CANADA FIRST NATIONS TO OUTLINE LEGAL CHALLANGE
Leaders from several B.C. First Nations are expected to lay out their
legal plans to fight Enbridge's Northern Gateway pipeline proposal, at a
news conference yesterday morning in Vancouver.
The list of speakers includes Peter Lantin, the president of the
Council of the Haida Nation; Clarence Innis, acting chief councillor for
the Gitxaala; Ellis Ross, chief councillor for the Haisla; Martin
Louie, chief councillor of the Nadleh Whut’en; Jessie Housty, 
councillor
for the Heiltsuk; and Grand Chief Stewart Phillip, the president of the
Union of B.C. Indian Chiefs.
councillor
for the Heiltsuk; and Grand Chief Stewart Phillip, the president of the
Union of B.C. Indian Chiefs.
It is expected First Nations groups will argue the proposed pipeline
violates their aboriginal land rights in their respective territories,
particularly in light of the Supreme Court of Canada victory last month by the Tsilhqot'in First Nation.
In that landmark ruling, the Supreme Court of Canada recognized the
Tsilhqot'in First Nation's aboriginal title over a wide area to the
south and west of B.C.'s Williams Lake, which it considers its
traditional territory.
The court also established what title means, including the right to
the benefits associated with the land and the right to use it, enjoy it
and profit from it.
However, the court declared that title is not absolute, meaning
economic development can still proceed on land where title is
established as long as it has the consent of the First Nation.
Or where
the government can make the case that development is pressing and
substantial.The court also made it clear that provincial law still applies to
land over which aboriginal title has been declared, subject to
constitutional limit.
Other First Nations have also been quick to push forward their claims on traditional lands in light of the ruling.
The Gitxaala First Nation, with territory on islands off the North
Coast, have already announced its own plans to file a lawsuit in the
Federal Court of Appeal challenging the Northern Gateway pipeline.
Last week the hereditary chiefs of the Gitxsan First Nations served
notice to CN Rail, logging companies and sport fishermen to leave the
33,000 square kilometres they claim as their territory along the Skeena
River by Aug. 4.
The Kwikwetlem First Nation also raised the ruling in its claim
to title of all lands associated with the now-closed Riverview Hospital
in Metro Vancouver along with other areas of its traditional territory.
Source: CBC
CANADA ‘FIRST NATIONS’ UNITED AGAINST PIPELINE
VICTORIA, B.C, Canada - Northern B.C. First Nations have long voiced their opposition to the pipeline, but on Thursday, 55 First Nations leaders from across B.C. signed a declaration promising to halt the proposed Enbridge and KinderMorgan pipelines (right map).The pipelines would run from Alberta's oilsands to the B.C. coast, carrying oil to tankers for export to the US and Asia.
First Nations leaders will not allow the proposed Enbridge and KinderMorgan pipelines to cross their unceded territory, saying they will stand in front of bulldozers if they have to.
"Everyone involved — including myself — have made commitments that we'll do whatever it takes legally and otherwise," said Haisla elder Gerald Amos.- He said they will resort to civil disobedience to halt the pipelines.
- "I am prepared to do as others have done before me in our communities and stand on the line to prevent any machinery moving onto the site."
- "These First Nations form an unbroken wall of opposition from the U.S. border to the Arctic Ocean," they said in a written statement.
- Among the signatories is Chief Jackie Thomas, of Saik’uz First Nation, a member of the Yinka Dene Alliance.
- "Harper wants to force pipelines through B.C., ignoring our rights and ignoring the majority of British Columbians. Well I have news for you Mr Harper: You are never going to achieve your dream of pushing pipelines through our rivers and lands and putting oil tankers on the coast."
The First Nations leaders say they are prepared to stand shoulder-to-shoulder in front of bulldozers to halt any pipeline construction.Enbridge spokesman Paul Stanway says he hopes cooler heads prevail, and that environmental assessment hearings for the Enbridge pipeline don't focus on emotional pleas, but rather, stick to the facts.
The hearings begin in Kitimat in January 2012.
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