1 00:00:07,080 --> 00:00:10,799 Speaker 1: A few hours before sunrise on November nineteenth, twenty twenty one, 2 00:00:11,119 --> 00:00:13,840 Speaker 1: a small weasel entered a log cabin in a place 3 00:00:13,880 --> 00:00:18,280 Speaker 1: called Coyote Camp, a resistant camp on the Wassowotan Territory 4 00:00:18,320 --> 00:00:22,040 Speaker 1: and what is now called British Columbia is started to 5 00:00:22,079 --> 00:00:25,599 Speaker 1: crawl around the land defenders sleeping inside. One of the 6 00:00:25,680 --> 00:00:28,600 Speaker 1: land defenders looked at the weasel and took it as 7 00:00:28,640 --> 00:00:29,080 Speaker 1: a warning. 8 00:00:30,240 --> 00:00:33,479 Speaker 2: How do you side, Jasie Alex Stadney. I am a 9 00:00:33,479 --> 00:00:37,600 Speaker 2: Witsuitan land defender, also the daughter of Chief Foss who 10 00:00:37,680 --> 00:00:41,160 Speaker 2: is the head chief of Cassia House on Gidemden Territory. 11 00:00:41,680 --> 00:00:46,040 Speaker 1: Jocelyn Alex Sadney has been arrested twice on her own territory. 12 00:00:46,280 --> 00:00:49,800 Speaker 2: My first arrest was during Coyote Camp back in twenty 13 00:00:49,840 --> 00:00:55,160 Speaker 2: twenty one for defending our watinqua Our River from being 14 00:00:55,280 --> 00:00:58,000 Speaker 2: drilled under. I also had a cabin on the so 15 00:00:58,160 --> 00:01:00,959 Speaker 2: called drill pad site occupied. I did it for up 16 00:01:00,960 --> 00:01:06,280 Speaker 2: to fifty six days. That day, November nineteenth, there were 17 00:01:07,240 --> 00:01:12,319 Speaker 2: three others in the cabin with me, so that very morning, 18 00:01:12,520 --> 00:01:15,800 Speaker 2: it was like five six in the morning, a weasel 19 00:01:15,880 --> 00:01:22,880 Speaker 2: came in and it started like like crawling on us, 20 00:01:23,040 --> 00:01:25,560 Speaker 2: like crawling on my friends and like just getting right 21 00:01:25,640 --> 00:01:29,800 Speaker 2: near us, and so I took that as a sign, 22 00:01:30,520 --> 00:01:40,119 Speaker 2: like as a warning that they were coming. And sure enough, 23 00:01:40,200 --> 00:01:46,679 Speaker 2: after that happened, we started wearing the machinery and there 24 00:01:46,680 --> 00:01:57,320 Speaker 2: were a hellies flying and okay, so we started seeing 25 00:01:57,360 --> 00:02:01,560 Speaker 2: them like dropping down take teams so of ERTs, which 26 00:02:01,600 --> 00:02:06,600 Speaker 2: are the emergency response teams, and there there was like 27 00:02:06,680 --> 00:02:09,720 Speaker 2: three of them that like three groups that got dropped, 28 00:02:10,880 --> 00:02:15,520 Speaker 2: and that was when they started surrounding Piote camp and 29 00:02:15,720 --> 00:02:24,000 Speaker 2: there were at least like ten RCMP also with ten ERTs, 30 00:02:24,040 --> 00:02:28,000 Speaker 2: and so they started coming down the hill. They started 31 00:02:28,040 --> 00:02:33,240 Speaker 2: like dispersing and like getting into positions, and we noticed 32 00:02:33,400 --> 00:02:37,200 Speaker 2: that there were already two snipers on us and they 33 00:02:37,200 --> 00:02:40,160 Speaker 2: were right behind the bulldozer and they also had a 34 00:02:40,160 --> 00:02:45,640 Speaker 2: painine with them, and so they started surrounding the cabin. 35 00:02:46,120 --> 00:02:51,280 Speaker 2: They came up to the door and they started telling 36 00:02:51,360 --> 00:02:56,080 Speaker 2: us that we weren't following so called Canadian law and 37 00:02:56,120 --> 00:02:58,800 Speaker 2: that we had to come out and like just comply 38 00:02:58,960 --> 00:03:02,640 Speaker 2: with them. But then I told them who I was, Like, 39 00:03:02,919 --> 00:03:05,600 Speaker 2: I'm the daughter of Chief Loss and you're not welcome here. 40 00:03:06,120 --> 00:03:08,640 Speaker 2: Told them that they needed a warrant and they were 41 00:03:08,680 --> 00:03:15,720 Speaker 2: trespassing on with suitan territory. And so that went on 42 00:03:15,880 --> 00:03:19,720 Speaker 2: for like at least twenty minutes, and then that's when 43 00:03:19,760 --> 00:03:26,720 Speaker 2: they started the forest entry. They got an ax and 44 00:03:27,560 --> 00:03:32,360 Speaker 2: started breaking down the door. Once that happened, the door 45 00:03:32,440 --> 00:03:36,360 Speaker 2: got busted down and we were all on our knees 46 00:03:36,400 --> 00:03:40,280 Speaker 2: with our hands up and saying that we were unarmed, 47 00:03:41,920 --> 00:03:44,480 Speaker 2: and so they had their snipers on us. They had 48 00:03:44,480 --> 00:03:50,240 Speaker 2: the canines at the door, just barking and growling, and yeah, 49 00:03:50,320 --> 00:03:51,880 Speaker 2: that's when we got arrested. 50 00:03:55,400 --> 00:03:58,840 Speaker 1: According to the Royal Canadian Mounted Police, a force known 51 00:03:58,840 --> 00:04:02,440 Speaker 1: as the RCP, arrests were made because the land defenders 52 00:04:02,440 --> 00:04:05,680 Speaker 1: such as Sadney, were blocking work on the Coastal gas Link, 53 00:04:06,000 --> 00:04:09,480 Speaker 1: a fourteen and a half billion dollar gas pipeline under 54 00:04:09,520 --> 00:04:13,760 Speaker 1: construction in northwest BC. The company behind Coastal gas Link 55 00:04:14,000 --> 00:04:17,880 Speaker 1: is TC Energy, a multi billion dollar Calgary based pipeline 56 00:04:17,880 --> 00:04:22,000 Speaker 1: company which earlier tried to build the Keystone Excel Tarzan's 57 00:04:22,120 --> 00:04:27,560 Speaker 1: pipeline in the US. In December twenty nineteen, Colberg, Craves 58 00:04:27,640 --> 00:04:31,440 Speaker 1: and Roberts and Company, also known as KKR, an American 59 00:04:31,480 --> 00:04:36,120 Speaker 1: global investment company, acquired a sixty five percent equity interest 60 00:04:36,279 --> 00:04:40,720 Speaker 1: in the Coastal Gaslink pipeline project from TC Energy. This 61 00:04:40,839 --> 00:04:44,760 Speaker 1: pipeline runs through the traditional territory of the Wasotan people, 62 00:04:45,000 --> 00:04:47,880 Speaker 1: whose ancestors have lived in this area for thousands of 63 00:04:48,000 --> 00:04:52,240 Speaker 1: years and never formally seated or surrendered their territories to 64 00:04:52,400 --> 00:04:56,040 Speaker 1: the federal government. Sadney says she was there protecting her 65 00:04:56,040 --> 00:04:59,320 Speaker 1: traditional territory and to stop the drilling beneath the Moors 66 00:04:59,480 --> 00:05:03,600 Speaker 1: River also known as the wazen Quah River. It's been 67 00:05:03,600 --> 00:05:08,400 Speaker 1: an ongoing battle between hereditary Watsoitan chiefs and Coastal Gas 68 00:05:08,480 --> 00:05:09,840 Speaker 1: Link for years. 69 00:05:10,520 --> 00:05:14,680 Speaker 2: So right now currently they did drill under the river, 70 00:05:14,880 --> 00:05:21,600 Speaker 2: which is extremely heartbreaking. After that happened, we were incarcerated 71 00:05:21,680 --> 00:05:26,240 Speaker 2: for four nights and five days. We were brought to 72 00:05:26,279 --> 00:05:32,640 Speaker 2: like seven different jail cells to courts, but that judge 73 00:05:32,720 --> 00:05:34,680 Speaker 2: was all like, we don't have time for you, so 74 00:05:35,040 --> 00:05:37,720 Speaker 2: we're going to take you up to prison, and so 75 00:05:37,880 --> 00:05:41,279 Speaker 2: we got brought up there. They kept us in for 76 00:05:41,360 --> 00:05:45,120 Speaker 2: the night and we had court in the morning, and 77 00:05:45,320 --> 00:05:50,480 Speaker 2: so they made up these conditions for us, and one 78 00:05:50,480 --> 00:05:53,919 Speaker 2: of those conditions is for us to not return to 79 00:05:53,960 --> 00:05:57,720 Speaker 2: our territory. They gave us the conditions well, we were 80 00:05:57,800 --> 00:06:02,000 Speaker 2: in the holding cell and said that if we sign it, 81 00:06:02,120 --> 00:06:05,679 Speaker 2: we get released, and if we didn't sign it, we 82 00:06:05,800 --> 00:06:07,960 Speaker 2: would have still been in persuted. 83 00:06:12,120 --> 00:06:15,599 Speaker 1: She agreed to their conditions and got released. By the 84 00:06:15,640 --> 00:06:17,920 Speaker 1: time she got out, her cabin had been burned to 85 00:06:17,960 --> 00:06:21,960 Speaker 1: the ground. She blamed the RCMP, but said the RCNP 86 00:06:22,080 --> 00:06:25,880 Speaker 1: accused the land Defenders who started bonfires just before the raid. 87 00:06:26,760 --> 00:06:29,880 Speaker 1: Sadney wondered why would they start bonfires so close to 88 00:06:29,920 --> 00:06:34,680 Speaker 1: their own cabins. This was the third raid since twenty nineteen. 89 00:06:35,640 --> 00:06:38,560 Speaker 1: Since established in the camp, the land Defenders have faced 90 00:06:38,640 --> 00:06:43,440 Speaker 1: court ordered injunctions, invariably followed by heavy handed police tactics, 91 00:06:44,040 --> 00:06:47,760 Speaker 1: including heavily armed swat teams and canine units, only to 92 00:06:47,880 --> 00:06:51,240 Speaker 1: see the corporations they're fighting engage in what they call 93 00:06:51,839 --> 00:06:55,760 Speaker 1: red washing and nearby communities. So what sowug In chiefs 94 00:06:55,760 --> 00:06:59,039 Speaker 1: and land defenders are so opposed to fossil fuel expansion 95 00:06:59,120 --> 00:07:02,520 Speaker 1: because of the potentially severe impacts on their drinking water, 96 00:07:02,839 --> 00:07:07,480 Speaker 1: wild salmon, and the global climate. It's a controversial project 97 00:07:07,600 --> 00:07:10,760 Speaker 1: that hereditary whatsoochin chiefs never agree to. 98 00:07:11,520 --> 00:07:14,960 Speaker 3: My name is Christatnik. I am a citizen of the 99 00:07:15,040 --> 00:07:18,360 Speaker 3: Vantagwich in First Nation from the community of Old Crow, Yukon. 100 00:07:19,200 --> 00:07:23,280 Speaker 3: Our territory is situated in the North Yukon. I am 101 00:07:23,320 --> 00:07:26,840 Speaker 3: a lawyer by training. I practice in the area of 102 00:07:26,880 --> 00:07:31,040 Speaker 3: Aboriginal law, and in that work I work exclusively with 103 00:07:31,200 --> 00:07:36,560 Speaker 3: Indigenous peoples, primarily those whose territories are in what is 104 00:07:36,560 --> 00:07:41,480 Speaker 3: now British Columbia and Yukon, on issues of title rights 105 00:07:41,520 --> 00:07:42,600 Speaker 3: and self determination. 106 00:07:43,720 --> 00:07:47,680 Speaker 1: Statnik has worked on various issues with the Risootan, including 107 00:07:47,720 --> 00:07:49,280 Speaker 1: the Coastal Gaslink project. 108 00:07:49,960 --> 00:07:53,680 Speaker 3: In the Coastal gas Link case, we see this major 109 00:07:53,920 --> 00:08:00,560 Speaker 3: pipeline passing through the Wsootan territory. Several individual house groups 110 00:08:00,560 --> 00:08:06,080 Speaker 3: within the Watsota Nation own specific territories that the pipeline traverses, 111 00:08:07,000 --> 00:08:11,200 Speaker 3: and those houses, through their own governance system, did not 112 00:08:11,400 --> 00:08:14,760 Speaker 3: consent to the pipeline, and through their system, actually made 113 00:08:14,800 --> 00:08:18,720 Speaker 3: a decision to not consent to any pipelines through that 114 00:08:19,000 --> 00:08:22,920 Speaker 3: corridor due to their concerns about the impacts on things 115 00:08:23,080 --> 00:08:27,000 Speaker 3: like the watershed and the health of their people. And 116 00:08:27,040 --> 00:08:31,520 Speaker 3: that was essentially ignored and continues to be ignored as 117 00:08:31,560 --> 00:08:36,280 Speaker 3: if it doesn't exist, and as if that decision