North America

Canada: setback for Aboriginal title on private lands

The Supreme Court of Canada refused to hear an appeal by the six Wolastoqey communities of New Brunswick seeking to assert Aboriginal title over private lands. The refusal to hear the appeal makes final a lower court’s decision, holding that the Wolastoqey Nation cannot seek declarations of Aboriginal title over privately-owned lands, but may seek damages against the government for unjustified infringement of Aboriginal title. In response to the refusal, the Wolastoqey Nation maintained that it does not remove the government’s duty to First Nations. Chief Patricia Bernard of Madawaska said: “Our ancestors never surrendered our lands and waters… Our title has not been extinguished… The fight for our homeland will continue.” (Map of traditional Wabanaki Confederacy lands: Wikimedia Commons)

New York City

New York state limits ICE enforcement activities

New York Gov. Kathy Hochul signed legislation that places limits on where and how Immigration & Customs Enforcement (ICE) agents can enforce immigration law in the state. The new legislation also prohibits state and local police from cooperating with ICE to enforce civil laws. Under the new law, local governments, police forces and corrections agencies are no longer allowed to enter 287(g) agreements, under which ICE delegates immigration enforcement to state or local officers. (Photo of ICE agents in Minnesota: Chad Davis)

Watching the Shadows

MAGA-fascism and anti-Semitic pseudo-anti-anti-Semitism III

The Justice Department “Task Force to Combat Anti-Semitism” has announced a national propaganda tour—as the DoJ is explicitly targeting anti-fascists for prosecution. The tour also comes as the question of Israel has emerged as the critical issue in the split within MAGA—with elements of the breakaway populist wing virtually gloating that the Israel Lobby’s support for the Trump-loyal pro-war wing will result in a backlash against Jews. Both wings of MAGA are equally reactionary, yet elements of the supposed “left” are already in a dangerous flirtation with the populist wing—and it is a Democratic congressional hopeful, Maureen Galindo of Texas, who is openly calling for mass detention of “Zionists” in repurposed ICE camps. An incipient Red-Brown alliance can be seen, fueled by the Trump regime’s ultra-cynical anti-Semitic pseudo-anti-anti-Semitism. In Episode 330 of the CounterVortex podcast, Bill Weinberg takes an unsparing look. (Image via frgdr Blog. Hebrew lettering in background spells names of places in Europe where Jews were exterminated.)

North America

Alberta separation referendum on hold —for now

Provincial electoral authorities in Alberta have received a petition for independence from Canada. Elections Alberta affirmed that it received the petition, “A Referendum Relating to Alberta Independence,” and signature sheets from “pro-sovereignty” group Stay Free Alberta. The group told the CBC news that it has collected over 301,000 signatures, significantly more than the 178,000 threshold. The proposed referendum will ask voters: “Do you agree that the Province of Alberta should cease to be a part of Canada to become an independent state?” However, the verification process for the signatures is currently on hold, pending a decision from the provincial courts on the compatibility of the petition with First Nations treaty rights. (Photo: Magalie L’Abbe via Alberta Politics)

Watching the Shadows

Trump admin has transferred 17,400 to ‘third countries’

The Trump administration has built a network of third-country transfer agreements with more than 30 governments and used them to remove over 17,400 people, in some cases in defiance of federal court orders and after individuals had won their release through habeas corpus, according to data released by Human Rights First and Refugees International. The organizations report that the administration in April re-arrested and forcibly transferred to third countries people who had previously been granted withholding of removal by US immigration judges and had prevailed on habeas petitions challenging the legality of their detention. The report documents an attempted transfer of individuals to Libya last year in violation of a court order then in effect. (Photo: Venezuelan deportees in Honduras. Credit: ICE via Wikimedia Commons)

North America

BC court upholds conviction of Indigenous land defender

The Court of Appeal for British Columbia unanimously upheld the criminal contempt conviction against Chief Dsta’hyl (Adam Gagnon), finding him in breach of a court injunction by protesting against a pipeline project in the territories of the Wet’suwet’en First Nation. In 2019, the British Columbia Supreme Court issued an injunction banning protests in the construction area of the Coastal GasLink pipeline project. Defying the injunction, Chief Dsta’hyl organized a blockade in an attempt to halt the construction in 2021. At trial, he contended that the protests were necessary to uphold the traditional Wet’suwet’en law of trespass and fulfill his duties as a chief to preserve and protect their yintah (territory). The trial judge rejected the defense, holding that it was an impermissible “collateral attack” on the injunction. Amnesty International declared Chief Dsta’hyl Canada’s first prisoner of conscience. (Image: Front Line Defenders)

Watching the Shadows

Podcast: Can we at least 86 the bullshit?

