Above Photo by Michael Toledano.
(Written January 8, 2019) Yesterday afternoon, police broke down a wooden gate and arrested several people at the Gidim’ten Checkpoint, a camp on a snowy forest service road along the Morice River southwest of Houston. The Gidim’ten or Gitdumden are one of five clans that make up the Wet’suwet’en Nation.[Video from Wet’suwet’en Facebook Page]
Farther up the road lies the Unis’tot’en Camp, a homestead maintained over the last nine years by members of the Unis’tot’en house group, part of a different Wet’suwet’en clan on adjacent territory. Police have assembled tactical vehicles and earth-moving equipment, but must pass the Gidem’ten checkpoint to reach the Unis’tot’en Camp.
Hereditary leaders for all five clans have withheld consent for new pipeline construction across Wet’suwet’en territories, which is what prompted the raid.
Allies have organized solidarity events Tuesday, January 8 in dozens of communities across Canada, to denounce this use of police force against Indigenous people asserting their rights on their own land.
Many Canadians have heard of the 1997 Delgamuukw decision by the Supreme Court of Canada, which recognized that Aboriginal title still exists in places where Indigenous nations have never signed a treaty with the Crown. In fact, the court was talking about the land where this raid is taking place.
Delgamuukw is a chief’s name in the neighbouring Gitxsan Nation, passed down through the generations. Delgamuukw was one of dozens of plaintiffs in the case, comprising hereditary chiefs from both the Gitxsan and Wet’suwet’en Nations.
Together those leaders achieved an extraordinary milestone in forcing the Canadian courts to affirm the legitimacy of their oral histories, traditional laws and continuing governance of their lands. But it wasn’t until the Tsilhqot’in decision in 2014 that the Supreme Court went a step further, recognizing Aboriginal title over a specific piece of land.
If the Wet’suwet’en chiefs went back to court all these years later, many legal scholars say the strength of their claim to their territories would eventually force the Canadian government to relinquish thousands of square kilometres within the Bulkley and Skeena watersheds – and stop calling it “Crown land”.
That’s why the TransCanada pipeline company acted quickly, to secure an injunction against Wet’suwet’en members blocking construction before the legal ground could shift under their Coastal Gaslink project.
The 670-kilometre pipeline project would link the fracking fields of Northeastern B.C. with a huge liquid gas export terminal proposed for Kitimat. Called LNG Canada, this project is made up of oil and gas companies from China, Japan, Korea and Malaysia, along with Royal Dutch Shell.
The BC Liberal, BC NDP and federal governments all courted the LNG Canada project, offering tax breaks, cheap electricity, tariff exemptions and other incentives to convince the consortium to build in B.C. Both Christy Clark and Premier John Horgan celebrated LNG Canada’s final investment decision last fall, calling it a big win for the province.
However, without a four foot diameter (122cm) pipeline feeding fracked gas to the marine terminal, the LNG Canada project is a non-starter.
That brings us back to the Morice River, or Wedzin Kwa in the Wet’suwet’en language. This is where the rubber hits the road for “reconciliation”. Politicians are fond of using the word, but seemingly uncomfortable with its implications.
Politicians also talk a lot about the UN Declaration on the Rights of Indigenous People, and how to enshrine it in B.C. law. Article 10 of UNDRIP states that “Indigenous peoples shall not be forcibly removed from their lands or territories.” It is hard to see how these arrests are consistent with this basic right.
Pro-pipeline pundits are already working hard to spin this raid as the “rule of law” being asserted over the objections of “protestors”. They point to benefit agreements signed between TransCanada and many band governments along the pipeline route.
But under the Indian Act, elected councillors only have jurisdiction over reserve lands – the tiny parcels set aside for First Nations communities that are administered much like municipalities. That’s not where this pipeline would go.
What is at stake in the larger battle over Indigenous rights and title are the vast territories claimed by the Crown but never paid for, conquered or acquired by treaty. In Wet’suwet’en territory, those lands, lakes and rivers are stewarded by hereditary chiefs and their relatives under a governance system that predates the founding of Canada.
My prediction: history will not look kindly on politicians who condone the use of force against local people on behalf of a multinational oil and gas consortium. I hope the response from British Columbians to these events give our leaders pause as they contemplate their next move.
Watch the video below or click here to see it.