The Supreme Court of Canada ruled Oct. 11 that the federal government does not have a responsibility to consult with First Nations before introducing legislation, even in cases when it would impact their lands and livelihood. The 7-2 ruling in Chief Steve Courtoreille et al vs Governor in Council et al ends a challenge by the Mikisew Cree First Nation of Alberta to a 2013 reform of Canada's environmental laws by the administration of then-prime minister Stephen Harper. The reform altered the Canadian Environmental Assessment Act, the Fisheries Act, the Species at Risk Act, and the Navigable Waters Protection Act, reducing the number of projects that require environmental assessment studies and narrowing the scope of those assessments. The Mikisew Cree contended that the reform violated constitutionally-protected treaty rights of Canada's indigenous First Nations.
Some 50,000 to 60,000 people fleeing war and persecution will start a new life and be on track for a new passport in 2018, but it will be the fewest number of refugees resettled globally any year since 2007, UN figures show. The drop is mainly due to President Donald Trump’s administration slashing the US quota. The United States took in 68% of the 770,000 refugees permanently resettled in the last 10 years, according to the UN—an average of about 51,000 per year. But this calendar year, fewer than 10,000 had made the journey to the United States by the end of July. Developing regions host 85% of the world’s refugees, according to the UN’s refugee agency UNHCR.
In Episode 17 of the CounterVortex podcast, Bill Weinberg discusses growing repression against the Tatar people of the Crimea, and the abrogation of their autonomous government by the Russian authorities since Moscow's illegal annexation of the peninsula. This is a clear parallel to violation of the territorial rights of the Lakota people in the United States through construction of the Dakota Access Pipeline, and the legal persecution of indigenous leaders who stood against it. The parallel is even clearer in the cases of the Evenks and Telengit, indigenous peoples of Siberia, resisting Russian construction of pipelines through their traditional lands. Yet the US State Department's Radio Free Europe aggressively covers the Tatar struggle, while Kremlin propaganda organ Russia Today (RT) aggressively covered the Dakota Access protests. Indigenous struggles are exploited in the propaganda game played by the rival superpowers. With the struggles of the Tsleil-Waututh people of British Columbia against the Trans Mountain Pipeline and the Red Lake Band of Ojibwe in Minnesota against the Line 3 Pipeline now heating up, it is imperative that indigenous peoples and their allies overcome the divide-and-rule game and build solidarity across borders and influence spheres. Listen on SoundCloud, and support our podcast via Patreon.
Canada's Federal Court of Appeal on Aug. 30 overturned (PDF) the government's approval of the Trans Mountain pipeline expansion. A number of groups challenged the approval, including several First Nations and two municipalities, asserting that the First Nations were not adequately consulted on the project. The court found that Canada failed "to engage, dialogue meaningfully and grapple with the concerns expressed to it in good faith by the Indigenous applicants so as to explore possible accommodation of those concerns." The court also found that the National Energy Board's review process on the project failed to include the impacts of tanker traffic releated to the pipeloine expansion. The decision stated that the "unjustified exclusion of marine shipping from the scope of the Project led to successive, unacceptable deficiencies in the Board’s report and recommendations." The government's approval of the pipeline expansion was nullified, halting construction. (Jurist)
US President Donald Trump announced Aug. 27 that the US and Mexico have reached an agreement on a new trade deal called the United States-Mexico Trade Agreement, which will ultimately terminate the North American Free Trade Agreement (NAFTA). While sitting at the resolute desk, Trump called Mexican President Enrique Peña Nieto to announce the new pact, which Trump described as "a really good deal for both countries [and] something that is very special for our manufacturers and farmers." Among a number of changes to NAFTA, both parties agreed to a provision that would require a significant portion of vehicles to be made in high-wage factories, a measure aimed to discourage factory jobs from leaving the US. Peña Nieto agreed with Trump while on speaker phone, stating, "I think this is something very positive for the United States and Mexico." The Mexican president further stated that he wanted Canada to be involved in the agreement.
In what the New York Times somewhat hyperbolically calls a "clash," US Border Patrol vessels have over the past two weeks stopped at least 10 Canadian fishing boats near Machias Seal Island between Maine and New Brunswick. Canada has responded by beefing up its Coast Guard patrols in what is being termed a "disputed gray zone" between the two countries' territories. "There is no illegal immigration going on there," a bewildered Canadian fisherman told the Times. "It seems silly." Most observers see it as related to the current bitter trade dispute between Washington and Ottawa. The Canadian Broadcasting Corporation says the US Border Patrol has stopped over 20 Canadian vessels so far this year in "contested waters" in the Bay of Fundy, and "has no intention of stopping." The so-called Grey Zone consists of some 700 square kilometers of lucrative lobster waters where the Bay of Fundy meets the Gulf of Maine, although few actually live in it. Machias Seal Island is a migratory bird sanctuary maintained by the government of Canada, but is otherwise uninhabited.
In a setback to Chevron's effort to evade a $9.5 billion liability owed to rainforest communities, Canada's Assembly of First Nations (AFN) and Ecuadoran indigenous leaders signed a protocol Dec. 6 to hold the corporation accountable for dumping billions of gallons of toxic oil waste and for ongoing violations of indigenous rights. The agreement was signed at the AFN Special Chiefs Assembly in Ottawa. AFN National Chief Perry Bellegarde signed the protocol along with Jamie Vargas, president of Ecuador's indigenous federation, CONAIE, and Carmen Cartuche, president of the Front for the Defense of the Amazon (FDA), the community-based organization in Ecuador's Amazon region that brought an historic lawsuit against Chevron on behalf of indigenous and campesino communities. The agreement is supported by a resolution passed unanimously by the Chiefs-in-Assembly.
As "NAFTA 2.0" negotiations open, a provision that essentially locks in Canada's current levels of oil exports to the US is drawing opposition from unlikely allies across the Canadian political spectrum but winning staunch support in the "Oil Patch," as the country's petroleum industry is colloquially called. The "proportionality clause" originally appeared in the US-Canada Free Trade Agreement of 1988 and became a major issue in that year's national election that returned Prime Minister Brian Mulroney to office. It was replicated six years later in the North American Free Trade Agreement—although Mexico won an exemption. The clause can be invoked if a government in Canada reduces US access to Canadian oil, natural gas, coal, electricity or refined petroleum products without a corresponding reduction in domestic access to those resources.