First Nations ignored by government, corporations, police and court system as shale gas development continues
SWN set to resume shale gas exploration Monday, chief says
Elsipogtog First Nation Chief Aaron Sock calls on Premier David Alward to impose 6-month moratorium
Posted: Nov 01, 2013
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Elsipogtog First Nation Chief Aaron Sock is calling on Premier David Alward to intervene in SWN's plans to resume shale gas exploration next week. (CBC)
SWN Resources Canada intends to resume shale gas exploration near Rexton on Monday, just two weeks after a violent clash between RCMP and protesters, says Elsipogtog First Nation Chief Aaron Sock.
The company informed him of its plans, an angry Sock announced during a news conference, held Friday afternoon at the Moncton Casino.
Sock is calling on Premier David Alward to intervene.
He wants a six-month moratorium to allow time for meaningful negotiations, he said.
If the premier does not intervene, Sock could not speculate whether there will be more protests and blockades.
On Oct. 17, an anti-shale gas protest near Rexton turned violent after RCMP moved in to enforce a court injunction obtained by SWN against a blockade.
Six police vehicles were destroyed by fire and 40 people were arrested. Explosive devices, firearms, knives and ammunition were seized.
Sock met with the premier the following day and both sides agreed to a cooling-off period.
On Friday, Sock told reporters he felt deceived. He said Alward had told him he would contact SWN officials about postponing exploration, but it seems that did not happen.
In addition, Sock said no meaningful discussions have taken place since police raided the protesters' camp on Route 134.
He said although the province has appointed a lawyer to deal with the matter, every time he has contacted the lawyer, the lawyer has claimed to be unaware of what he's supposed to do.
On Saturday, members of Elsipogtog First Nation plan to begin reclaiming Crown land in Kent County by placing plaques on 50 separate 100-acre lots.
But Serge Rousselle, a professor of aboriginal law at the University of Moncton, contends it will be a symbolic exercise with no legal consequences.
Jailed protesters mistreated, lawyer says
Shale gas protester Jason Augustine says protesters are being treated unfairly by the RCMP. (Jessica Doria-Brown/CBC)
Meanwhile, earlier in the day on Friday, at another news conference held on the steps of the Moncton Law Courts, a lawyer representing five of the protesters jailed on Oct. 17 said their rights are being violated.
Alison Menard said four men are still in custody. "It's been two to three weeks that these people have been detained, and it doesn't seem like things are necessarily changing for the people who have been in detention," she said.
Menard contends the arrested protesters have been mistreated while in custody.
"Is it normal for people to be held in segregation while waiting for their first court appearances? Is it normal for them to have access to no programs? Is it normal for them to not even have shampoo and in some cases toilet paper? Is it normal for them to be hit by somebody when they're being handcuffed?
"I don't think any of these things are normal," she said.
"They are presumed innocent and I think regular folks would be very concerned by the way these people, and other people, are treated when they're in the detention centre."
Menard is urging citizens to write the provincial ombudsman and ask that the allegations of mistreatment be looked into, saying such actions should concern all New Brunswickers.
Jason Augustine, one of the arrested protesters who has since been granted bail, says he wants ordinary citizens to know how he was treated while detained.
"I was in the hole, we called it the hole, for eight days. I was denied a lot of access there. Each time I said, 'I want to talk to my lawyer,' they said, 'No, you're not allowed, it's after hours, you can't talk to your lawyer.' With the rights I know, I am obligated to talk to my lawyer ... the rights they were denying me of. That was uncalled for," he said.
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From Amnesty International Canada
Open Letter concerning anti-fracking protests at the Elsipogtog Mi'kmaq Nation
David Alward, Premier of New Brunswick
Centennial Building
P.O. Box 6000
Fredericton, NB E3B 5H1
Dear Premier Alward:
Our organizations are deeply concerned by the Province of New Brunswick's response to anti-fracking protests at the Elsipogtog Mi'kmaq Nation. We are appreciative of the efforts of all involved to allow a cooling off period following the violence of October 17. However, it is our view that this clash could have been avoided had the province acted in a manner consistent with its obligations to respect the human rights of Indigenous peoples under Canadian and international law. Furthermore, we are concerned that unless the province adopts an approach consistent with these obligations, further clashes may occur.
In 2007, an Ontario public inquiry into police and government response to Aboriginal protest - the Ipperwash Inquiry - concluded that blockades and occupations are "symptoms" of the long-standing failure of governments in Canada to resolve land and resource disputes in a fair, timely and effective manner. In the Inquiry report, Justice Sidney Linden wrote that blockades and occupations "occur when members of an Aboriginal community believe that governments are not respecting their treaty or Aboriginal rights, and that effective redress through political or legal means is not available." Justice Linden called for a redoubling of efforts "to build successful, peaceful relations with Aboriginal peoples...so that we can all live together peacefully and productively."
In this spirit, our organizations highlight four areas where we believe the province of New Brunswick can do more to rebuild just relations with Indigenous Peoples in relation to resource development and the potential for disputes.
First, it is critical to acknowledge that Indigenous Peoples have rights to their lands, territories and resources that predate the creation of the Canadian state. These pre-existing rights are affirmed in the Peace and Friendship Treaties, in the Royal Proclamation of 1763, and in section 35 of the Constitution Act, 1982, as well as in authoritative international human rights instruments including the United Nations Declaration on the Rights of Indigenous Peoples. Canada's failure to protect these rights has been repeatedly condemned by international human rights bodies, including the Inter-American Commission on Human Rights, which found that the comprehensive claims processes fall below international standards of justice. Your government can make a meaningful contribution by communicating clearly that these rights exist and must be respected.