wasn't made. 118 00:08:36,480 --> 00:08:40,280 Speaker 1: The refusal to acknowledge that decision prompted ongoing opposition to 119 00:08:40,360 --> 00:08:44,440 Speaker 1: the coastal gas link that became impossible to ignore. That 120 00:08:44,559 --> 00:08:48,199 Speaker 1: story is coming up after this quick break. I'm Martha 121 00:08:48,200 --> 00:08:51,559 Speaker 1: Troy in Canada and this is drilled the real free 122 00:08:51,600 --> 00:09:10,560 Speaker 1: speech threat with Sowerton. Hereditary leaders and other members of 123 00:09:10,559 --> 00:09:13,440 Speaker 1: the First Nation had for years occupied a series of 124 00:09:13,480 --> 00:09:17,760 Speaker 1: camps along the pipeline's proposed route. As a way to 125 00:09:17,800 --> 00:09:21,360 Speaker 1: remove the camps, TC Energy applied for an injunction from 126 00:09:21,440 --> 00:09:22,560 Speaker 1: BC Supreme Court. 127 00:09:23,080 --> 00:09:29,240 Speaker 3: The company relying on permits that had been issued by 128 00:09:29,400 --> 00:09:33,280 Speaker 3: the provincial government of PC saying yes, you can go 129 00:09:33,320 --> 00:09:37,680 Speaker 3: ahead and build this pipeline subject to these conditions. They 130 00:09:37,760 --> 00:09:40,600 Speaker 3: said that gives us the legal right to build this 131 00:09:40,720 --> 00:09:47,160 Speaker 3: pipeline and these individuals are blocking or impeding our ability 132 00:09:47,240 --> 00:09:52,720 Speaker 3: to do this work authorized under provincial law, and therefore, Court, 133 00:09:52,760 --> 00:09:56,720 Speaker 3: we want you to issue an order against these individuals 134 00:09:56,720 --> 00:10:01,120 Speaker 3: saying that they can't impede construction or they will be 135 00:10:01,520 --> 00:10:04,600 Speaker 3: arrested and face criminal contempt. 136 00:10:04,800 --> 00:10:10,599 Speaker 1: Potentially, there was sootan argue that those permits were invalid 137 00:10:11,120 --> 00:10:14,800 Speaker 1: because the hereditary chiefs governing those territories had said no 138 00:10:15,000 --> 00:10:18,440 Speaker 1: to the Coastal gassing project. Although there was Sotin have 139 00:10:18,559 --> 00:10:22,320 Speaker 1: never negotiated treaty with the Canadian government. They have also 140 00:10:22,480 --> 00:10:27,400 Speaker 1: never seated their territory. 141 00:10:26,240 --> 00:10:29,160 Speaker 3: And so they went to the court and took this step, 142 00:10:29,160 --> 00:10:33,640 Speaker 3: and of course the Wsotan as a nation, having in 143 00:10:33,760 --> 00:10:37,440 Speaker 3: nineteen ninety seven already went to the Supreme Court of 144 00:10:37,480 --> 00:10:43,240 Speaker 3: Canada after over twenty years of litigating trying to get 145 00:10:43,520 --> 00:10:47,160 Speaker 3: proof from the court saying yes, you do have ownership 146 00:10:47,800 --> 00:10:51,400 Speaker 3: and jurisdiction over this land, even though they've tooken that 147 00:10:51,480 --> 00:10:54,720 Speaker 3: significant step in the court in that case kind of 148 00:10:54,720 --> 00:10:57,760 Speaker 3: met them halfway and said, well, we don't have enough 149 00:10:57,800 --> 00:11:01,319 Speaker 3: here to say that you have title to a specific, 150 00:11:01,360 --> 00:11:04,520 Speaker 3: defined area, but we have enough here to say that 151 00:11:05,120 --> 00:11:08,040 Speaker 3: for sure, you guys don't have a treaty and you've 152 00:11:08,080 --> 00:11:13,240 Speaker 3: never had your rights extinguished by any government, and these 153 00:11:13,320 --> 00:11:16,520 Speaker 3: rights are now constitutionally protected. And so it was a 154 00:11:16,520 --> 00:11:21,280 Speaker 3: bit of a halfway measure, but significantly it left that 155 00:11:21,400 --> 00:11:24,960 Speaker 3: conclusion that what's sotin title and rights are still existing. 156 00:11:25,000 --> 00:11:28,560 Speaker 3: They've never been extinguished. And so when it came to 157 00:11:28,600 --> 00:11:32,480 Speaker 3: this injunction proceeding that what's Olotans sought to raise the 158 00:11:32,559 --> 00:11:36,320 Speaker 3: fact that they do have title that's never been relinquished, 159 00:11:36,480 --> 00:11:39,160 Speaker 3: that they still have jurisdiction and the right to make 160 00:11:39,200 --> 00:11:43,040 Speaker 3: decisions about how it's used, and that they did implement 161 00:11:43,080 --> 00:11:46,000 Speaker 3: that in this case and said no, and that the 162 00:11:46,040 --> 00:11:51,080 Speaker 3: court should consider that on whether this project is even 163 00:11:51,880 --> 00:11:56,240 Speaker 3: properly authorized, whether the company should get the injunction or not. 164 00:11:57,000 --> 00:12:00,480 Speaker 3: And unfortunately but is quite common in these types of 165 00:12:00,480 --> 00:12:04,840 Speaker 3: injunction proceedings, the court in this case, the BC Supreme 166 00:12:04,880 --> 00:12:08,480 Speaker 3: Court said that they would give the injunction to the 167 00:12:08,520 --> 00:12:13,840 Speaker 3: company and that the injunction preceeding itself wasn't the type 168 00:12:13,840 --> 00:12:19,040 Speaker 3: of forum or place where the court could really resolve 169 00:12:19,240 --> 00:12:22,679 Speaker 3: these title questions and so more or less buried their 170 00:12:22,679 --> 00:12:25,480 Speaker 3: head in this end as if they don't exist. 