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United Nations instructs Canada to suspend Site C dam construction over Indigenous rights violations PDF Print E-mail
Earth News
Posted by Joan Russow   
Thursday, 10 January 2019 13:56
United Nations instructs Canada to suspend Site C dam construction over Indigenous rights violations
The world's foremost racial discrimination committee says Canada must work with Indigenous communities to find an alternative to the $10.7 billion hydro project in B.C.
Sarah Cox Jan 9, 2019  
https://thenarwhal.ca/united-nations-instructs-canada-to-suspend-site-c-dam-construction-over-indigenous-rights-violations/In a rare rebuke, the United Nations has instructed Canada to suspend construction of the Site C dam on B.C.’s Peace River until the project obtains the “free, prior and informed consent” of Indigenous peoples.
 
 
Canada has until April 8 to report back to the UN Committee on the Elimination of Racial Discrimination outlining steps it has taken to halt construction of the hydro project, which would flood 128 kilometres of the Peace River and its tributaries in the heart of Treaty 8 traditional territory.
 
The unusual request from one of the world’s top human rights bodies was made by committee chair Noureddine Amir in a December 14 letter to Canada’s UN Ambassador Rosemary McCarney.
 
It comes as Canada vies for a coveted seat on the UN Security Council and two Treaty 8 First Nations await a court date to determine if the Site C project unjustifiably infringes on their constitutionally protected treaty rights, as they claim in civil actions filed last January.
 
“The Committee is concerned about the alleged lack of measures taken to ensure the right to consultation and free, prior and informed consent with regard to the Site C dam, considering its impact on indigenous peoples’ control and use of their lands and natural resources,” wrote Amir, an Algerian law professor and former diplomat.
 
“The Committee is further concerned that the realization of the Site C dam without free, prior and informed consent, would permanently affects the land rights of affected indigenous peoples in the Province of British Columbia. Accordingly, it would infringe indigenous peoples’ rights protected under the International Convention on the Elimination of All Forms of Racial Discrimination.”
 
Canada missed an August 2018 deadline to report back to the committee on the Site C project, which was approved by the federal government in 2014 and green-lighted by B.C.’s new NDP government in December 2017.
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letter related to indigenous right being ignored in site C decision , by Canada PDF Print E-mail
Justice News
Posted by Joan Russow   
Wednesday, 09 January 2019 09:56

HAUT-COMMISSARIAT AUX DROITS DE L’HOMME • OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS • 1211 GENEVA 10, SWITZERLAND www.ohchr.org • TEL: +41 22 917 9000 • FAX: +41 22 917 9008 •

E-MAIL: This e-mail address is being protected from spambots. You need JavaScript enabled to view it REFERENCE: CERD/EWUAP/Canada-Site C dam/2018/JP/ks 14 December 2018 Excellency,

I would like to inform you that in the course of its 97th Session, the Committee on the Elimination of Racial Discrimination considered information received related to Site C dam and its impact on affected indigenous peoples in the Province of British Columbia, in Canada.

According to the information received, the provincial government of British Columbia announced, in December 2017, that construction of the Site C dam would continue.

In this regard, the Union of British Columbia Indian Chiefs (UBCIC) has launched a civil suit against the construction of the dam and asked for an interim injunction, subsequently denied, to halt construction until the case is settled.

The Committee is concerned about the alleged lack of measures taken to ensure the right to consultation and free, prior and informed consent with regard to the Site C dam, considering its impact on indigenous peoples control and use of their lands and natural resources.

The Committee is further concerned that the realization of the Site C dam without free, prior and informed consent, would permanently affects the land rights of affected indigenous peoples in the Province of British Columbia.

Accordingly, it would infringe indigenous peoples’ rights protected under the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee would like to recall paragraph 20 of its 2017 concluding observations (CERD/C/CAN/CO/21-23), and requests the State party to provide information on the steps taken to suspend the Site C dam until free, prior and informed consent is obtained, following the full and adequate discharge of the duty to consult. Her Excellency Ms. Rosemary McCarney Permanent Representative of Canada to the United Nations Office Geneva Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it PAGE 2 In this regard, the Committee encourages the State party to consider engaging with the United Nations Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) that is mandated by the Human Rights Council (resolution 33/25, paragraph 2), to provide States with technical advice on the rights of indigenous peoples and facilitate dialogue between States, indigenous peoples and/or the private sector. In accordance with article 9 (1) of the Convention and article 65 of its Rules of Procedure, the Committee requests the State party to submit its response before 8 April 2019. Allow me, Excellency, to reiterate the wish of the Committee to continue to engage in a constructive dialogue with the Government of Canada, with a view to ensuring the effective implementation of the Convention. Yours sincerely, Noureddine Amir Chair Committee on the Elimination of Racial Discrimination

 
Manitoba’s hydro mess points to Canada’s larger problem with megadams PDF Print E-mail
Earth News
Posted by Joan Russow   
Sunday, 02 December 2018 14:43
Manitoba’s hydro mess points to Canada’s larger problem with megadams
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As most of the Western world moves away from large-scale hydro projects, decommissioning dams across the planet, Canada is digging in with a trio of projects, the costs of which are spiralling out of control
Sarah Cox
Nov 22, 2018 12
For eight years, Graham Lane headed a watchdog commission that raised red flag after red flag about the Keeyask dam hydro project on Manitoba’s Nelson River.
 
