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Thousands of Quakes, Tied to Fracking, Keep Shaking the Site C Dam Region PDF Print E-mail
Justice News
Posted by Joan Russow   
Friday, 14 August 2020 17:05

 

Andrew Nikiforuk  https://thetyee.ca/News/2020/08/13/Quakes-Fracking-Site-C-Dam-Region/

Several recent reports on the tremors add to concerns about the mega-project’s stability.

Building the Site C dam in northeastern British Columbia is proving more difficult than officials predicted due to unstable ground on the northern bank. Adding to concerns: myriad earthquakes.

For nearly a decade, The Tyee has reported on a rising number of earthquakes caused by the hydraulic fracturing of shale formations in the region. Now, new studies put the number of such tremors in recent years in the many thousands, raising more worries about the future of the mega-project.

Researchers warn the shaking could become strong enough to crumble critical infrastructure such as roads, high-rise buildings — and dams. 

B.C.’s regulatory practices try to limit fracking after small earthquakes have been triggered. But that’s “not sufficient to protect critical or vulnerable infrastructure that have unacceptable failure consequences,” noted seismic hazard expert Gail Atkinson in the May 7 issue of Nature Reviews. 

No one can yet predict frack-triggered quakes before they happen, and “hazard forecasting” remains a “critical area of research.”

Another study, released this week by researcher Ben Parfitt at the Canadian Centre for Policy Alternatives, took data from federal earthquake catalogues to show how many tremors the fracking industry is producing near the Site C dam.

The numbers are staggering. Between 2017 and 2018 alone, the industry triggered 6,551 earthquakes greater than 0.8 magnitude in the region near the troubled mega-project with a price estimate of $12 billion and rising.

Last Updated on Friday, 14 August 2020 17:08
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Wet’suwet’en: Why Are Indigenous Rights Being Defined By An Energy Corporation? PDF Print E-mail
Justice News
Posted by Joan Russow   
Thursday, 13 February 2020 10:08

Yellowhead Institute generates critical policy perspectives in support of First Nation jurisdiction.

Wet’suwet’e

post by Shiri Pasternak 2020-02-07

In Treaties, Rights and Title

AN UNSIGNED AGREEMENT

 

between a Wet’suwet’en First Nation and Coastal GasLink along with financial documents obtained by Yellowhead Institute provide reinforcement to Yellowhead’s assessment of the ways these private contracts can dramatically undermine First Nation rights and jurisdiction.

The Impact and Benefit Agreement (IBA) and other documents were drafted in 2016, two years before the first payments were made to the First Nation. Because official agreements are not available to the public due to confidentiality clauses, these documents provide a valuable record of Coastal GasLink’s negotiating objectives.

Last Updated on Friday, 20 March 2020 14:42
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They stole the Children from the Land Now They Steal the Land from the Children PDF Print E-mail
Justice News
Posted by Joan Russow   
Monday, 10 February 2020 08:49

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The Court erred in granting an injunction 

1.    AN INJUNCTION IS AN EQUITABLE REMEDY

AN INJUNCTION IS AN EQUITABLE REMEDY. THE EXERCISE OF THE EQUITABLE JURISDICTION IS NOT TO BE RESTRICTED BY THE STRAITJACKET OF RIGID RULES BUT IS TO BE BASED ON BROAD PRINCIPLES OF JUSTICE AND CONVENIENCE, EQUITY REGARDING THE SUBSTANCE AND NOT MERELY THE FACADE OR THE SHADOW. IT MOVES WITH TIME AND CIRCUMSTANCES. (1991 BC JUSTICE J.A. NORRIS)

A. TIME AND CIRCUMSTANCES HAVE CHANGED SINCE 1991 AFTER UN CONFERENCE ON ENVIRONMENT AND THE DEVELOPMENT (UNCED)

(i) in 1992, Canada signed and in 1993, ratified  the legally binding UN Framework Convention on Climate Change 

whose objective is 

 

article 2, the ultimate objective the UNFCCC convention and any related legal instruments that the conference of the parties may adopt is to achieve stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system;

Last Updated on Monday, 10 February 2020 09:03
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B.C. landowners dig in their heels over Trans Mountain pipeline construction PDF Print E-mail
Justice News
Posted by Joan Russow   
Wednesday, 11 September 2019 13:13
 
“It’s caused me emotional devastation. They are killing me through stress and legal fees.”
 
LAURA KANE, THE CANADIAN PRESS Updated: September 10, 2019
 
 
Barbara Gard calls her three-hectare property, nestled below the forested peak of Sumas Mountain, a “miniature Stanley Park.” Its lush trees and flowing creek reminded her of Vancouver’s majestic park, and she immediately knew she wanted to call it home.
 
But she said her peaceful retreat in Abbotsford now feels more like a nightmare. Gard is among thousands of landowners along the Trans Mountain pipeline expansion route who have not yet granted the Crown corporation access to their property, and she said her dealings with the project’s owners over the years have shattered her mental health.
 
“It’s caused me emotional devastation,” said Gard, a 64-year-old school psychologist on medical leave from work. “They are killing me through stress and legal fees.”
 
Numerous hurdles remain before significant construction can begin on the massive project. Trans Mountain Corp. has not signed agreements with 33 per cent of landowners, no part of the detailed route has been approved, about half of the necessary permits are outstanding and it must meet dozens of conditions with the Canada Energy Regulator, formerly the National Energy Board.
 
Further, it faces resistance in southwest B.C., where landowners are digging in their heels, Indigenous groups are filing legal challenges and protesters are planning to ramp up activity.
 