171 00:12:27,240 --> 00:12:31,000 Speaker 1: That's important because the court not only effectively criminalized the 172 00:12:31,040 --> 00:12:33,880 Speaker 1: with SOOTIN who were trying to enforce their own decision 173 00:12:34,040 --> 00:12:38,040 Speaker 1: on their own territory, but also because once that injunction 174 00:12:38,240 --> 00:12:41,560 Speaker 1: was granted, it authorized the RCNP to enforce it. 175 00:12:49,600 --> 00:12:55,000 Speaker 3: With that injunction order that the company is obtained, it 176 00:12:55,040 --> 00:13:00,800 Speaker 3: does include an order that empowers the RCMP to enforce 177 00:13:00,880 --> 00:13:06,319 Speaker 3: that injunction. It does give them completely broad discretion about 178 00:13:07,040 --> 00:13:08,719 Speaker 3: how and when they enforced that. 179 00:13:08,760 --> 00:13:13,600 Speaker 1: Injunction corporations in Canada are using court ordered injunctions with 180 00:13:13,840 --> 00:13:18,640 Speaker 1: increasing frequency. According to the Yellowhead Institution, an Indigenous led 181 00:13:18,800 --> 00:13:23,800 Speaker 1: think tank at the Toronto Metropolitan University. In their twenty 182 00:13:24,000 --> 00:13:28,079 Speaker 1: nineteen report land Back, a Yellowhead Institute red paper, the 183 00:13:28,200 --> 00:13:31,960 Speaker 1: Institute found that of one hundred injunctions filed between nineteen 184 00:13:31,960 --> 00:13:35,719 Speaker 1: seventy four and twenty nineteen, on behalf of companies and governments, 185 00:13:36,160 --> 00:13:40,160 Speaker 1: eighty one to ninety one percent were granted. However, during 186 00:13:40,200 --> 00:13:44,079 Speaker 1: that same time period, just nineteen percent of injunctions were 187 00:13:44,120 --> 00:13:47,880 Speaker 1: granted to Indigenous applicants. In the case of the Westsootin, 188 00:13:48,120 --> 00:13:51,600 Speaker 1: the injunction granted to TC Energy gave police the legal 189 00:13:51,640 --> 00:13:55,760 Speaker 1: authority to raid the protest camps and, according to documents 190 00:13:55,800 --> 00:14:00,480 Speaker 1: later shared with reporters, the authorization to shoot Indigenous land 191 00:14:00,480 --> 00:14:07,280 Speaker 1: defenders if necessary. This work was carried out by the 192 00:14:07,320 --> 00:14:12,120 Speaker 1: Community Industry Response Group or SERG and RCNP unit created 193 00:14:12,160 --> 00:14:18,040 Speaker 1: specifically to police energy industry incidents or protests against pipeline projects. 194 00:14:21,560 --> 00:14:24,400 Speaker 1: Raids have been described as a troubling pattern of police 195 00:14:24,400 --> 00:14:28,720 Speaker 1: intimidation towards peaceful land defenders. According to the Union of 196 00:14:28,760 --> 00:14:33,240 Speaker 1: BC Indian Chiefs, an organization that advocates for Indigenous rights. 197 00:14:34,080 --> 00:14:35,720 Speaker 4: I am Chief Nomox. 198 00:14:36,040 --> 00:14:38,520 Speaker 5: I am our hereditary chief of the tai Yu Clan 199 00:14:38,800 --> 00:14:40,320 Speaker 5: of the Whitsulton Nation. 200 00:14:40,960 --> 00:14:45,200 Speaker 1: Speaking against these arrests. Hereditary Chief Nemox is another person 201 00:14:45,240 --> 00:14:49,400 Speaker 1: committed to defending his territory against the Coastal Gas Link pipeline. 202 00:14:49,600 --> 00:14:53,200 Speaker 5: We are not elected officials, and names I carry are 203 00:14:53,320 --> 00:14:56,640 Speaker 5: thousands of years old, and we are the authority as 204 00:14:56,680 --> 00:14:59,960 Speaker 5: we have never seated or surrendered, nor assigned a tree 205 00:15:00,720 --> 00:15:04,600 Speaker 5: on our entire twenty two thousand square kilometers. If you 206 00:15:04,640 --> 00:15:08,480 Speaker 5: think about United Nations Declaration on Rates of Indigenous People 207 00:15:08,960 --> 00:15:12,680 Speaker 5: free priorn informed consent, that's not happened with us because 208 00:15:12,680 --> 00:15:16,600 Speaker 5: we told them from day one this proposed pipeline owned 209 00:15:16,640 --> 00:15:21,680 Speaker 5: by TGL, TC Energy and KKR. We said no from 210 00:15:21,760 --> 00:15:24,560 Speaker 5: day one. We even gave them an alternate group to 211 00:15:24,640 --> 00:15:27,760 Speaker 5: some areas that were already damaged because by law we 212 00:15:27,880 --> 00:15:28,920 Speaker 5: have to be reasonable. 213 00:15:29,040 --> 00:15:32,000 Speaker 4: So we did that and they still went ahead. 214 00:15:35,000 --> 00:15:38,480 Speaker 1: But there's a dispute between bc BAN elected Indigenous leaders 215 00:15:38,520 --> 00:15:42,880 Speaker 1: and hereditary chiefs. Elected or BAN chiefs and councils were 216 00:15:42,960 --> 00:15:46,000 Speaker 1: created under the Indian Act of eighteen seventy six and 217 00:15:46,040 --> 00:15:50,120 Speaker 1: are officially recognized by the Canadian government, whereas hereditary chiefs 218 00:15:50,200 --> 00:15:55,120 Speaker 1: or traditional governments inherit the title territory or land, their 219 00:15:55,200 --> 00:15:58,119 Speaker 1: governance system predates colonial laws. 220 00:15:58,920 --> 00:16:02,280 Speaker 5: The reserve system was created by Canada to remove us 221 00:16:02,280 --> 00:16:06,080 Speaker 5: from the land and our territories so they could have 222 00:16:06,240 --> 00:16:09,600 Speaker 5: access to resources, and so they put them on many 223 00:16:09,640 --> 00:16:13,400 Speaker 5: school pieces of land. And when you have a band 224 00:16:13,400 --> 00:16:16,960 Speaker 5: elect system of chief and council, they only have jurisdiction 225 00:16:17,200 --> 00:16:21,920 Speaker 5: within the boundaries of that reserve, the same as a municipality. 226 00:16:22,200 --> 00:16:26,480 Speaker 5: With us the hereditary chiefs, we have the jurisdiction and 227 00:16:26,560 --> 00:16:29,800 Speaker 5: authority on the entire twenty two thousand square kilometers of 228 00:16:29,840 --> 00:16:32,720 Speaker 5: our land, and that is through our house groups are 229 00:16:32,800 --> 00:16:35,040 Speaker 5: clans and the people themselves. 