Politicians ignored the warnings and in 2012 Lane resigned as chair of Manitoba’s Public Utilities Board, concerned that Manitoba Hydro had strayed far from its main purpose — to provide low cost energy to Manitobans.
 
Now the retired chartered accountant is speaking out in the hopes of stemming the losses from the Keeyask dam project and a related transmission line, which he calls “an albatross around the necks of Manitobans.”
 
“In Manitoba basically everything has gone wrong,” Lane told The Narwhal. “It’s quite a disaster.”
Last Updated on Sunday, 02 December 2018 14:49
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2016 submission Canada Pension Plan (CPPIB); must have investment screens and must redefine what constitutes due diligence PDF Print E-mail
Justice News
Posted by Joan Russow   
Thursday, 29 November 2018 09:37

 

submission  Canada Pension Plan (CPPIB); must have investment screens and must redefine what constitutes due diligence

By Joan Russow 

Global Compliancw Research Project 

 in Victoria

A. Suggestion related to rephrasing the CPPIB Mission statement 

B.Importance of both positive and negative screens and peremptory norms

C. Redefinition of what constitutes due diligence

D. Conclusion

A

SUGGESTION RELATED TO REPHRASING THE CPPIB MISSION STATEMENT

ADDITIONS GREEN

 

 

Our investment strategy is designed to deliver a well-balanced and globally diversified portfolio that promotes ``common security`` with the following objectives

* To achieve a state of peace, and disarmament; through reallocation of military expenses and delegitimization of war

*To create a global structure that respects the rule of law and the international court of justice;

*To enable socially equitable and environmentally sound employment, and ensure the right to development and social justice

*To promote and fully guarantee respect for human rights including labour rights, women’s rights civil and political rights, indigenous rights, social and cultural rights – right to food, right to housing, right to safe drinking water and sewage treatment, right to education and right to universally accessible not for profit health care system;

*To ensure the preservation and protection of the environment, the respect for the inherent worth of nature beyond human purpose, the reduction of the ecological footprint, the enshrining of ecological rights, right to a healthy environment and the moving away from the current model of overconsumption

 

To accomplish this the CPP will have to establish mandatory positive and negative screens and to redefine what constitutes due diligence forsustained long-term returns without incurring undue risk to common security  

 

B.

IMPORTANCE OF BOTH POSITIVE AND NEGATIVE SCREENS 

Last Updated on Sunday, 02 December 2018 11:05
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the Dutch Court Decision: is a Precedent to be used in a case before the Supreme Court of Canada PDF Print E-mail
Justice News
Posted by Joan Russow   
Tuesday, 16 October 2018 08:24

in Npvember 2015  I wrote

At COP 21 in Paris. Ban Ki Moon urged the negotiators to negotiate  with a global vision not with national interests (COP 21, Press, Conference, 2015)

 

A global vision  would be to address article 2 and at a minimum to immediately close the tar sands to end all subsidies for fossil fuel, to calculate the carbon budget for Canada, to divest in fossil fuels and to reinvest in renewable energy, to conserve sinks - such as old growth forests and bogs (not  just as a means to offset emissions), to strengthen conservation of  biodiversity, to avoid all false solutions such as nuclear, geo-engineering and biofuels which would all violate principles within the UNFCCC, promote nature-based solutions along with solar energy, wind energy, wave and geothermal and to compensate for historical  emissions, and to institute a fair and just transition for workers affected negatively by the new vision and to reduce and reallocate the military budget and transfer the funds to address climate change

 

A real global vision, however, would be time lines and targets in line with existing and emerging science such as  20% below 1990 by 2018, 30% below 1990 levels by 2019, 40% below 1990 levels by 2020, 60 % below 1990 levels by 2025, 75% below 1990 below 1990 levels by 2035 and 100% below 1990 emissions by 2040, and  reaching Decarbonization with 100% socially equitable ecologically sound renewable energy,

 

Written in Paris when I attended COP21  2015 in November 

 

In July 2015 I wrote

AnAnalysis of the Dutch Court Decision: could this be a Precedent to be used in a case before the Supreme Court of Canada?

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Justice News
Posted by Joan Russow
Monday, 06 July 2015 14:06

Dutch case  should influence the commitments made by Canada to COP21 in Paris. Canada should commit to 25% below 1990 levels by 2020

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