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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 discounts indigenous rights and endangers whales. PDF Print E-mail
Justice News
Posted by Joan Russow   
Monday, 30 July 2018 21:34

2019  UPDATE; It is expected that when an international instrument is adopted , acceded to or ratified, there is an international expection that it will be implemented . When n the Federal Court quashed the decision to expand Kinder Morgan, the Court should have iinformed the House of Commons & Senate that if the implementing legislation was not in place when UNDRIP was adopted [1982 communique}, the implementing legislation must be in place and it should be  a condition for approval of KM expansion 

 

http://pejnews.com/administrator/index.php?option=com_content§ionid=-1&task=edit&cid[]=10970

 

also see 

 

 

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 Monday, 24 June 2019 13:48
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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.

Read more...
 
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