230 00:16:35,720 --> 00:16:40,520 Speaker 1: Today twenty bands have signed impact benefit agreements. An impact 231 00:16:40,560 --> 00:16:44,360 Speaker 1: benefit agreement is an agreement made between indigenous people or 232 00:16:44,400 --> 00:16:48,920 Speaker 1: an impacted community and project developers to share projected financial 233 00:16:48,960 --> 00:16:53,600 Speaker 1: benefits and other commitments. It is unknown how many Indigenous 234 00:16:53,600 --> 00:17:00,280 Speaker 1: communities declined and benefit agreement with TC Energy. The time 235 00:17:00,280 --> 00:17:03,120 Speaker 1: that TC Energy was out selling benefit agreements to First 236 00:17:03,200 --> 00:17:07,679 Speaker 1: Nation communities, the British Columbia government began making six figure 237 00:17:07,800 --> 00:17:12,240 Speaker 1: financial contributions to a new advocacy group called the First 238 00:17:12,320 --> 00:17:17,840 Speaker 1: Nation's LNG Alliance, composed of Indigenous leaders in favor of 239 00:17:17,960 --> 00:17:22,680 Speaker 1: gas expansion. That group in turn formed a research partnership 240 00:17:22,880 --> 00:17:27,360 Speaker 1: with a conservative think tank called the McDonald Laurier Institute, 241 00:17:27,840 --> 00:17:33,600 Speaker 1: which also became an outspoken advocate for Coastal Gaslink. The 242 00:17:33,680 --> 00:17:37,360 Speaker 1: McDonald Laurier Institute is a member of the Outlets Network, 243 00:17:37,720 --> 00:17:40,600 Speaker 1: a global network of think tanks we covered in an 244 00:17:40,600 --> 00:17:44,280 Speaker 1: earlier episode, and some of the strategies it developed in 245 00:17:44,320 --> 00:17:49,200 Speaker 1: Canada have now spread elsewhere in the world. As early 246 00:17:49,240 --> 00:17:52,680 Speaker 1: as twenty twelve, in response to the national idleno More 247 00:17:52,800 --> 00:17:56,360 Speaker 1: protests advocating for First Nation sovereignty and rights in Canada, 248 00:17:57,000 --> 00:18:01,919 Speaker 1: the McDonald Laurier Institute began publishing papers about how to 249 00:18:02,000 --> 00:18:07,719 Speaker 1: neutralize First Nation's opposition to resource projects. To deal with 250 00:18:07,760 --> 00:18:11,760 Speaker 1: this problem, the group recommended various approaches, including bringing First 251 00:18:11,800 --> 00:18:16,040 Speaker 1: Nation leaders on board as advocates of extractive projects and 252 00:18:16,280 --> 00:18:20,919 Speaker 1: criminalizing those who were interested. Over time, the MacDonald Laurier 253 00:18:21,000 --> 00:18:25,359 Speaker 1: Institute became a bridge builder between governments hoping to entice 254 00:18:25,480 --> 00:18:30,120 Speaker 1: natural resources investment in pro industry Indigenous leaders seeking new 255 00:18:30,240 --> 00:18:34,919 Speaker 1: revenue streams for their communities. One of its strategy documents reads. 256 00:18:35,840 --> 00:18:40,400 Speaker 1: Many elected officials now depend on the relationship that MLI 257 00:18:40,520 --> 00:18:45,080 Speaker 1: has built with the Aboriginal community. This connection provides credibility 258 00:18:45,359 --> 00:18:50,440 Speaker 1: and support needed to battle opponents. They became a trusted 259 00:18:50,520 --> 00:18:54,960 Speaker 1: media source on Indigenous issues in Canada. To Meanwhile, First 260 00:18:55,040 --> 00:18:59,920 Speaker 1: Nations opponents to the pipeline have been increasingly criminalized. In Alberta, 261 00:19:00,119 --> 00:19:03,920 Speaker 1: which houses Canada's largest deposits of oil sands, Then Premier 262 00:19:04,000 --> 00:19:08,320 Speaker 1: Jason Kenny accused pipeline protesters of scaring away oil and 263 00:19:08,400 --> 00:19:13,920 Speaker 1: gas investors by creating the appearance of anarchy. In June 264 00:19:13,960 --> 00:19:17,720 Speaker 1: twenty twenty, his government passed a new law prohibiting protests 265 00:19:17,760 --> 00:19:21,520 Speaker 1: that interfere with highways, railways, oil sands operations and other 266 00:19:21,720 --> 00:19:25,720 Speaker 1: essential infrastructure, with fines as high as twenty five thousand 267 00:19:25,800 --> 00:19:30,000 Speaker 1: dollars and jail sentences of six months. Law professors and 268 00:19:30,040 --> 00:19:34,000 Speaker 1: civil liberties experts in the province called it an unjustifiable 269 00:19:34,200 --> 00:19:38,760 Speaker 1: violation of fundamental rights and freedoms. In twenty twenty one, 270 00:19:38,920 --> 00:19:42,760 Speaker 1: Kenny launched investigations into what he called an anti Alberta 271 00:19:42,920 --> 00:19:47,199 Speaker 1: energy campaigns, accusing environmental organizations of working on behalf of 272 00:19:47,280 --> 00:19:50,639 Speaker 1: foreign governments. It's one of the several talking points that 273 00:19:50,760 --> 00:19:55,280 Speaker 1: Kenny has parroted from Canada's outlets network think tanks, all 274 00:19:55,359 --> 00:19:58,440 Speaker 1: of which were originally funded by the oil and gas industry. 275 00:19:59,200 --> 00:20:00,600 Speaker 1: Here's Christa again. 276 00:20:01,240 --> 00:20:06,639 Speaker 3: I think not surprising given sort of the political leanings 277 00:20:06,680 --> 00:20:10,360 Speaker 3: of that provincial government that they took. I would say, 278 00:20:10,400 --> 00:20:15,640 Speaker 3: the significant step to legislate and pass a law that 279 00:20:16,000 --> 00:20:22,440 Speaker 3: essentially criminalizes in the case where it's Indigenous people exercising 280 00:20:22,440 --> 00:20:27,399 Speaker 3: constitutionally protected rights, it criminalizes them for doing that, of course, 281 00:20:27,480 --> 00:20:32,879 Speaker 3: but also potentially infringes on rights and freedoms of other Canadians. 