Judy Wilson’s Message for Canadians: ‘The Land Defenders Are Doing This for Everybody’

RCMP raids in Wet’suwet’en territory can’t bring justice, reconciliation or a better future, Neskonlith chief says.

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Chief Judy Wilson: ‘We have to change to ensure that our young people have a future. That’s what the Indigenous land defenders are talking about when they say we need to protect the land and the water.’ Photo by Zoë Ducklow.

What are your thoughts on how governments are responding to the RCMP action in the Wet’suwet’en territory?

I was just reading Premier [John] Horgan’s response to the Unist’ot’en, and I think he was trying to stay on the middle ground. He mentioned the bands who signed these agreements [to allow the pipeline], but to me, the issue is clearly about the hereditary Wet’suwet’en chiefs. They are the proper titleholders to their unceded territory, and they already made a decision. They said no pipelines in their territory.

The Unist’ot’en stand-off: How Canada’s “prove-it” mentality undermines reconciliation

Wet'suwet'en Solidarity rally in Vancouver, Jan. 2019 (Photo: Eugene Kung)

…It is certainly true that, where an Indigenous nation brings a title claim in court, the court will expect that nation to prove its claim. The procedural double standard in this approach has been pointed out by observers such as Professor John Borrows, who rhetorically asks: “Why should the Aboriginal group bear the burden of reconciliation by proving its occupation of land? After all, the Crown is the subsequent claimant. Why should the Crown not have to prove its land claims?” Nonetheless it is obvious that Canadian courts accept Crown title based, as Professor Borrows puts it, on “bare words,” while expecting Indigenous nations to prove their claim to pre-existing Aboriginal title.

Aboriginal rights are inherent – not granted by Canadian law

What the RCMP statement does not address, however, and what is often overlooked in the “prove-it” approach, is that Aboriginal title and governance exist and apply in Canadian law now, even if the bounds of title lands have not been delineated in a court case.

Peter Grant, a lawyer for the Wet’suwet’en, summarized this well in his recent response to the RCMP’s media statement: “it’s not that title doesn’t exist pre-declaration, it’s that the government is refusing to recognize title before a court declaration.” MORE

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Canada Chooses Oil Over People (Again)

The confrontations with the Wet’suwet’en Nation show the Federal Government isn’t interested in real reconciliation


Photo Maggie McCutchen

The relationship between the Canadian government and Indigenous peoples continues to be one of reconciliation only when it serves federal interests…

The nearby ecosystem, as well as the 20 First Nations surrounding the pipeline will constantly be at risk of pollution and environmental destruction from normal use and from accidents, but that’s not all.

The aggression shown by the Royal Canadian Mounted Police demonstrates just how hypocritical Canadians are when people brag about Canada’s human rights record. While we uplift this idea that we are everyone’s “friendly and progressive neighbors to the north”, it is finally becoming increasingly clear that it is a very selective kind of progressivism. The kind that inexplicably still does not extend to the peoples that have lived on this land for centuries longer than the oldest of colonizers. MORE

RELATED:

‘No consent, no pipeline’: UBCIC President says Wet’suwet’en hereditary chiefs have been ignored

 

Trespassing on Treaty Rights: Saskatchewan’s Proposed Restrictions on Access

The Crown’s failure to honour the promises it made to Indigenous Peoples pursuant to the historic treaties is one of the most significant barriers to reconciliation today. This was recently made clear when the Province of Saskatchewan introduced amendments to provincial trespassing laws which would impose new limits on Indigenous Peoples’ treaty right to hunt.

Serious questions have already been raised as to whether the new legislation violates Indigenous Peoples’ constitutionally-protected treaty rights. Just as critically, if enacted the amendments will contribute to misunderstandings regarding the nature of Indigenous Peoples’ treaty right to hunt and increase the potential for further conflict. More


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