Second, the inherent land rights of Aboriginal peoples cannot be ignored in the day-to-day operations of the government. Doing so is both discriminatory and contrary to the rule of law. Canadian courts have set out a mandatory constitutional duty to consult with Indigenous peoples with the goal of identifying and substantially accommodating their concerns, before any decisions are made that could affect these rights. For such consultation to be meaningful, Indigenous peoples' knowledge and perspective must be part of the determination of whether or not a particular proposal could have a harmful impact on their rights and use of the land. Furthermore, the duty of consultation and accommodation, and the inter-related obligation for governments to deal honourably with Aboriginal peoples, cannot be met if there is a predetermination that projects will go ahead regardless of legitimate concerns raised by the affected communities. Accordingly, our organizations urge your government to retract statements indicating that the province is already committed to shale gas development, regardless of opposition.
Third, whenever a proposed project has the potential for impacts on the cultures, livelihoods, health and well-being of Indigenous peoples, or where questions remain about the extent of the possible impacts, a very high standard of precaution is required to ensure that no further harm is inflicted on Indigenous peoples. Canadian courts have said that the "full consent" of Aboriginal peoples may be required on "very serious" matters. International human rights instruments, and the jurisprudence of international human rights bodies, clearly establish a duty to obtain the free, prior and informed consent (FPIC) of Indigenous peoples as a precautionary measure or heightened safeguard for their rights. In fact, just days before violence erupted over the shale oil explorations in New Brunswick, the UN Special Rapporteur on the Rights of Indigenous Peoples reminded governments in Canada that FPIC is generally required whenever large scale resource development projects are being considered that could impact the rights of Indigenous peoples. Our organizations call on New Brunswick to acknowledge that shale gas exploration and development on or near the traditional lands of Indigenous peoples is clearly an example where the safeguard of free, prior and informed consent is appropriate and necessary.
Finally, our organizations highlight the need to ensure appropriate police response in the unresolved conflicts over Indigenous lands rights. In all instances, police have a clear responsibility to respect and protect human rights. While police have an obligation to protect public safety and respond to criminal offences, police must also act to respect the right of peaceful protest and assembly and act to protect the lives and safety of those involved in protests. Use of force must always be a last resort and the scale and nature of the force deployed must be in proportion to the need to protect public safety. In the Ipperwash Inquiry report, Justice Linden called on Ontario to adopt a province-wide peacekeeping policy based on these principles to ensure that police response to Aboriginal protest would not be politicized and that risks of violence could be minimized. Our organizations strongly urge all governments in Canada to also publicly endorse and adopt such crucial policies.
Yours sincerely,
Alex Neve, Amnesty International Canada
Contact: cbenjamin@amnesty.ca
Lesley Robertson, Canadian Friends Service Committee (Quakers)
Contact: jennifer@quakerservice.ca
Ed Bianchi, KAIROS: Canadian Ecumenical Justice Initiatives
Contact: ebianchi@kairoscanada.org
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First Nation dismantles anti-fracking protest site at N.B. legislature
FREDERICTON - The Canadian Press - Nov. 06 2013Members of the St. Mary's First Nation in Fredericton have dismantled a traditional longhouse and teepees that were erected near the New Brunswick legislature to protest shale gas exploration.
Thom Nash, one of the firekeepers at the site, says the band elders felt their message has resonated with the public.
The longhouse and two large teepees were set up next to the St. John River on Oct. 27 to express concerns for the environment if shale gas is developed.
Last week, Premier David Alward said he had no plans to visit the longhouse because he didn't think anything could be achieved by meeting with Chief Candice Paul.
He said they had agreed to disagree on their positions on resource development.
Nash said he was disappointed with the Premier's position, calling it a slap in the face.
Opposition to shale gas exploration has been the subject of numerous protests in the province.
Last month, 40 people were arrested and six police cars burned during a protest near Rexton.
The government used its Throne Speech Tuesday to say it is pressing ahead with the development of a shale gas industry in an effort to create jobs and revenue.
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Moratorium on fracking announced by Newfoundland government
November 04, 2013
Reviews, public consultations needed before policy developed, minister says
Natural Resources Minister Derrick Dalley has declared a moratorium on fracking in the province.
Natural Resources Minister Derrick Dalley - Photo by Keith Gosse/The Telegram
Dalley started off the fall sitting in the House of Assembly by announcing that the government will not approve fracking onshore and onshore-to-offshore hydraulic fracturing pending further review.
Dalley said the government will be doing public consultation before it develops any policy for fracking.
Both the Liberals and the NDP are supporting the move.
Dalley said this moratorium will allow an opportunity to review regulations, rules and guidelines in other jurisdictions, to complete the technical work necessary to fully assess the geological impact in western Newfoundland and, following this process, to undertake public consultation to ensure residents have an opportunity to comment and are fully informed before any decision is made.
The minister said oil and gas exploration and development has played a significant role in the economic growth of this province, transforming the economy and prospects for Newfoundland and Labrador. "Petroleum drilling and production activities throughout our province have proceeded in accordance with stringent regulations and rules. Our sound approach to petroleum industry regulation and environmental protection is guiding the step we are taking today," Dalley said. "Our first consideration is the health and safety of our people. In making this decision, our government is acting responsibly and respecting the balance between economic development and environmental protection."
Dalley spoke to reporters after question period, saying that he understands that it's an emotional issue, which is why the government is putting the brakes on things.
He said he doesn't know how long the review will take, but when it's done, information on fracking will be made public.