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Arguments in Site C dam court case represent ‘cynical denial’ of Indigenous rights: B.C. Indian Chiefs PDF Print E-mail
Justice News
Posted by Joan Russow   
Thursday, 09 August 2018 09:38
 
 
BC Hydro lawyers argue Treaty 8 never guaranteed any "practical, traditional, cultural, or spiritual connection to any land" for First Nations
 
By Sarah Cox Aug 7, 2018  
https://thenarwhal.ca/arguments-in-site-c-dam-court-case-represent-cynical-denial-of-indigenous-rights-b-c-indian-chiefs/
 
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Grand Chief Stewart Phillip with his wife Joan Phillip at the 2017 Paddle for the Peace.

 
The Union of B.C. Indian Chiefs has taken the unusual step of writing an open letter to Premier John Horgan denouncing legal arguments made last week by BC Hydro as a form of “neo-colonization” and demanding a formal apology from the provincial government.
 
BC Hydro’s lawyers made the arguments during ongoing B.C. Supreme Court hearings for an injunction application by West Moberly First Nations to halt work on the Site C dam on B.C.’s Peace River, pending a full civil trial to determine if the $10.7 billion project violates treaty rights.
 
“We call on you to publicly denounce these statements that diminish Indigenous rights in an open letter to the B.C. Supreme Court, and to apologize formally for the disrespect shown to the Treaty 8 First Nations,” said the letter, signed by Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs (UBCIC), as well as vice-president Chief Robert Chamberlin and secretary treasurer Judy Wilson.
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Kinder Morgan expansion, contravenes the precautionary principle, risking irreversible harm, misconstrues the equitable remedy of the injunction and discounts indigenous rights. PDF Print E-mail
Justice News
Posted by Joan Russow   
Monday, 30 July 2018 21:34

By JoanRussow  Global Compliance Research Project

Joan Russow founded the Global Compliance Research Project that  calls upon countries to comply with their international obligations and commitments. She has attended many international climate change, and environmental conferences. She walked 76 km from Victoria to Burnaby against Kinder Morgan. Injunctions should be against those who cause irreversible harm not those who strive to prevent irreversible harm. Since Clayoquot Sound, she has been concerned about the misconstruing of injunctions and she is still saying, as she did then, “who are the real criminals?

 

J1 under Mt. Baker©Stefan Jacobs

/www.orcanetwork.org/nathist/salishorcas1.html

 

 

Is it a crime to strive to prevent crime or is it a crime to cause and condone it?

 

A. NOT HEEDING AN INJUNCTION AS BEING AN EQUITABLE REMEDY THAT MOVES WITH TIME AND CIRCUMSTANCES AND TREATIES MUST BE COMPLIED WITH IS UNIVERSALLY RECOGNIZED (PACTA SUNT SERVANDA)

B. DISREGARDING “BEING HARMFUL” TO ECOSYSTEMS AS BEING A CRIME TO STATE AND SOCIETY –

C. OVERLOOKING THE PRECAUTIONARY PRINCIPLE AND CONSERVATION  COMMITMENTS

D DISCOUNTINGA GLOBAL VISION FROM COP21 CONFERENCE  IN PARIS

E. DISRESPECTING RIGHTS OF FUTURE GENERATION

F. DISPENSING WITH UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES (UNDRIP)

G.  JEOPARDIZING FUTURE CONSERVATION PROJECTS IN THE SALISH SEA,

H. FAILING TO APPLY THE DOCTRINE OF LEGITIMATE EXPECTATION

I. IGNORING A MEANS TO CANCEL KINDER MORGAN WITHOUT A REPRISAL FROM NAFTA UNDER CHAPTER  11

J. CLOSING THE EYES TO A POTENTIAL BOONDOGGLE OF AN INVESTMENT

K. CONCLUSION  AND POEM BY NNIMMO BASSEY

Last Updated on Thursday, 09 August 2018 02:46
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Should BC Pull Out of Canada? PDF Print E-mail
Justice News
Posted by Dragonslayer   
Tuesday, 29 May 2018 21:12

If The Canadian Government Takes over Kinder Morgan and tries to pass legislation to force the pipeline iy will be in a legal conflict of interest by passing laws to benefit their own company.

 

Perhaps it is time for the people of BC to have a referendum about leaving Canada.   Maybe we should initiate talks with Washington, Oregon and Calafornia to form a new country separate from the US and Canada?   Indeed we have the resources and progressive politics to do so.

 

When politicians take your country far to the right and work to subvert peoples rights in order to push corporate agendas,  it is time for the people to take back their country.

