Big news from RAVEN
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- Published on Thursday, 07 July 2016 10:15
- Written by editor
www.raventrust.com | (250) 383-2331
Big News!!
Enbridge’s Northern Gateway pipeline and tanker project is rejected by the Courts! We are still in a celebratory state here at RAVEN - and so grateful for the leadership and dogged determination of the Gitxaala, Gitga’at, Haida, Heiltsuk, Kitasoo/Xai’xais, Nadleh Whut’en and Nak’azdli Nations. On June 30th, the Federal Court of Appeal announced it has quashed the Governor in Council's order, and in turn, Enbridge's pipeline certificates. The Court concluded that Canada's consultation was unacceptably flawed, and fell well short of the mark.
Together with Sierra Club BC, along with businesses, community organizers, and thousands of you who donated, the Pull together campaign raised $600k for the legal challenges, assuring the Nations of robust legal representation every step of the way. This victory is proof of RAVEN’s vital importance: legal actions work, and though our work is comprised of small actions by people scattered all across the country, it adds up to big change.
“We find that Canada offered only a brief, hurried and inadequate opportunity... to exchange and discuss information and to dialogue,” states the ruling, which was a 2:1 split.
The list of failures by Canada include:
· a failure to consider and discuss concerns "central" to the legitimate interests of aboriginal groups;
· a lack of any explanation for why aboriginal groups never received missing information about impacts on their resources;
· a failure to correct inaccurate information about the concerns of affected First Nations;
· a failure to “engage, dialogue and grapple with the concerns expressed to it in good faith by all of the applicant/appellant First Nations”.
There’s more, but the bottom line is that government did a poor job of consulting. The court identified that the Governor in Council (GIC) had the option of dismissing Enbridge's application to build the pipeline, or to consult with First Nations and re-determine the decision.
This decision by the court also renders Enbridge's application to extend its certificate a nullity. By quashing the GIC order, there are no certificates to extend.
We anticipate Enbridge and Canada will apply for leave to appeal from the Supreme Court of Canada. They have until the end of September to do that. RAVEN is onboard to support the First Nations resisting any attempt by Enbridge to revive its pipeline certificates. We also thank the leadership of the seven Nations in the Pull Together campaign - this is inspiring and shows the legal theory of change works.
Thank you to LISA C. FONG of Ng Ariss Fong Lawyers for her help with this update!! And huge thanks to all of you who donated, fundraised and pulled together to organize to make this great day possible.
Firekeeper's tipi, Beaver Lake Cree powwow
This summer was the third time RAVEN has travelled to Beaver Lake Cree Nation in Northern Alberta for their annual pow wow. The drive is three hours north of Edmonton and always delivers with majestic sunsets, huge beaver dams and circling hawks.
It is always a treat to visit the community, spend some time on the land that is being protected and get to know the members of Beaver Lake a little better. It was an honour for RAVEN to be invited to participate in the pow wow’s grand entry.
If you haven’t been to a pow wow, do yourself a favour and find one this summer. The drumming is considered the ‘heartbeat of Mother Earth’. Its sound awakens the senses, and stirs the soul. The dancing regalias are intricate, colourful and take hundreds of hours to make. Both are a vital part of pow wow and aboriginal culture; to be able to experience it is a beautiful gift.
The Beaver Lake Cree Nation continues to work towards a trial date for their precedent setting, constitutional litigation.
Announcing the winners of the 2016 Young Scholars Essay Prize!!
First place - and $1000 - goes to Saul Brown from the University of Victoria. His winning paper is titled Heiltsuk Herring: An Exploration of Stories, The State, and Capitalism.
Sol Diana from UBC receives our 2nd place prize of $500. Sol’s paper is titled The Grass Beneath my Feet: Reflections for Blackfoot Poet Zaccheus Jackson ‘Nyce’.
We send our thanks to all of the students who submitted their papers. Also we want to thank Max Ritter for his volunteer stewardship of this essay contest and all our 2016 adjudicators for taking the time to read through all the entries. Congratulations to our prize winners!!
RAVEN’s Education Projects:
Starting in September, RAVEN will work with Pro Bono Students Canada (PBSC) – based in the UVic Law Department - on two significant projects.
The first project will revise our application process for new Indigenous fundraising partnerships. The pro-bono students together with Dr. John Borrows, Erin Gray and Susan Smitten will develop the current draft form into something final that can be loaded ontoon to the website.
In the second project, pro bono students will create a plain-language pamphlet on legal rights and remedies. We will share this draft with Indigenous partners to ensure it is culturally appropriate and helpful. Ultimately this pamphlet will be downloadable from the RAVEN website and available to all of our stakeholders. Funds from the Vancouver Foundation and the Catherine Donnelly Foundation will make this work possible.
Luke Wallace and friends kick off Grab a Paddle at Patagonia Vancouver
The Paddle for the Peace is this weekend!! Every July, the Peace Valley Environment Association and West Moberly First Nations host an annual Paddle for the Peace - to bring hundreds of people to the Peace River to protest Site-C.
But it’s a long way to Fort St. John. So, this summer, grassroots organizations, communities, unions, and First Nations around the country are going to amplify the annual Peace River paddle with a groundswell of activities in communities around the country that together aim to raise big money for First Nations to stop Site-C in the courts.
RAVEN's new Grab a Paddle campaign is co-led by LeadNow, who’ve launched an online petition (leadnow.ca/sitec), together with RAVEN. RAVEN has been fundraising for Treaty 8’s legal challenge to the Site C dam since it was launched in 2015.
So far, Patagonia, Moksha Yoga and Talaysay Kayak Tours are among a dozen businesses that are donating a portion of proceeds to support strategic legal battles over Site-C. In Sechelt, First Nations are hosting a community paddle and picnic, while a large solidarity rally is planned at noon on Kitsilano beach July 9th. To find a solidarity paddle in your area, visit http://raventrust.com/no-site-c-grab-a-paddle/
Alongside David Suzuki and lawyer/activist Caleb Behn, who together have raised over $10,000, individuals from all over the country are putting up crowdfunding-style online fundraisers.
Says West Moberly First Nations chief Roland Willson: “It is our firm intention to save the Peace River Valley. This spectre of Site-C destroying our homes, our culture and the immense bounty and natural wealth of thi s area that could feed our country for generations must not be allowed to persist.”
Treaty 8 First Nations are calling on the federal government to intervene and halt construction while their case is before the courts. And, they’re calling on allies all over the country to stand up for Indigenous Rights.
Please spread the word! Share our video, below, with your friends and family:
As one of our cherished supporters, you understand that Indigenous Peoples’ rights and title are among the most powerful forces for environmental protection in Canada. With the Enbridge win, we have proof that supporting Indigenous Peoples’ constitutional right to assert this power is one of the most effective pathways for halting unsustainable industrial development and for bringing about much needed systemic change.
Thank you for all that you do!
Susan Smitten
RAVEN Executive Director
(250) 383-2331
PS - There are many different ways you can support RAVEN’s important work. Please check our website or give us a call for more information on:
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