Elected Counsel vs. Hereditary chiefs
In wake of what is happening up in Wetâsuwetâen territory, there are a lot of twisted facts, false propaganda and misinformation being spread out there, especially through main stream media and far right journalists. Iâve also seen a lot of articles leaving out important facts. This is a very complex and layered issue, so I decided to make a little compilation of 4 key facts to keep in mind while having conversations surrounding the legality of this.
1. ELECTED BAND COUNCIL MEMBERS VS. HEREDITARY CHIEFS:
It is likely that you will come across many articles that state that there are elected band council members who have signed and agreed to CGL building their pipeline, which is true. That being said, it is important to be aware of the clear distinctions between the two types of leaders. Band Council members have jurisdiction over reserve lands, while the Hereditary Chiefs have jurisdiction over their respective territories.
The route for the pipeline goes through territories that are under the jurisdiction of Hereditary leaders, who continue to this day to uphold and practice their Traditional forms of governance and natural law: AnucâNiwhâitâen. Since they do not consent, the decision for the ways in which their land and resources get used is ENTIRELY up to them.
2. THE HEREDITARY CHIEFS PROPOSED AN ALTERNATIVE ROUTE TO CGL
There is a piece of information that seems to have been strategically left out of many mainstream media sources, and that is that the Hereditary Chiefs who have control over the lands that the pipeline is wanting to pass through actually proposed an alternate route which went around their most ecologically rich and culturally significant areas. Yes, you read that right. But instead of honouring and respecting their request to protect these important areas of their territory, Coastal Gas Link and the B.C. Government decided to ignore this request and both continue to work with the RCMP and tactical forces by sending them in mass groups in helicopters with snipers, drones and dogs to harass and bully the Wetâsuwetâen and their allies, all of whom are UNARMED and peacefully existing ON THEIR OWN LAND. This type of invasion is illegal both by Canadian law and International law (more on that in the next point).
The fact that not a lot of journalists are talking about this continues to portray Indigenous people in a bad light, while reinforcing negative stereotypes which leads a lot of people to believe that the Hereditary Chiefs are being unreasonable. This has resulted in an increase and flare up of violent threats and racism towards Indigenous people, especially for those holding it down on the frontlines and at blockades.
While I personally believe that Canada should divest from fossil fuel industries altogether and instead use that money to invest in more sustainable and environmentally safe alternatives, letâs not forget the fact that they were willing to make a compromise with the corporation, yeah?
3. DEEPER LOOK INTO INDIGENOUS TITLE & RIGHTS:
This topic is probably one of the most frequently misunderstood in my experience of witnessing people debate who has the final say in this decision. Thereâs a lot to it but here is a summarization of clear points to be aware of when discussing the nuances of Indigenous Title & Rights.
In 1984; the Wetâsuwetâen and Gitxsan Nations filed a land title action with the Supreme Court of British Columbia, which claimed title to over 58 000 square kilometres (combination of both Gitxsan and Wetâsuwetâen territories). This is what we know today as the Delgamuukw case.
After over a decade of negotiations and trials, in 1997 the Supreme Court of Canada finally recognized that oral history along with traditional forms of governance were in fact a valid form of evidence that needed to be treated with equal respect during testimonies, while also affirming that Provincial Courts have NO jurisdiction over extinguishing the rights of Indigenous people around using and having access to their ancestral territories. In addition, the Court also expanded on the definition of Title & Rights, stating that their territories were not to be used in ways that would be âirreconcilable with the nature of the claimantsâ attachment to those lands.â, which is a direct quote you can find under Section 35 of the Constitution Act, 1982.
So, The way that this information relates to the ongoing fight between CGL and the Hereditary Chiefs: Having large portions of their territory be bulldozed to have a pipeline built through is a direct threat to the water, land and wildlife (aka irreconcilable, duh). Therefore, their right to say no is in fact, as previously stated, protected and affirmed under Section 35 of the Constitution Act, 1982.
In conclusion, through the Delgamuukw case, the Supreme Court stated that Indigenous people have exclusive rights to their territories. Which means that the Wetâsuwetâen arenât even technically a part of Canada. They are their own sovereign nation, and by sending tactical forces and armed RCMP officers out for violent invasion, pointing semi automatic rifles and forcibly removing unarmed Wetâsuwetâen people and their allies from the land, Canada is literally BREAKING.ITS.OWN.LAWS.
4. UNDRIP (United Nations Declaration of Rights of Indigenous People)
In November, BC signed a document agreeing to implement the UNDRIP legislation. If you havenât heard of UNDRIP, I recommend everyone, especially settlers, to read through it. I will post a link to it in the comment box below.
In short UNDRIP is an instrument of international law serving to protect the rights of Indigenous People.
Article 10 is one of the ones that has come up in discussion a lot since the raids;
âIndigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.â
So aside from Article 10 not being upheld, Just in the last week of raids, B.C. is currently in violation of articles 2, 11, 18, 23, 25, 26, 29, 30 & 32 .
Hope this helps to clarify certain things. If you find yourself debating about this with someone who keeps saying thing like âiNdiGeNoUs PeOpLe ShOuLd JuSt ObEy ThE RuLe Of LaWâ, donât forget to tell them that Canada is the one breaking the Law. Canada and the RCMP have no jurisdiction on Stolen Native Land. No Treaty, No Deal.