Last Updated on Friday, 01 June 2018 11:04
 
Ta’ah Amy George, Grand Chief Stewart Phillip, Indigenous leaders and hundreds of others shut down work at Kinder Morgan terminal PDF Print E-mail
Justice News
Posted by Joan Russow   
Saturday, 07 April 2018 16:57

By  coast protectors info@coastprotectors.ca

 

April 7, 2018 (Burnaby Mountain, Burnaby BC)

 

A full-day blockade at Kinder Morgan’s Burnaby construction site today was led by Tsleil-Waututh Elder Ta'ah Amy George and the full executive of the Union of BC Indian Chiefs, which represents more than half the Nations, tribes and Bands in BC.

Grand Chief Stewart Phillip (Penticton Indian Band), Chief Bob Chamberlin (Kwikwasut’inuxw Haxwa’mis First Nation) and Chief Judy Wilson (Neskonlith First Nation in Secwepemc territory) were joined by hundreds of supporters in pouring rain, shutting down work at the facility for the day. 

A long rolling clap of thunder struck at the same moment as the drummers began  the gathering, prompting cheers from the large crowd of supporters. After hours of blocking both gates to the tanker farm and after it was clear that Kinder Morgan was finished work for the day, Grand Chief Stewart Phillip declared victory:

Last Updated on Saturday, 07 April 2018 17:06
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B.C. recruits noted constitutional lawyer for court action over Trans Mountain expansion PDF Print E-mail
Justice News
Posted by Joan Russow   
Tuesday, 13 March 2018 06:45

 

http://www.cbc.ca/news/canada/british-columbia/trans-mountain-kinder-morgan-court-joseph-arvay-1.4573634

B.C. recruits noted constitutional lawyer for court action over Trans Mountain expansion

Joseph Arvay has made arguments in several headline-grabbing court cases

By Liam Britten, CBC News Posted: Mar 12, 2018 10:12 PM PT Last Updated: Mar 12, 2018 10:12 PM PT

Joseph Arvay will be developing a reference case on behalf of the B.C. government as to whether or not the province can restrict bitumen exports.

Joseph Arvay will be developing a reference case on behalf of the B.C. government as to whether or not the province can restrict bitumen exports. (Darryl Dyck/Canadian Press)

 
 
 
 
 
 
 

Related Stories

A high-profile constitutional lawyer will represent British Columbia in an upcoming court action over Kinder Morgan's Trans Mountain pipeline expansion.

The province announced Monday that Joseph Arvay has been appointed external counsel for B.C. in a reference case that could establish whether or not B.C. can restrict bitumen transported through the province.

A reference case is where the court is asked to weigh in on a particular legal matter, often when the constitution or division of powers between the federal and provincial governments is involved.

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Opponents of Kinder Morgan pipeline call out media's false equivalency in coverage of demonstrations PDF Print E-mail
Justice News
Posted by Joan Russow   
Monday, 12 March 2018 20:58

by Charlie Smith  Georgia Strait

on March 12th, 2018 at 4:32 PM

 

  • This was the scene in Burnaby on Saturday (March 10).
 
  • This was the scene in Burnaby on Saturday (March 10). Mike Hudema

There's an unusual clarification at the bottom of a recent CBC News web story about two pipeline demonstrations in Metro Vancouver.

"A previous version of this story gave coverage to the pro-pipeline rally that was disproportionate based on the number of people who attended it," the tagline states. "The story has been updated to more accurately reflect both sides of the debate."

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Lax Kw’alaams hereditary leaders voice support for oil tanker ban PDF Print E-mail
Justice News
Posted by Joan Russow   
Wednesday, 28 February 2018 16:50

 

Lax Kw’alaams hereditary leaders voice support for oil tanker ban

 

 

A group of North Coast First Nation hereditary leaders says it is in full support of the federal government’s proposed oil tanker ban.

Last Updated on Wednesday, 28 February 2018 16:55
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First Nations say they've secured major work stoppage on Site C dam in advance of injunction application PDF Print E-mail
Justice News
Posted by Joan Russow   
Tuesday, 27 February 2018 14:56
Charlie Smith - February 26th, 2018

West Moberly Chief Roland Willson says "B.C. Hydro wouldn’t send their contractors home and shut down work for the next six months unless their back was against the wall. - Roland Willson

Many assumed the $10.7-billion Site C dam was a done deal when Premier John Horgan announced in December that B.C. Hydro would complete the project.

That perception was reinforced less than when the Crown utilitychose its preferred proponent for the generation station and spillways civil-works contract.

