Open Letter concerning anti-fracking protests at the Elsipogtog Mi’kmaq Nation

First, it is critical to acknowledge that Indigenous Peoples have rights to their lands, territories and resources that predate the creation of the Canadian state. These pre-existing rights are affirmed in the Peace and Friendship Treaties, in the Royal Proclamation of 1763, and in section 35 of the Constitution Act, 1982, as well as in authoritative international human rights instruments including the United Nations Declaration on the Rights of Indigenous Peoples. Canada’s failure to protect these rights has been repeatedly condemned by international human rights bodies, including the Inter-American Commission on Human Rights, which found that the comprehensive claims processes fall below international standards of justice. Your government can make a meaningful contribution by communicating clearly that these rights exist and must be respected.Second, the inherent land rights of Aboriginal peoples cannot be ignored in the day-to-day operations of the government. Doing so is both discriminatory and contrary to the rule of law. Canadian courts have set out a mandatory constitutional duty to consult with Indigenous peoples with the goal of identifying and substantially accommodating their concerns, before any decisions are made that could affect these rights. For such consultation to be meaningful, Indigenous peoples’ knowledge and perspective must be part of the determination of whether or not a particular proposal could have a harmful impact on their rights and use of the land. Furthermore, the duty of consultation and accommodation, and the inter-related obligation for governments to deal honourably with Aboriginal peoples, cannot be met if there is a predetermination that projects will go ahead regardless of legitimate concerns raised by the affected communities. Accordingly, our organizations urge your government to retract statements indicating that the province is already committed to shale gas development, regardless of opposition.

via Open Letter concerning anti-fracking protests at the Elsipogtog Mi’kmaq Nation.

Author: Makere

A Maori/Scots New Zealander transplanted to Canada. Grandmother, academic, indigenous scholar, sometime singer, sometime activist, who cares passionately about our world.