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.
The Supreme Court of Canada ruled unanimously July 26 in favor of the Inuit community of Clyde River, Nunavut, which has for the past three years fought to stop seismic testing in their Arctic waters. The Court found that the Inuit were not properly consulted on the oil exploration project off Baffin Island. The decision nullified a five-year seismic testing permit issued by the National Energy Board (NEB) in 2014. The justices wrote that the NEB's consultation process with the community was "significantly flawed," paying little respect to the aboriginal rights of the Inuit and their reliance on local marine mammals for subsistence.
London's High Court of Justice ruled (PDF) July 10 that the UK can continue to export arms to Saudi Arabia. The Campaign Against Arms Trade (CAAT) brought the suit on the grounds that the weapons have been used to violate international humanitarian and rights laws. For the last two years, Saudi Arabia has been waging attacks on Yemen, causing the deaths of over 10,000 civilians. Several advocacy groups, including Amnesty International and Human Rights Watch, intervened in the suit. The court looked at a range of evidence, including secret information that was not released to the public due to security concerns. A substantial portion of Lord Justice Burnett's reasoning is contained in a "closed judgment" document that is only available to the government's legal team and a security-cleared "special advocate" for CAAT.
The Canadian Minister of Foreign Affairs Chrystia Freeland and Minister of Public Safety and Emergency Preparedness Ralph Goodale issued a joint statement on July 7 apologizing to former Guantánamo detainee Omar Khadr for violating his rights under the Canadian Charter of Rights and Freedoms. Freeland and Goodale's statement read:
US Secretary of State Rex Tillerson on May 11 signed the Fairbanks Declaration, affirming the neeed for protection of the Arctic's climate. The move, at the 10th Arctic Council Ministerial Meeting held in the Alaska city, came after much speculation that the US would decline to sign, or even use the occasion to announce its withdrawal from the Paris Agreement. The Fairbanks Declaration notes the importance of the Paris Agreement, while stating that "the Arctic is warming at more than twice the rate of the global average." The US getting on board was apparently the fruit of behind-the-scenes diplomatic pressure. "I think we were able to push the US back as much as possible," Rene Solderman, Finland's senior adviser on Arctic affairs, told reporters after the ministerial session.
President Trump's Jan. 28 executive order barring nationals of seven Middle East countries from entering the US was immediately followed by the burning of a mosque in the south Texas town of Victoria. Two days after that, six were killed and eight others injured when at least two gunmen opened fire at a mosque in Quebec City. The attack came as worshippers were gathered for evening prayers at the Centre Culturel Islamique de Québec. (Montreal Gazete) Now, amazingly, the White House is exploiting the Quebec attack to justify the very policy that may have inspired it. "We condemn this attack in the strongest possible terms," press secretary Sean Spicer said at his daily briefing Jan. 30. "It's a terrible reminder of why we must remain vigilant, and why the president is taking steps to be proactive, rather than reactive, when it comes to our nation's safety and security." (Toronto Star)
The Mohawk band council of Akwesasne in Canada has introduced its own legal system independent of the country's federal system. This marks the first instance of an indigenous people creating its own legal system in Canada. While First Nation band councils have passed and enforced legislation on reserves for years, the new court framework was drafted by the community and is not tied to the Indian Act or any agreement with the Canadian government. Under the proposed legal system, justices and prosecutors are asked to enforce a variety of civil laws, while criminal matters still remain within the purview of the federal or provincial courts. The civil matters range from sanitation to property and wildlife conservation. The new system is underpinned by concepts of restorative justice, as there are no jail terms and offending parties are to use their skills to benefit the community. Questions remain as to what extent Akwesasne law will be recognized by provincial and federal courts.