282 00:20:33,600 --> 00:20:37,520 Speaker 1: Statnik says the use of legislation and injunctions against Indigenous 283 00:20:37,560 --> 00:20:41,200 Speaker 1: people are a form of what's called slap lawsuits slap 284 00:20:41,280 --> 00:20:44,640 Speaker 1: standing for a strategic lawsuit against public participation. 285 00:20:45,160 --> 00:20:49,200 Speaker 3: This is a thing or a phenomenon, I would say, globally, 286 00:20:49,240 --> 00:20:55,040 Speaker 3: where you have powerful governments or corporations who essentially use 287 00:20:55,160 --> 00:20:59,000 Speaker 3: the law and lawsuits to tie people up in court, 288 00:20:59,160 --> 00:21:03,000 Speaker 3: to tie them up in legal jeopardy, to have all 289 00:21:03,040 --> 00:21:06,960 Speaker 3: sorts of things hanging over their head, from police action 290 00:21:07,240 --> 00:21:12,639 Speaker 3: to criminal charges to even civil lawsuits seeking at times 291 00:21:12,720 --> 00:21:15,560 Speaker 3: hundreds of millions of damages against an individual. 292 00:21:16,600 --> 00:21:19,320 Speaker 1: Such a case rose in the Gitson territory, where the 293 00:21:19,359 --> 00:21:23,359 Speaker 1: Canadian National Railway or c in Rail, sued one of 294 00:21:23,400 --> 00:21:26,159 Speaker 1: the chiefs for blocking rail traffic for two days in 295 00:21:26,240 --> 00:21:29,879 Speaker 1: twenty twenty. Staatenik says, even though CEE and Rail didn't 296 00:21:29,880 --> 00:21:32,280 Speaker 1: proceed with their lawsuit, the damage was done. 297 00:21:32,480 --> 00:21:35,200 Speaker 3: The fact that they filed one, and there's the threat 298 00:21:35,240 --> 00:21:39,000 Speaker 3: of it really works in a similar way to seek 299 00:21:39,040 --> 00:21:44,080 Speaker 3: to intimidate folks or disincentivize them from continuing to speak 300 00:21:44,160 --> 00:21:48,800 Speaker 3: up in opposition to projects. So both of those pieces 301 00:21:48,840 --> 00:21:52,720 Speaker 3: of legislation and how they i would say weaponized against 302 00:21:52,720 --> 00:21:56,280 Speaker 3: indigenous peoples are you know, I'd say both draconian and 303 00:21:56,359 --> 00:21:57,280 Speaker 3: both problematic. 304 00:21:57,840 --> 00:22:01,919 Speaker 1: For Staatenik, these lasting impacts are worrisome and only point 305 00:22:02,040 --> 00:22:04,520 Speaker 1: to the colonial problem we have here in what is 306 00:22:04,560 --> 00:22:05,640 Speaker 1: now called Canada. 307 00:22:06,720 --> 00:22:11,959 Speaker 3: It's concerning in Canada in terms of like leverage or 308 00:22:12,160 --> 00:22:17,640 Speaker 3: like strength of legal position. There's probably no one in 309 00:22:17,720 --> 00:22:23,040 Speaker 3: Canada with a stronger position than the Getsent and Whatsotan. 310 00:22:24,160 --> 00:22:30,480 Speaker 3: And if this can happen to them on their territory, 311 00:22:31,440 --> 00:22:37,400 Speaker 3: you know, and essentially be sanctioned by Canadian law and governments, 312 00:22:38,359 --> 00:22:42,440 Speaker 3: then it could happen essentially anywhere, right, And I think 313 00:22:42,480 --> 00:22:45,000 Speaker 3: that's a really important part of it is, you know, 314 00:22:45,000 --> 00:22:46,000 Speaker 3: we need to pay attention. 315 00:22:48,280 --> 00:22:52,000 Speaker 1: Despite all of the raids in Mesootan Territory, TC Energy 316 00:22:52,080 --> 00:22:56,560 Speaker 1: maintains that it is committed to reconciliation. The government in 317 00:22:56,640 --> 00:23:01,119 Speaker 1: Canada has repeatedly proclaimed the importance of a meaningful relationship 318 00:23:01,200 --> 00:23:04,480 Speaker 1: with Indigenous people, one that is based on a non 319 00:23:04,640 --> 00:23:09,480 Speaker 1: adversarial approach, a true nation to nation relationship with First 320 00:23:09,560 --> 00:23:14,199 Speaker 1: Nations peoples, but some say Prime Minister Justin Trudeau is 321 00:23:14,280 --> 00:23:17,880 Speaker 1: too close for comfort with oil and gas companies. In 322 00:23:17,880 --> 00:23:22,280 Speaker 1: March twenty twenty one, TC Energy released its Reconciliation Action 323 00:23:22,440 --> 00:23:26,640 Speaker 1: Plan Report. The company claims it has an unwavering commitment 324 00:23:26,840 --> 00:23:31,600 Speaker 1: to reconciliation. In their fifteen page report, TC Energy lays 325 00:23:31,600 --> 00:23:37,360 Speaker 1: out six commitments for reconciliation. To develop a Reconciliation Advisory Council, 326 00:23:37,560 --> 00:23:40,800 Speaker 1: to provide training to their board of directors, to implement 327 00:23:40,880 --> 00:23:45,560 Speaker 1: corporate wide cultural training, to invest in Indigenous communities, to 328 00:23:45,720 --> 00:23:50,560 Speaker 1: set indigenous contracting targets, and lastly, to develop a framework 329 00:23:50,680 --> 00:23:55,679 Speaker 1: to identify project equity opportunities with Indigenous groups. Around the 330 00:23:55,680 --> 00:23:59,040 Speaker 1: same time that TC Energy was rolling out its Reconciliation 331 00:23:59,240 --> 00:24:03,480 Speaker 1: Action Plan. Canadian Prime Minister Justin Trudeau expressed how there 332 00:24:03,520 --> 00:24:06,600 Speaker 1: is no relationship more important to the government in Canada 333 00:24:06,720 --> 00:24:10,880 Speaker 1: than on it has with Indigenous people. With a new 334 00:24:10,920 --> 00:24:14,320 Speaker 1: federal budget announced, the Liberal government promised to spend more 335 00:24:14,359 --> 00:24:17,320 Speaker 1: than eighteen billion dollars over the next five years to 336 00:24:17,359 --> 00:24:21,600 Speaker 1: close the socioeconomic gap between Indigenous and non Indigenous peoples 337 00:24:22,080 --> 00:24:27,080 Speaker 1: and to write any historic wrongs. Here's Finance Minister Christia 338 00:24:27,200 --> 00:24:28,680 Speaker 1: Freeland on that commitment. 