Moreover, the International Union of Operating Engineers, which strongly supports the Site C dam, donated $123,520 to the NDP before the 2017 election.

It left little doubt in the minds of most media commentators that nothing could stop the project.

Last Updated on Thursday, 01 March 2018 17:11
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'Science is being ignored:' prominent Alberta professor sides with B.C. on pipeline PDF Print E-mail
Justice News
Posted by Joan Russow   
Tuesday, 20 February 2018 15:10

David Schindler

David Schindler was awarded an Alberta Order of Excellence in 2008 for his work protecting fresh water resources in Canada and around the world and has advised the provincial government on oil spill clean-ups in the past. (University of Alberta)

Notley announced a provincial boycott on all imports of B.C. wines and cut off talks to purchase $500 million worth of electricity from B.C, escalating the inter-provincial spat over the pipeline.

He mentioned a Royal Society of Canada study from 2015 that lays out the unknowns when it comes to the transport of bitumen and said that many of the issues raised then have still not been addressed.

In particular, he said, he is concerned with oil spills during colder months.

"We still don't know how to get bitumen out from under the ice," he said. "If it goes in to one of the major salmon rivers crossing B.C., we will just sit by and helplessly watch it go downstream."

Climate change commitments 

It's not just scientific research and answers that are lacking, Schindler says, but also commitment to promises during the 2015 United Nations Climate Change Conference held in Paris.

"From what I see, we are not taking this commitment very seriously at all," he said. "We are taking a very 'head in the sand' approach to the problem."

  • NEB clears Trans Mountain to begin pipeline tunnel work at Burnaby Mountain

He says ventures to more renewable sources of energy, particularly geothermal, and away from the oil and gas industry are key to moving forward.

"If this were the beginning of the 20th century, we'd probably be protecting the buggy manufacturers and telling people 

Ecology professor argues the interprovincial dispute is being driven by politics, not science

By Clare Hennig, CBC NewsPosted: Feb 19, 2018 3:35 PM PT Last Updated: Feb 19, 2018 3:35 PM PT

Despite the tough stance from Alberta Premier Rachel Notley about Kinder Morgan Canada's pipeline expansion, a prominent Alberta academic is taking British Columbia's side in the dispute.

David Schindler, professor emeritus of ecology at the University of Alberta, says he thinks B.C.'s concerns about the Trans Mountain pipeline are legitimate.

The issue is one of science and not politics, he argues.

"Somehow, science is being ignored in all this," he told CBC. Early Edition Stephen Quinn. "I think the questions [about spills] are very legitimate."

The National Energy Board recently announced that construction of the TransMountain pipeline expansion can go forward on Burnaby Mountain, but the B.C. government says it will restrict any increase in bitumen shipments until further study is conducted on spills.

Last Updated on Wednesday, 21 February 2018 19:25
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1993 submitted to CORE Statement of Expectations and Obligations PDF Print E-mail
Justice News
Posted by Joan Russow   
Thursday, 15 February 2018 10:59

 

Conservation and Ecologically Sound Practices

From the archives

 

By Joan Russow Sessional Lecture,

Global Issues in Environmental Studies Program

Universityof Victoria

Humanity stands at a defining moment in history.  We are confronted with a perpetuation of disparities between and within nations, a worsening of poverty, hunger, ill health and illiteracy, and the continuing deterioration of the ecosystems on which we depend for our well-being. ... (1.1 Preamble, Agenda 21)

 

Statement of Obligation 

Conservation and Ecologically Sound Practices

 

"Maxim of Equity:  Equity imputes an intention to fulfill an obligation." (Snell’sEquity 1990)

Canada has made international commitments, and the public can impute an intention to fulfill these obligations (Vienna Convention on the Law of Treaties)

RECOGNITION OF URGENCY

Biological diversity is being significantly reduced by certain human activities, (preamble, Convention of Biological Diversity)

• Importance of biological diversity for evolution and for maintaining life sustaining systems of the biosphere, (preamble, Convention of Biological Diversity)

• Conservation of biological diversity is a common concern of humankind, (preamble, Convention of Biological Diversity)

• This natural wealth is being eroded at an unprecedented rate, because of the rapid growth in human numbers, the uneven and often excessive consumption of natural resources, mistaken and socially harmful styles of development, global pollution and defective economic regimes, so that the future of humanity is now threatened (Caracas declaration)

• Many people must modify their styles of living and the world community must adopt new and equitable styles of development, based on the care and sustainable use of the environment, and the safeguarding of global life-supporting systems (Caracas declaration)

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