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.
Canada's Federal Court of Appeal overturned approval of Enbridge energy company's controversial Northern Gateway pipeline that would link Alberta's oil sands to British Columbia's north coast. In the 2-1 ruling June 30, the three-judge panel found that Ottawa failed to properly consult the First Nations affected by the project. That the federal government's consultation efforts "fell well short of the mark," the ruling stated. "We find that Canada offered only a brief, hurried and inadequate opportunity...to exchange and discuss information and to dialogue." President of British Columbia's Haida Nation, Peter Lantin, said: "It's a great day for Haida Gwaii and the coast of BC. We're all celebrating a victory for the oceans and our way of life."
Police arrested 65 protesters who briefly shut down the port at Newcastle, NSW, Australia's biggest coal export terminal, on May 8. Hundreds of kayaks and boats blocked the entrance to Newcastle harbor to stop coal ships, while another group blocked rail lines on the city's northwest. Australia has seen numerous anti-mining direct action campaigns in recent years, but this was part of a coordinated global direct action campaign against fossil fuels. Actions are taking place in at least 12 countries under the Break Free From Fossil Fuels campaign. A similar flotilla action is planned for the Kinder Morgan pipeline terminal in Vancouver, BC. In Albany, NY, people from across the Northeast gathered May 14 to block oil trains along the banks of the Hudson River, while Denver saw a protest march against fracking in Colorado. Actions are also planned for Quito to protest the opening of Ecuador's Yasuni National Park to oil drilling. (The Guardian, May 8; Burnaby Now, 24 Hours, BC, May 4; BFFF)
Michael T. Klare has a piece on TruthDig about last month's OPEC meeting in Doha, Qatar, where high expectations of a boost to chronically depressed prices were dashed: "In anticipation of such a deal, oil prices had begun to creep inexorably upward, from $30 per barrel in mid-January to $43 on the eve of the gathering. But far from restoring the old oil order, the meeting ended in discord, driving prices down again and revealing deep cracks in the ranks of global energy producers." Klare acknowledges the geopolitical factor in keeping prices down: "Most analysts have since suggested that the Saudi royals simply considered punishing Iran more important than lowering oil prices. No matter the cost to them, in other words, they could not bring themselves to help Iran pursue its geopolitical objectives, including giving yet more support to Shiite forces in Iraq, Syria, Yemen, and Lebanon." But he sees market forces and the advent of post-petrol technologies as more fundamental...
Crisis teams are being deployed to the Cree community of Attawapiskat in northern Ontario, where more than 100 residents have tried to take their own life in the past seven months. Attawapiskat Chief Bruce Shisheesh said a state of emergency has been declared in the community, and Canada's Health Minister Jane Philpott called the situation "one of the most serious and pressing tragedies" facing the country." Hundreds more adolescents have attempted suicide, and hundreds more than that have been placed on a "suicide watch"—in a community of only 2,000. (Winipeg Free Press, April 25; CBC, CBC, April 11)
The Supreme Court of Canada announced March 10 will review two decisions of the National Energy Board related to aboriginal consultation. One case challenges a board decision to allow seismic testing in the waters off the east coast of Baffin Island, which is opposed by the Inuit village of Clyde River, Nunavut. The other is an appeal by the Chippewa of the Thames First Nation in southern Ontario of a ruling that approved the expansion of Enbridge corporation's Line 9 pipeline from the Alberta oil sands to a Montreal refinery. Both Clyde River and the Thames First Nation say they were not adequately consulted on the respective projects. Under Canada's Constitution, the Crown has a "duty to consult" and accommodate, wherever possible, indigenous peoples on any actions that may adversely affect their aboriginal and treaty rights. (Al Jazeera, March 20; CTV, March 10)
The Mohawk nation is threatening to do everything legally in its power to block TransCanada's Energy East pipeline project, calling it a threat to their way of life. Mohawk Kanesatake Grand Chief Serge "Otsi" Simon warned in a March 9 letter to Quebec Premier Philippe Couillard that the project to move 1.1 million barrels of crude and shale oil a day from Alberta to refineries in Canada's east is "risky and dangerous" for First Nations and a threat to their lands, waters and very survival. "Indeed an alliance of indigenous nations, from coast to coast, is being formed against all the pipeline, rail and tanker projects that would make possible the continued expansion of tar sands," Simon wrote. "One thing for sure, we the Mohawks of Kanesatake will not be brushed aside any longer and we wish to press upon you that we reserve the right to take legal action if necessary to prevent the abuse of our inherent rights."
An ominously ironic juxtaposition of news stories, for those who are paying attention. First, the apparent good news. President Obama announced Nov. 6 that he's rejected the Keystone XL oil pipeline, after seven years of deliberation on the question. Obama invoked the prospect of leaving the 800,000 barrels a day of Canadian shale oil the pipeline would carry in the ground. "America is now a global leader when it comes to taking serious action to fight climate change," the president said. "And, frankly, approving this project would have undercut that global leadership." (NYT, Nov. 6) But one day earlier, Obama notified Congress of his intent to sign the Trans-Pacific Partnership (TPP), and finally released the text of the heretofore secretive trade deal. The notification starts a 90-day countdown to the next step in the approval process—seeking Congressional authorization. (The Hill, Reuters, Nov. 5)