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A Socialist Project e-bulletin ... No. 2003 ... February 20, 2020
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In early February, the RCMP, Canada’s colonial police force, raided the land defender camps of the Wet’suwet’en people in British Columbia, in order to clear the way for pipeline construction. Clearly, none of the political decision makers responsible for this repressive action ever imagined that it would spark a powerful wave of solidarity actions across Canada. There have been ongoing protests and rallies but the focus has been on the tactic of economic disruption, most notably by blockading the railway network. If the attack on the Wet’suwet’en was driven by the profit needs of extractive capitalism, the resistance that has emerged has targeted the flow of goods and services as the most effective form of counter-attack.
In October of 2018, the provincial government of British Columbia approved the building of a 670 km pipeline to bring liquified natural gas from northern BC to a $40-billion export plant, to be constructed in Kitimat. In BC, the New Democratic Party (NDP) is in power, so it was shameful... that Canada’s social democratic party would join with the federal Liberals to provide "a bouquet of government subsidies for BC’s largest carbon polluter."
From the outset, it was clear that there would be a major problem with driving this environmentally destructive project through Indigenous territory. Unlike the rest of Canada, BC has been built up on disputed or ‘unceded’ land over which no treaties between the Crown and the Indigenous nations were ever drawn up. This is because the process of colonization in BC was especially ruthless and lethal. In 1862, when a smallpox epidemic broke out in Victoria, infected Indigenous people were driven back into the interior of the province, spreading the disease. At least 30,000 died as a result, which was about 60% of the Indigenous population at the time. Following this successful genocide, treaties seemed unnecessary to the colonizers. "The Indians have really no rights to the lands they claim," concluded land commissioner, Joseph Trutch, in 1864.
Trutch and his friends would doubtless be chagrined to learn that, in the 21st Century, an unintended legacy of their handiwork has emerged. The Wet’suwet’en Nation lays claim to a 22,000 square kilometre unceded territory through which the Coastal GasLink project must pass. Moreover, almost twenty five years ago, in the Delgamuukw ruling, the Supreme Court of Canada held that there is, indeed, Aboriginal title over such land. Coastal GasLink and its apologists make much of the fact that they were able to coerce and cajole twenty Indigenous band councils into signing agreements with them. However, these bands only have authority, under the Indian Act, over the reserves they operate. They have no jurisdiction over Wet’suwet’en land as a whole, whereas the hereditary chiefs of the Nation have a claim that predates Canada and that various court rulings have acknowledged is still highly relevant.
The hereditary chiefs remain implacably opposed to the pipeline project and neither the Trudeau Liberals in Ottawa, the BC government or the pipeline company have the "free, prior and informed consent" that is required under the UN Declaration on the Rights of Indigenous Peoples that Canada has signed onto.