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The B.C. Supreme Court has ruled that a traditional Wet’suwet’en trespass law cannot “coexist” with the injunction order issued to Coastal GasLink in response to pipeline protests from the nation’s hereditary leadership. As a result, Chief Dsta’hyl, a Wing Chief of the Likhts’amisyu Clan of the Wet’suwet’en Nation who also goes by Adam Gagnon, was found guilty of criminal contempt in a Smithers courtroom on Tuesday morning. To be found guilty of contempt of court, the prosecution needs to establish that a person is aware of a court order and violated it intentionally. To meet the threshold for criminal contempt, the violations must be public in nature. In making the decision, Justice Michael Tammen rejected a defence argument that could have set precedent in cases involving conflicts between Canadian court orders and Indigenous legal orders. [...] The defence argued that “subjugating Indigenous law to colonial law, when they both form part of the law of the land in Canada, brings the administration of justice into scorn, precisely the consequence that criminal contempt proceedings are meant to punish.”
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cowboymaterials · 9 months
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if-you-fan-a-fire · 2 years
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“Gary Wassaykeesic, a Land Defender from the Mishkeegogamang First Nation north of Thunder Bay has lived in Toronto for decades and is an Indigenous leader. He was arrested on January 30, 2022 for allegedly taking part in a solidarity action with Wet’suwet’en on November 21, 2021 in Toronto. He was required to report last week to an isolated CP Rail police detachment in Scarborough. Beyond these disturbing facts is the story of a cultural group still being criminalized and harassed on their own land, but also the story of a diverse community determined to unite in support and resistance.
Criminalizing Indigenous sovereignty and solidarity
Coastal GasLink (CGL) is currently constructing a pipeline through Wet’suwet’en Territory without any consent, and the Hereditary Chiefs have sent an eviction notice to CGL. As they explained, “Coastal Gaslink has violated the Wet’suwet’en law of trespass, and has bulldozed through our territories, destroyed our archaeological sites, and occupied our land with industrial man-camps. Private security firms and RCMP have continually interfered with the constitutionally protected rights of Wet’suwet’en people to access our lands for hunting, trapping, and ceremony.” But instead of respecting Indigenous law, the RCMP enforced colonial law: on November 18 and 19, the RCMP raided Wet’suwet’en Territory using assault rifles, attack dogs, and even chain saws. They violently arrested over 30 people, including Land Defenders, supporters, legal observers, and journalists.
In response to the arrests in Wet’suwet’en, Land Defenders in Toronto went to the railroad on November 21. For two hours people blocked a train, sending a message of solidarity to those who’d been arrested. Though police were present at the blockade, at no point on that day did they express any concerns. They did not declare it an unlawful assembly and made no arrests. But a week later they began targeting organizers. The Toronto Police showed up at the home of Indigenous Land Defender, Vanessa Gray, and told her she had to turn herself in for attending that event. A week after that, they ticketed Miguel Avila-Velarde with a fine of over $600.
Police also began following Gary Wassaykeesic from November until the end of January. On January 30 they arrested him with those bogus charges that too many Black and Indigenous people find themselves charged with: “trespass and mischief”, the exact charges that colonial usurpers of this land have been guilty of themselves from the beginning. The police, and the mining companies, railroad companies, construction, and oil companies, etc. all tresspass on Indigenous land, then turn around and deliver harsh punishment against Indigenous people. Our government ignores treaties and human rights, including the right to thrive. It is so cruel and unjust to be routinely traumatized and criminalized like this repeatedly in your own homeland.
Gary spoke with me last week about the illogical charge of trespassing for an Indigenous person. Where else would he be? Where else should he be standing? This has always been the homeland of his people; and yet he has never felt any need to routinely arrest any of us for trespassing. We spoke about how governments have it all backwards since they are not the rightful authorities of this land. They have set themselves up as the legal and God-given authority, as if this entire country is their sole property when it never was. They’ve set up a network of violence to try to uphold this lie, doing everything to portray Indigenous people as if they are enemies for merely existing. This is wrong, and so is dragging out already nightmarish generational trauma into long-lasting, re-traumatizing, and unwarranted arrests.
