Stretching our wings
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- Published on Thursday, 30 March 2017 20:45
- Written by editor
www.raventrust.com | (250) 383-2331
NEWS FROM THE NEST
SEPTEMBER 14, 2016
Breaking News!! We've raised $300,000 for Treaty 8 legal challenges to the Site-C Dam!
The Prophet River and West Moberly First Nations appeared in the Federal Appeal Court this week in Montréal. They asked the Court whether Canada violated the constitution when it gave environmental approval for the dam without determining – or even considering – whether the significant adverse environmental effects of the project would infringe Treaty rights.
Although the First Nations put Canada on notice that the dam would infringe their Treaty rights, and under law it needed to be subjected to a stringent “justification” test, Canada decided it could authorize the dam without considering whether it would infringe Treaty rights. Canada took the position that as long as there had been adequate consultation with First Nations, it could proceed with an approval without addressing the First Nations’ assertions of Treaty infringement.
The outcome of this appeal will clarify Canada’s obligations when authorizing major projects that are found to have significant, immitigable adverse environmental effects on the use of lands and resources by Aboriginal people. Can these projects be authorized based only on an assessment of the adequacy of consultation? Or can substantive Treaty rights be protected by requiring Canada to apply a more stringent justification standard before making a decision? See lawyer Allisun Rana's summary of the day here.
In addition to the legal support, RAVEN partnered with Leadnow.ca to support First Nations community members from Treaty 8 who travelled in a bus caravan across Canada to witness and focus attention on the importance of this case to the rights of all treaty nations and to Prime Minister Justin Trudeau’s promised new relationship with Indigenous Peoples. Media coverage included the Globe and Mail, CBC's As it Happens and the Huffington Post.
You can get up-to-date Peace Caravan Road Tales here.
And more videos and updates on Facebook.
Members of Treaty 8 First Nations and LeadNow
RAVEN's Cases:Tsilhqot’in – Teztan Biny/Taseko Mines: This campaign is now on high. Taseko is pressuring the BC Government to green-light this project and permit further drilling in the sacred area of Teztan Biny (Fish Lake), arguing that the Federal Government has no constitutional jurisdiction to stand in its way. Among other far-reaching legal positions, Taseko has brought a constitutional challenge to the Canadian Environmental Assessment Act, 2012, arguing that the federal government cannot lawfully stop a project from proceeding on the basis of environmental concerns, if the province has approved the project. In essence, the company is attempting to drastically reduce the protection of our already gutted federal environmental protections.
The Tsilhqot'in National Government has held its own in proceedings against Taseko's Fish Lake Mine for months, first obtaining standing as a party, then preparing its evidence, building its case, and dealing with Taseko’s series of motions. It has been able to do so only with the help of many committed RAVEN donors. Thank you!!
Tar Sands Trial – Beaver Lake Cree Nation (BLCN): RAVEN donors have given over $1,000,000 for legal actions between 2009-2014. Incredible!! We are now raising an additional $125,000 to help BLCN shoot a video that will be used by their legal team to assist the court in visually understanding how Beaver Lake Cree way of life is affected by development. It will ensure that elderly community members can have their stories documented for later use in court, and it will be used by the community generally for education and by community advocates to raise awareness of the issues faced by BLC members. The video will include four shooting sessions throughout the year to capture seasonal use.
Enbridge/Pull Together: There has been no word yet, but it is anticipated that Enbridge will soon file its intention to seek leave to appeal to the Supreme Court of Canada (SCC). At that point, if the SCC acknowledges and accepts Enbridge’s appeal, then the legal teams will dive into preparing their arguments for the Gitxaala, Kitasoo/Xai’xais, Heiltsuk, Gitga’at, Haida, Nadleh Whut’en and Nak’azdli Nations.
Tsleil-Waututh Nation: RAVEN is honoured and delighted to now be partnering with the Tsleil-Waututh Nation. You will soon see a page on the RAVEN website with full details about the needs of this case against the Kinder Morgan pipeline expansion project.
News from RAVEN Headquarters:
Yellow Wolf Powwow — photo Jessica Van der Veen
A huge thank you to Virgil Sampson for his invitation to have an information table at the Yellow Wolf Powwow in Brentwood Bay on July 29 & 30. RAVEN staff and board members were thrilled to attend and see the beautiful dancing and hear the drums. Many folks came by the table to learn about RAVEN and to sign up for this newsletter. Welcome to the News from the Nest Yellow Wolf Powwow folks!!!
RAVEN’s Legal Panel
RAVEN’s volunteer Legal Panel is charged with reviewing the applications for fundraising support that RAVEN receives from Indigenous Peoples across Canada. The Panel provides their legal perspective to RAVEN’s Board of Directors who make final decisions about any new cases RAVEN will support.
We are honoured to have John Burrows on RAVEN’s Legal Panel:
John Borrows is Anishinaabe/Ojibway and a member of the Chippewa of the Nawash First Nation in Ontario, Canada. John Borrows B.A., M.A., J.D., LL.M. (Toronto), Ph.D. (Osgoode Hall Law School), LL.D. (Hons., Dalhousie) F.R.S.C., is the Canada Research Chair in Indigenous Law at the University of Victoria. Read his full bio here: raventrust.com
RAVEN’s Education Project:
We are excited to introduce Katie Rasmussen, who is our new Research & Outreach Coordinator for the Legal Education Program. Katie comes to us from a research and conservation planning background, having worked for over a decade in the fields of conservation biology, land use planning and stewardship. Katie has also spent most of her life as a grassroots community organizer working to support gender equity and social and ecological justice initiatives, including acting in solidarity with Indigenous land defense.
As a starting point, the goals of the Legal Education Program are:
- to generate relevant and desired educational resources and programs about the colonial legal system and available legal rights and remedies for Indigenous communities;
- to educate donors and the general public about themes such as: Indigenous rights and governance; decolonization and reconciliation; available rights and remedies; environmental racism; and
- if appropriate and desired, explore whether and how RAVEN could play a role in resourcing information sharing about Ancestral law, Indigenous Governance, and traditional land-use, with the general public.
Katie will be reaching out to our Indigenous partners in the next few weeks to invite contributions and collaborations for RAVEN’s Legal Education initiative.
Circle of allies at the Federal Court of Appeal in Montreal.
We're so much stronger when we work together. Thank you for joining our circle, and reaching for a more just world for the coming generations.
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:
- How to give through stocks and securities
- Making bequests
- Annual giving
- Monthly giving
- 1% For the Planet business profit-sharing
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