solidarity with the Yinka Dene Alliance. “These Nations now have the support of Dene from northern Alberta to the Arctic coast,” says Erasmus.

Read more: If You Build It, They Will Spill: Dene First Nation Opposes Enbridge Tar Sands Pipeline
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