Re-traumatizing arrest and legal support
Gary was strategically subjected to this lengthy drawn-out process of police harassment and intimidation tactics. Who gets arrested two months after an alleged criminal activity at an event where police voiced no problems in the first place? As Gary explained, “The Toronto Police stalked me, waited, and then arrested me, traumatizing me in the process. This has become the strategy of the Toronto Police. How many more others are they going to do this to?”
The timing of the arrest was also designed to increase harm and trauma: police arrested Gary after he led a vigil for the 93 children found in those unmarked graves at Williams’ Lake Residential School. They disrespected this community leader by callously arresting him right after this emotional memorial service, as he was mourning the tragic loss and discovery of mass-murdered children from his beloved community. Police heartlessness was a tactic as they watched, waited, and closed in on him shortly after the service ended, waiting until after he was separated from this gathering of fellow mourners. They timed it carefully, waiting until he took a streetcar home so they could storm onto the vehicle and violently pull him off in handcuffs. He was alone, but in front of strangers. Maybe some of the streetcar passengers could see the truth behind who was the real aggressor.
Then a month later police told Gary to report to an obscure, isolated location to get processed, hoping he’d have no real or supportive friends who would come to his aid. Gary had cooperatively provided his address to the police, but later noticed that his file stated he had “no fixed address”. What prompted their failure to make note of Gary’s actual address, and write those three words instead? They willfully replaced the facts with a mainstream stereotype (and this is falsifying police records, isn’t it?). The police wanted Gary to be deemed homeless by not recording his home address that he provided to them. Their omission added to their narrative to assume a mainstream stereotypical story about him having no friends who would care about him. Also, by characterizing him as homeless, they actually reveal the harsh truth of their intentions which indict themselves; if Gary and others of his community are experiencing homelessness, then this is entirely the fault of the colonial state which has literally stolen their homeland!
With all the harassment and legal persecution, Gary told me he’s so thankful for the group of friends and allies who showed up last week to accompany him in this continuing trauma. At least 10 of us waited for him outside, and one entered the building with Gary. When the officer demanded of her, “Why are you here?” Gary’s friend said, “I’m here to support him,” and added that she is a member of an international human rights organization. Upon hearing this, the officer decided to tone down his very intimidating attitude and lower his voice. Gary gave thanks for these caring communities willing to turn up for him, some people even risking incarceration themselves, no matter how cold and icy, no matter how early in the morning. He spoke with all his friends that day, old ones and new ones, some of whom he only just met that morning, many of whom will likely turn up to support him at his next painful court date.”
- Loretta Fisher, “Stop the police persecution of Land Defenders.” Spring Magazine. March 21, 2022.
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stevemaclellan · 2 years
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As I write this, salmon are spawning in that river. Countless eggs — an entire generation of salmon — have been laid in the riverbed gravel. And Coastal GasLink is drilling a massive borehole within 12 metres of those salmon eggs.
The potential impacts of drilling on these salmon eggs are unclear. What is clear is that Coastal GasLink cannot be trusted to safeguard the Wedzin Kwa and the surrounding environment.
The company has an egregious track record. Coastal GasLink has damaged wetlands, rivers and lakes along the $11-billion pipeline route — a pipeline that aims to transport fracked gas from northeast B.C. to LNG Canada in Kitimat.
Since construction began in 2019 the company has been issued 51 warnings, 16 orders and two fines by the BC Environmental Assessment Office for repeated non-compliance related to erosion and sediment control.
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Fossil Fools Day demonstration in Kelowna attracts small gathering
A nationwide demonstration against fossil fuels on Saturday also included Kelowna, with around 20 people gathering near Orchard Park Mall. Other B.C. communities where peaceful rallies for Fossil Fools Day were planned included Vancouver, Victoria, Nanaimo, Duncan, Courtney and Nelson. In Kelowna, the demonstrators gathered near a bank, and sang and chanted. Read more: RCMP arrest 5 amid…
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don-lichterman · 2 years
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Revealed: Health Officials’ Worries about Pipeline Company’s COVID Plans
Revealed: Health Officials’ Worries about Pipeline Company’s COVID Plans
Two weeks before B.C.’s Northern Health Authority declared a COVID-19 outbreak at two work camps for the Coastal GasLink pipeline, it wrote the project’s parent company identifying “opportunities for improvement” in its pandemic response. Announcements, Events & more from Tyee and select partners Join The Tyee to Report on Labour and Workers We’re looking for a stellar journalist to join our…
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intersectionalpraxis · 5 months
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After a spring 2023 research mission, Amnesty is expressing concern about reports of heavy-handed police raids, aggressive and intrusive surveillance tactics, intimidation, arbitrary arrests and detention, racial discrimination, and criminalization of pipeline opponents.  The conduct amounts to "a concerted effort by the state to remove Wet'suwet'en land defenders from their ancestral territory to allow pipeline construction to proceed," the non-governmental organization says in its report. The report says significant police and private security presence has imposed heavy surveillance and control, where Wet'suwet'en are regularly followed, filmed and photographed.