339 00:24:29,520 --> 00:24:34,160 Speaker 6: Our government has made progress in writing the historic wrongs 340 00:24:34,760 --> 00:24:39,080 Speaker 6: in Canada's relationship with Indigenous peoples, but we still have 341 00:24:39,480 --> 00:24:41,320 Speaker 6: a lot of work ahead. 342 00:24:41,920 --> 00:24:44,879 Speaker 1: At an update to their reconciliation report. In November twenty 343 00:24:44,920 --> 00:24:51,040 Speaker 1: twenty two, TC Energy announced its inaugural Indigenous Advisory Council members, 344 00:24:51,600 --> 00:24:55,560 Speaker 1: even before any reconciliation reports, TC Energy has been working 345 00:24:55,560 --> 00:24:58,560 Speaker 1: with Indigenous peoples for quite some time with their purse 346 00:24:58,600 --> 00:24:59,960 Speaker 1: strings in hand. 347 00:25:00,880 --> 00:25:05,399 Speaker 7: You do come from a long line of strong, powerful leaders, warriors, 348 00:25:05,680 --> 00:25:10,160 Speaker 7: ancestors who have shown their resilience and their ability to 349 00:25:10,200 --> 00:25:11,560 Speaker 7: overcome obstacles. 350 00:25:12,480 --> 00:25:16,800 Speaker 1: TC energy social platforms are saturated with short videos such 351 00:25:16,800 --> 00:25:21,120 Speaker 1: as this one highlighting the company's accomplishments and indispensable presence 352 00:25:21,280 --> 00:25:26,360 Speaker 1: in Indigenous communities. TC Energy's website touts how the company 353 00:25:26,400 --> 00:25:29,560 Speaker 1: has been working with Indigenous peoples for more than forty years. 354 00:25:30,359 --> 00:25:34,600 Speaker 1: The website lists business, employment and training opportunities, and even 355 00:25:34,640 --> 00:25:38,920 Speaker 1: their renewed reconciliation goals, and all the buzzwords and phrases 356 00:25:38,920 --> 00:25:42,919 Speaker 1: are sprinkled throughout their site Distinct relationship with the Land, 357 00:25:43,440 --> 00:25:52,520 Speaker 1: respect Trust, Unique Governance, multi generational. Since nineteen eighty two, 358 00:25:52,720 --> 00:25:57,800 Speaker 1: TC Energy has provided an annual scholarship program to Indigenous students. 359 00:25:58,440 --> 00:26:01,680 Speaker 1: Most recently. The company site how it has invested five 360 00:26:01,720 --> 00:26:04,800 Speaker 1: and a half million dollars to support Indigenous partners and 361 00:26:04,880 --> 00:26:10,119 Speaker 1: students across North America in twenty twenty two. When it 362 00:26:10,160 --> 00:26:14,160 Speaker 1: comes to Indigenous culture, TC energy has funded everything from 363 00:26:14,280 --> 00:26:19,159 Speaker 1: sun dances, powows, Meyti festivals, language and elder programs to 364 00:26:19,320 --> 00:26:24,399 Speaker 1: species protection initiatives. Satina Nation near Calgary, Alberta is just 365 00:26:24,520 --> 00:26:29,200 Speaker 1: one nation benefiting from these investments and a large headdress 366 00:26:29,240 --> 00:26:33,560 Speaker 1: and ribbonskirt. Then Vice president Tracy Robinson of Canadian Natural 367 00:26:33,560 --> 00:26:37,200 Speaker 1: Gas Pipelines and Coastal Gas Link spoke to a group 368 00:26:37,280 --> 00:26:40,240 Speaker 1: at the signing of a new relationship agreement with the 369 00:26:40,280 --> 00:26:43,760 Speaker 1: Satina Nation in spring twenty twenty one. 370 00:26:44,280 --> 00:26:46,399 Speaker 8: As I speak today on behalf of our team in 371 00:26:46,480 --> 00:26:49,600 Speaker 8: TC Energy, we know we have so much to learn, 372 00:26:49,600 --> 00:26:52,080 Speaker 8: and we thank you for being our teachers in this 373 00:26:52,640 --> 00:26:53,000 Speaker 8: and for. 374 00:26:53,000 --> 00:26:54,400 Speaker 1: Taking us on this journey. 375 00:26:54,800 --> 00:26:58,879 Speaker 8: We will become better and better by sharing time with you. 376 00:27:01,600 --> 00:27:04,440 Speaker 1: The agreement was written on a buffalo hide in both 377 00:27:04,480 --> 00:27:08,040 Speaker 1: the Satina and English languages and gifted to TC Energy. 378 00:27:08,560 --> 00:27:11,480 Speaker 1: As for Chief Nemox, he feels these jobs and handouts 379 00:27:11,520 --> 00:27:14,479 Speaker 1: are either short term or menial compared to the value 380 00:27:14,480 --> 00:27:18,280 Speaker 1: of these projects and companies. Nimock said he's not mad 381 00:27:18,320 --> 00:27:21,120 Speaker 1: at people for taking these incentives. It's about the process 382 00:27:21,160 --> 00:27:23,199 Speaker 1: itself and those who are directing it. 383 00:27:23,920 --> 00:27:25,000 Speaker 4: That's all bribe money. 384 00:27:25,080 --> 00:27:27,919 Speaker 5: If you talk about millions of dollars, that's pretty minute skill. 385 00:27:28,520 --> 00:27:32,679 Speaker 5: If you think about the kiddamant LNG plant, which is 386 00:27:32,720 --> 00:27:36,680 Speaker 5: where this proposed pipeline is to go, that's forty billion dollars, 387 00:27:36,760 --> 00:27:40,479 Speaker 5: and they throw out minuscule amounts, as he stated, and 388 00:27:40,600 --> 00:27:43,240 Speaker 5: even the project here that has going through our territory 389 00:27:43,760 --> 00:27:45,080 Speaker 5: is at twenty three billion. 390 00:27:46,440 --> 00:27:49,359 Speaker 1: All of these actions are nothing more than cheap opportunities 391 00:27:49,400 --> 00:27:53,040 Speaker 1: for industries. To appear as benevolent. According to activists and 392 00:27:53,080 --> 00:27:54,640 Speaker 1: writer Clayton Thomas. 