We are arranging transportation that will be leaving from Guelph, Kitchener, Waterloo, London, Deshkan Ziibiing and Hamilton that will be heading to Ottawa to support the Chippewas of the Thames First Nation who will be taking a stand in the Supreme Court of Canada to assert their rights as an Indigenous community on November 30th 2016. There will be transportation (either a bus or cars- depending on numbers) leaving Guelph and KW on November 29th that will return in the eveing of the 30th. Please ensure that you REGISTER no later than NOVEMBER 6TH at the link below:
https://docs.google.com/forms/d/e/1FAIpQLSfVi3JUDQB-15gCrCAROLHNwNUxXKMkWcJ-muIsi4eoW9F4Ew/viewform
If you have any questions or concerns, please be in touch with Hannah at hannah@lspirg.org, or GAP (Guelph Anti Pipeline) at guelphgap@gmail.com.
IMPORTANT NOTE:
If you are unable to come, but still want to support we would love for folks to buy boxes of granola bars, apples etc. that we can have on the bus with us and give to folks as snacks!
We are asking folks who are able to, to also participate in the “Food for the North” Food Drive by bringing a non-perishable food item with them. This initiative is being led by Denise Beeswax of Chippewa to strengthen solidarity with Clyde River, whose Supreme Court challenge is being heard the same day.
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In solidarity for Indigenous rights.
Chippewas of the Thames First Nation is taking a stand in the Supreme Court of Canada to assert their rights as an Indigenous community. They are challenging the Canadian government to recognise and uphold its responsibilities under treaty. COTTFN’s court case challenges the lack of consultation they received for Enbridge’s Line 9 pipeline project, but its implications go far beyond this one pipeline. The outcome of this case will impact future decisions for extractive industry and land use in relation to treaty and inherent Indigenous rights. Stand with COTTFN to uphold Indigenous rights.
https://chippewassolidarity.org/en
About the Legal Challenge:
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This legal challenge at the Supreme Court of Canada comes as a response to the failure of the Canadian government to properly consult Chippewas of the Thames First Nation (COTTFN) for Enbridge’s Line 9 pipeline reversal project. Despite the community’s objections, including intervening at the National Energy Board hearings, the Canadian government allowed the project to go ahead, breaching their duty towards Indigenous nations as outlined in treaties and affirmed in the Canadian Charter.
The first hearing of the case at the Canadian Federal Court of Appeals resulted in a ruling against COTTFN, but generated a strong dissenting opinion in the 2-1 decision. With this, COTTFN applied to the SCC to challenge this ruling, and were granted “leave to appeal.” Proceedings will start in mid-November 2016.
Supreme Court of Canada Docket Page:
http://www.scc-csc.ca/case-dossier/info/af-ma-eng.aspx?cas=36776
Chippewas of the Thames Factum for the Line 9 case before the Supreme Court of Canada:
https://chippewassolidarity.org/en/factumscc
Potential Impacts:
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The impacts of this legal challenge reach further than the terminus of Line 9. This case is a challenge of a fundamental aspect of the Canadian government’s approach to land use and resource extraction, which reflects Canada’s colonial establishment. Canada has a long history of ignoring its treaty responsibilities, and treating consultation as a checkbox that can be fulfilled by informing a community of the operations already in motion on their land. Under treaty, Canada has a duty to meaningfully consult with Indigenous communities, and a victory in this case could hold Canada accountable to this obligation in future projects. The COTTFN challenge also insists that the duty to consult is a responsibility of the federal government, and cannot be delegated to a third party like the NEB.
UNDRIP:
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The hearing for this challenge also comes on the heels of Canada’s commitment to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Canada long resisted implementing its responsibilities to uphold the rights outlined in the UNDRIP, but has now made at least a theoretical commitment to act. This challenge could move Canada to enact its duty to consult and respect the right to free, prior, and informed consent. In implementing a responsibility under the UNDRIP, Canada can also begin to rectify its global image, which is tarnished by its disrespect for international agreements.
About the Line 9 Pipeline:
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Line 9 is a 39-year-old pipeline owned by energy giant Enbridge. In late 2015, despite the documented lack of consultation with impacted Indigenous communities, the company received final approval to push diluted tar sands bitumen and Bakken fracked oil through the pipeline, which threatens life around and downstream from the pipeline. This involves reversing the flow through the pipeline (so that it flows from west to east, rather than east to west) and increasing the pressure at which the oil mixture is pumped through the pipeline.
Throughout its history, the line 9 pipeline transported light crude oil between Montreal, Quebec, and Sarnia, Ontario. While in operation, it has suffered more than 2 major incidents a year, with toxic compounds flowing into nearby watersheds. The pipeline runs through hundreds of communities, the territories of many Indigenous nations, and dozens of watersheds, including Deshkaan Ziibi (Thames River) and the Grand River.