The federal Liberal government bought the pipeline for $4.5 billion last year. The parliamentary budget officer has said that if the expansion is not complete by the end of 2021, it would be fair to conclude the government overpaid for the asset.
Last Updated on Wednesday, 11 September 2019 13:28
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Ottawa’s Wood Buffalo plan ‘not good enough’: First Nations PDF Print E-mail
Justice News
Posted by Joan Russow   
Tuesday, 12 February 2019 20:47
 
Canada’s largest national park is at risk of losing its status as a World Heritage site due to the impacts of dams, oil development and climate change
 
Judith Lavoie Feb 7, 2019 
 
https://thenarwhal.ca/ottawas-wood-buffalo-plan-not-good-enough-first-nations/?fbclid=IwAR34CIc9xuURU8rqlXU5HE_nrIIj4oCkgBU-Q_RMTkA_QMKllV93_gBoo2
 
 
 
The federal government is promising to create artificial ice jams, strategically release water from BC Hydro dams and assess cumulative impacts on northern Alberta’s Peace-Athabasca delta in an attempt to retain the World Heritage status of Canada’s largest national park.
 
 
 
However, Ottawa’s long-awaited action plan for Wood Buffalo National Park rejects a World Heritage Committee recommendation calling on Canada to  conduct an environmental and social impact assessment of the controversial Site C dam. The action plan says the federal government’s hands are tied because an assessment of the project was completed by a federal-provincial review panel before the dam was approved in 2014.
Last Updated on Saturday, 16 February 2019 08:39
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Rachel LaFortune: "Rule of law" is not a justification for colonial violence in Wet'suwet'en pipeline dispute PDF Print E-mail
Justice News
Posted by Joan Russow   
Friday, 08 February 2019 13:03
 
BY Rachel LaFortaine
https://www.straight.com/news/1196861/rachel-lafortune-rule-law-not-justification-colonial-violence
 
by Guest on February 4th, 2019 at 5:06 PM

By Rachel LaFortune

 
 
SUB.MEDIA SCREEN SHOT
By Rachel LaFortune
 
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Showdown expected in northwestern B.C. between RCMP and Indigenous protesters over pipeline project
When governments rely on court-granted injunctions to define the “rule of law” in respect to Indigenous land occupations, they risk breaching their Constitutional and international human-rights obligations and undermining any chance at meaningful reconciliation.
 
Case in point: the injunction currently being enforced against Wet’suwet’en land and water defenders in British Columbia.
Last Updated on Friday, 08 February 2019 13:28
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The ICCA Consortium stands with the Wet’suwet’en PDF Print E-mail
Justice News
Posted by Joan Russow   
Wednesday, 30 January 2019 19:05
 
We submit this message to you as a demonstration of our support and solidarity as you uphold and defend your unceded, ancestral homeland. The Wet’suwet’en have the right to live in balance with their lands and waters and have a responsibility to defend their culture, language, and livelihood.
 
The ICCA Consortium is an international association under Swiss law uniting federations and organizations  of  indigenous  peoples,  local  communities  and civil  society  organisations concerned  with  the  appropriate  recognition  of  the territories  and  areas  conserved  by indigenous peoples and local communities (ICCAs) throughout the world.  We are a partner organization  of  the  Secretariat  of  the  Convention  on  Biological  Diversity  (CBD),  the  United Nations  Development  Programme  (UNDP  GEF  SGP)  and  the  International  Union  for  the Conservation  of  Nature  (IUCN).  Our direct Members  and  Honorary  members  span  over seventy-five countries.
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No Access without Consent WEDZIN KWA CHECK POINT UNISTOTEN PDF Print E-mail
Justice News
Posted by Joan Russow   
Tuesday, 15 January 2019 16:39
Rise and Resist's photo.
 
JAN16

No More Business as Usual: We Stand with Wet'suwet'en!

 
SITE C 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   
Saturday, 12 January 2019 23:03

 

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.  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?

 

 

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. CONCLUSION 

Last Updated on Saturday, 12 January 2019 23:20
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Alex Neve and Sarah Morales: Site C dam still far from ‘point of no return’ PDF Print E-mail
Justice News
Posted by Joan Russow   
Tuesday, 20 November 2018 11:49
Alex Neve and Sarah Morales: Site C dam still far from ‘point of no return’
ALEX NEVE & SARAH MORALES Updated: November 19, 2018
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Installation of concrete for the south-bank tailrace wall in July at B.C. Hydro's Site C dam construction project on the Peace River near Fort St. John. B.C. HYDRO / PNG

ADJUST
 
Installation of concrete for the south-bank tailrace wall in July at B.C. Hydro's Site C dam construction project on the Peace River near Fort St. John. B.C. HYDRO / PNG
 
ADJUST
COMMENT
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Last month, the B.C. Supreme Court handed the Horgan government a victory that may prove much more costly than a defeat.
 
The West Moberly and Prophet River First Nations had asked the court to temporarily suspend construction of the Site C dam, or at least protect critical areas of the Peace Valley while their still unresolved Treaty rights challenge is being considered. On Oct. 24, Justice Warren Milman dismissed the injunction application entirely. This is exactly what the provincial government and B.C. Hydro had asked the court to do.
 
At the same time, the judge ruled that the First Nations’ legal challenge can continue with the possibility that, if the First Nations are able to prove their case, the dam could be stopped before plans to flood the Peace River Valley are completed.
 
In other words, the court told the province, if you so choose, you’re free to continue sinking billions of dollars into a project you might never be allowed to complete.
Read more...
 
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