RCMP raids enforcing a court-ordered injunction against blockades and activist camps were disproportionate, deploying semi-automatic weapons, helicopters and dogs against unarmed activists, the report says.Amnesty met with officials from Coastal GasLink and the company said it followed all procedures in line with international human rights standards and domestic consultation and permitting processes, Gebresilassie said.In a statement, parent company TC Energy cited Coastal GasLink's agreements with 20 First Nations along the pipeline route and equity option agreements with 17 of them as evidence of its respect for Indigenous rights. It said it has taken "extraordinary measures" to consult with all Indigenous groups, including the hereditary chiefs. Security measures were necessary given "significant acts of violence," the company said.
The RCMP has racist foundations -they were created to enforce laws that terrorized, suppressed, and forced Indigenous people out from their communities, and within -and they still continue to do this. They also, despite denying it so wholeheartedly; are guilty of racial profiling, have systemic racism in its ranks right now, and have biases and/or have ingrained anti-Indigenous racism.
Thus, it confounds me every single time I react their statements (or lack thereof) about being insistent they aren't violating Indigenous people's rights. I am not at all surprised Amnesty found out that they -like their colonizing buddies in the gas company -were committing human rights violations. This pipeline should have NEVER been built to begin with, and I need more people to know just how disgraceful the RCMP truly is. My solidarity is with Wet'suwet'en land defenders.
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osmanthusoolong · 1 year
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“Right-wingers like to accuse anarchists of being outside agitators, and pretend that anarchists are maniupulating [sic] indigenous land defenders, but really what anarchist [sic] have been doing for years is supporting the indigenous factions whose politics are resonant with theirs [sic].”
In a lengthy interview, Molly Wickham defended her decision to seek the support of anarchists, telling CBC News she doesn’t know who committed the worksite attack, but that she doesn’t feel responsible for it.
“Absolutely not. I think that we have a really big, huge fight on our hands as Indigenous people. I think that people identify with the human rights violations that are happening here, the destruction of the territory that is happening here… and I think that … other people see that in our struggle.””
@allthecanadianpolitics
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The company behind the Coastal GasLink gas pipeline project in northern B.C. has received a whopping $346,000-fine from the B.C. government for environmental deficiencies and providing false and misleading information.
According to the Ministry of Environment, Coastal GasLink Pipeline Ltd. failed to meet conditions of its environmental assessment certificate. In a Thursday statement, it said compliance officers found inadequate erosion and sediment control during several inspections along the pipeline route in April and May last year.
The company also gave false and misleading information last October as well in relation to maintenance inspection records, the province found. That cost Coastal GasLink $6,000, while the erosion control matter cost $340,000.
“As a result of continued concerns, the Environmental Assessment Office has prioritized the CGL project for compliance monitoring, with nearly 100 inspections by air and ground since the project started in 2019,” B.C.’s statement reads.
“These inspections have led to the EAO issuing 59 warnings, 30 orders – including 13 stop-work orders – and more than $800,000 in fines.” [...]
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survivingcapitalism · 3 months
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The force also used “lethal-force overwatch” — snipers armed with rifles — during the high-profile enforcement, according to officers with a specialized RCMP response team meant to resolve high-risk situations.
The revelations came as RCMP witnesses began testifying at a hearing on the Nov. 19, 2021, police response to Indigenous land defenders who had occupied two small structures along the Coastal GasLink pipeline route. The hearing follows Justice Michael Tammen’s verdict, Friday, that there is sufficient evidence to convict three people charged during the raid with criminal contempt of court.
Immediately following the decision, Tammen moved to consider an application to dismiss the charges based on police conduct during the arrests. The defendants say they experienced “widespread Charter violations stemming from police misconduct” and “disproportionate and excessive use of force,” according to a statement issued by members of the Gidimt’en Clan.