The surreal spectacle of ex-FBI director James Comey surrendering to federal authorities to face charges of threatening Donald Trump over an innocent Instagram post illustrates the line between a mere conservative and an actual fascist. CounterVortex chief ranter Bill Weinberg had a personal run-in with Comey back when he was a federal prosecutor. Later, as FBI chief, Comey was accused of trying to prejudice the electorate against Hillary Clinton—only to be himself targeted by the Trump Justice Department. The absurdity of the latest charges against Comey are obvious to anyone who has worked in the restaurant industry. Trump should indeed be eighty-sixed—through legal and constitutional means, such as impeachment, 25th Amendment invocation, or nullification of his illegitimate election. And, indeed, sent to face war crimes charges at The Hague. In Episode 326 of the CounterVortex podcast, Weinberg says: Yes, #8647! Fuckin’ A! (Screenshot via, inter alia, CNN)

North America

Ninth Circuit: Trump may suspend refugee admissions

The US Court of Appeals for the Ninth Circuit ruled that President Donald Trump has the power to suspend refugee admissions to the United States, though the court provided some relief to refugees who had already been conditionally approved before the policy was implemented. Refugees and refugee resettlement organizations filed the lawsuit challenging a January 2025 executive order signed by Trump, which suspended refugee resettlement programs in the United States. The lawsuit, filed in a federal district court in Washington state, won a preliminary injunction requiring the government to continue aspects of the refugee program. The government appealed the decision, stating that the refugee program was within the president’s legal authority. The dispute may ultimately reach the US Supreme Court if the parties seek further review of the Ninth Circuit’s decision. (Photo: Grace Deng/Washington State Standard)

North America

British Columbia: protest call to amend Indigenous rights act

The Law Society of British Columbia warned that the provincial government’s intention to amend the Declaration on the Rights of Indigenous Peoples Act (DRIPA) may erode judicial independence and improperly constrain the power of the courts. The proposed amendment would limit the role of the judiciary in matters related to DRIPA’s implementation, and follows two landmark court rulings upholding Aboriginal rights and title last year. The BC Supreme Court held in August that the Cowichan Tribes have established Aboriginal title in the city of Richmond, meaning that the province is obliged under the DRIPA to “reconcile” fee simple interests in the city with tribal authorities. In December, the BC Court of Appeal held that the provincial mineral tenure system—allowing registration of mineral rights online without notifying or consulting the Gitxaała and Ehattesaht nations—is impermissible under the DRIPA, which commits the province to upholding principles of the UN Declaration on the Rights of Indigenous Peoples. (Photo: Wikipedia)

Planet Watch

Today Greenland, tomorrow the world

Trump’s Greenland annexation drive is only secondarily about the strategic minerals, but fundamentally driven by a geostrategic design to divide the planet with Putin. Even if his belated and equivocal disavowal of military force at the Davos summit is to be taken as real, the threat has likely achieved its intended effect—dividing and paralyzing NATO, so as to facilitate Putin’s military ambitions in Europe, even beyond Ukraine Also at Davos, Trump officially inaugurated his “Board of Peace,” seen as parallel body to the United Nations that can eventually displace it—dominated by Trump and Putin, in league with the world’s other authoritarians. In the Greenland gambit, the territory itself is a mere pawn in the drive to establish a Fascist World Order. In Episode 314 of the CounterVortex podcast, Bill Weinbergcalls for centering indigenous Inuit voices on the future of Greenland, and universal repudiation of annexationist designs. (Image: TruthSocial)

North America

UN rights chief expresses alarm over deaths in ICE custody

US immigration enforcement faces mounting scrutiny from international officials as well as congressional Democrats following a detainee death ruled a homicide by a county medical examiner in Texas. The disturbing development comes amid a dramatic spike in deaths in Homeland Security custody. UN High Commissioner for Human Rights Volker Türk called on the US to ensure that its immigration policies comply with international law, citing reports of arbitrary detentions, family separations, and dehumanizing treatment. Democratic lawmakers meanwhile demanded that Homeland Security Secretary Kristi Noem answer for a growing death toll in immigration detention since President Donald Trump took office for his second term. (Photo: Paul Goyette in Chicago via Wikimedia Commons)

North America

Rule of law under attack amid rising authoritarianism in US: Amnesty International

Amnesty International published a report warning of rising authoritarianism in the US and detailing numerous ways in which the rule of law and basic rights are being threatened. The report, entitled Ringing the Alarm Bells: Rising Authoritarian Practices and Erosion of Human Rights in the United States, ties these areas of concern largely to the policies of President Donald Trump. They range from threats to freedom of speech and protest, to the erosion of anti-discrimination protections. The report finds that a key test of democratic resilience will be the federal midterm elections of November 2026, with many early signals pointing to mounting threats to the right to vote. (Photo: Chad Davis)