Among those arrested inside a “tiny house” located next to the pipeline route was Sleydo’, who also goes by Molly Wickham. A prominent figure in the Wet’suwet’en First Nation’s years-long opposition to the project, Sleydo’ was arrested along with Shaylynn Sampson, who is Gitxsan, and several others, including two journalists. One of the journalists, Amber Bracken, is now suing the RCMP over her arrest and detention.
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Three land defenders who were arrested in 2021 for trying to prevent the construction of the Coastal GasLink Pipeline are currently on trial in British Columbia. You may remember the CGL as the pipeline that inspired a wave of blockades across Canada in very early 2020, right before the pandemic began - among other reasons because it would require drilling under the Morice River, also known as the Wedzin Kwa.
They are arguing that their charter rights were violated when they were arrested, during their detainment, and throughout the following police investigation. They face up to 30 days of jail time. You can donate to their legal funds here. There are also other legal funds related to the protection of the Yintah here.
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“They are playing a long game of divide and conquer,” said Chief Na’Moks, a hereditary chief of the Wet’suwet’en First Nation, who has been a vocal opponent of the Coastal GasLink pipeline being built through his people’s traditional territory in northwest British Columbia.  
“When you talk about money going from oil and gas to entities they helped create, that’s pretty biased in my opinion,” he told DeSmog.
#jail climate criminals  #we want climate action now
  #climate change  #cambio climático #climate crisis
  #prepare for climate change  #greenwashing
  #big oil   #fossil fuel industry #plastic  #climate washing
  #floods  #climate activism   #calentamiento global
   #medio ambiente   #IPPC   #prepare for climate change
   #climate hope  #sea level rise  #late stage capitalism
 #victims of capitalism  #klimakatastrophe   #klimawandel
 #changement climatique  #qihou bianhua
 #izmeneniye klimata  #cambiamento climatico
 #気候変動 #जलवायु परिवर्तन   #jalavaayu parivartan
   #das Alterações Climáticas
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stevemaclellan · 2 years
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Coastal GasLink is drilling under the Wedzin Kwa (Morice River) as spawning salmon lay their eggs throughout the river system.
The work is being done during a period outside of the “least-risk window” for in-stream construction, according to reports filed with the B.C. Environmental Assessment Office. Put another way, Coastal GasLink is putting its pipeline under the river at the riskiest time for salmon.                                                                   
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While laying the pipeline under Wedzin Kwa doesn’t include major construction directly in the river, the question of whether this work will impact the gravel beds where salmon lay their eggs remains unanswered by the company and provincial and federal regulators. Coastal GasLink has to drill to a depth of 11 metres under the river to complete the work.
Mike Ridsdale, environmental assessment coordinator with the Office of the Wet’suwet’en, an administrative body that works on behalf of the Hereditary Chiefs, said he was never satisfied with the company’s plans, which were approved by the B.C. government in 2014.
“The lack of sufficient adequate baseline data in terms of fish populations and least-risk windows was out to lunch — they were terrible,” he told The Narwhal. “Right now, there’s eggs that are in the gravel. All that vibration, what’s that going to do to them? Are they going to develop correctly?”
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mitchipedia · 2 years
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A pipeline protester who glued himself to the doors of a Nanaimo bank earlier this year has been sentenced to 12 months of probation — and a court order that he cannot possess glue outside of his home.
Victor Lawrence Brice was one of several people who glued themselves to the Royal Bank of Canada branch at Brook’s Landing Shopping Centre on April 7, according to a sentencing decision released posted on the Canadian Legal Information Institute’s website.
Brice and others were staging the demonstration to demand that RBC divest from the Coastal GasLink pipeline on Wet’suwet’en territory in northern British Columbia, according to a release at the time from environmental group Extinction Rebellion.
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nutso6 · 15 days
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Members of the Wet'suwet'en Nation are suing the RCMP and Coastal GasLink for alleged harassment they claim to have suffered at the hands of police and private security overstepping the boundaries of an injunction guaranteeing the construction of a controversial pipeline.
In a notice of civil claim filed in B.C. Supreme Court Wednesday, two elders and one of the leaders of the protests against Coastal GasLink say they've been subject to a "relentless campaign of harassment and intimidation" on unceded territory adjacent to a forest road leading to the pipeline worksite.
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