393 00:27:54,400 --> 00:27:59,720 Speaker 9: Muellers Dance, my name is Clayton Thomas Mueller. I'm a 394 00:27:59,760 --> 00:28:04,199 Speaker 9: tree men from Pagoda Wogan Crenation Treaty six Territory, but 395 00:28:04,280 --> 00:28:06,960 Speaker 9: i live here in the City of Winnipeg in Treaty 396 00:28:06,960 --> 00:28:12,159 Speaker 9: one Territory. Red wash or red washing is you know, 397 00:28:12,240 --> 00:28:18,440 Speaker 9: unfortunately a super common and you know, actually the practice 398 00:28:18,480 --> 00:28:25,080 Speaker 9: has been increasing dramatically in recent years. And essentially it's 399 00:28:25,240 --> 00:28:33,960 Speaker 9: the corporate sponsorship of indigenous cultural, artistic or education institutions 400 00:28:34,400 --> 00:28:38,440 Speaker 9: to paint extractive industries or you know, like make oil 401 00:28:38,640 --> 00:28:45,760 Speaker 9: or mining, forestry, fisheries corporations or hydro you know, to 402 00:28:45,840 --> 00:28:50,040 Speaker 9: kind of paint them as benevolent or good neighbors or 403 00:28:50,080 --> 00:28:55,040 Speaker 9: an essential or you know, non replaceable part of our economy. 404 00:28:56,120 --> 00:28:59,920 Speaker 9: And essentially, you know, this practice is kind of a 405 00:29:00,080 --> 00:29:05,960 Speaker 9: version of modern day bed trading or you know, smallpox 406 00:29:06,040 --> 00:29:11,520 Speaker 9: blankets trading. You know, that's utilized by these companies here 407 00:29:11,520 --> 00:29:15,480 Speaker 9: in the Canadian economy and across the world actually in 408 00:29:15,560 --> 00:29:20,200 Speaker 9: economies where indigenous peoples reside under the occupation of settler 409 00:29:20,280 --> 00:29:24,800 Speaker 9: colonial states, so that these companies can acquire social license 410 00:29:24,960 --> 00:29:28,200 Speaker 9: to continue to operate as business as usual. 411 00:29:29,400 --> 00:29:34,080 Speaker 1: Even though these redwashing strategies are becoming more sophisticated, Thomas 412 00:29:34,120 --> 00:29:37,680 Speaker 1: Mueller says these companies are also facing more scrutiny than 413 00:29:37,720 --> 00:29:42,200 Speaker 1: ever before because Indigenous peoples are becoming more literate about 414 00:29:42,240 --> 00:29:45,400 Speaker 1: extractive industries and risks and threats they pose. 415 00:29:47,160 --> 00:29:52,400 Speaker 9: These companies are the very companies that are committing industrial 416 00:29:52,480 --> 00:29:56,880 Speaker 9: genocide on Indigenous peoples and that are directly in conflict 417 00:29:56,920 --> 00:30:02,160 Speaker 9: in breaking Section thirty five Canadian Constans institution and interrupting 418 00:30:02,640 --> 00:30:06,920 Speaker 9: our ability to hunt, fish and trap in our traditional territories. 419 00:30:06,960 --> 00:30:10,280 Speaker 9: And you know, these Section thirty five rights are not 420 00:30:10,360 --> 00:30:13,719 Speaker 9: just protected by the Canadian Constitution, but they're protected by treaties. 421 00:30:14,000 --> 00:30:17,560 Speaker 9: They're protected by international legal instruments like the UN Declaration 422 00:30:18,040 --> 00:30:20,840 Speaker 9: on the Rights of Indigenous Peoples. And these are supposed 423 00:30:20,840 --> 00:30:25,000 Speaker 9: to be inherent rights. But every day here in the 424 00:30:25,040 --> 00:30:29,280 Speaker 9: Canadian economy, we see corporations running roughshot over them and 425 00:30:29,320 --> 00:30:33,160 Speaker 9: working in collusion with provincial and territorial governments to do so. 426 00:30:33,240 --> 00:30:36,120 Speaker 9: And all the while the federal government is turning a 427 00:30:36,120 --> 00:30:40,440 Speaker 9: blind eye and the liability around whose jurisdiction it is 428 00:30:40,480 --> 00:30:43,920 Speaker 9: to deal with Indigenous peoples and their grievances. The buck 429 00:30:44,000 --> 00:30:46,840 Speaker 9: is passed back and forth, and the burden of proof 430 00:30:46,880 --> 00:30:50,920 Speaker 9: in the Canadian colonial courts, of course falls on Indigenous 431 00:30:50,920 --> 00:30:55,320 Speaker 9: peoples and corporations all the while continue to dole out 432 00:30:55,360 --> 00:30:57,840 Speaker 9: these little sums of money. And you know, they show 433 00:30:57,920 --> 00:31:01,560 Speaker 9: up at our community barbecues with their flashlights that have 434 00:31:01,640 --> 00:31:05,280 Speaker 9: the corporate logos. They show up at our schools and 435 00:31:05,320 --> 00:31:07,520 Speaker 9: donate schools supplies to our students. 436 00:31:08,120 --> 00:31:10,680 Speaker 1: How should a community deal with these dollouts? Is there 437 00:31:10,720 --> 00:31:11,800 Speaker 1: a solution to all of this? 438 00:31:12,760 --> 00:31:16,240 Speaker 9: I think the solution is that Canada has a fiduciary 439 00:31:16,520 --> 00:31:22,120 Speaker 9: legal obligation to recognize and respect and adhere to the 440 00:31:22,160 --> 00:31:27,080 Speaker 9: sovereignty and self determination of each individual. First Nation Canada's 441 00:31:27,120 --> 00:31:29,000 Speaker 9: indigenous peoples are not a monolith. 442 00:31:29,280 --> 00:31:30,600 Speaker 4: We're very, very diverse. 443 00:31:31,000 --> 00:31:35,920 Speaker 9: We have greedy capitalists First Nation peoples, even leaders in 444 00:31:35,960 --> 00:31:39,920 Speaker 9: our communities who are super pro profit even in the 445 00:31:39,960 --> 00:31:43,720 Speaker 9: wake of the global climate crisis, in the wake of 446 00:31:44,040 --> 00:31:49,200 Speaker 9: the violence that boomtown economies extractive industries bring into our 447 00:31:49,280 --> 00:31:53,000 Speaker 9: communities in the form of murdered and missing Indigenous women 448 00:31:53,080 --> 00:31:56,600 Speaker 9: and girls. But the fact of the matter is that 449 00:31:56,680 --> 00:32:00,880 Speaker 9: what we need to be doing is having for and 450 00:32:01,160 --> 00:32:07,240 Speaker 9: conversation and informed debate so that Indigenous nations across Canada, 451 00:32:07,320 --> 00:32:10,200 Speaker 9: whether they're Inuit meets he r First nations, can make 452 00:32:10,280 --> 00:32:11,960 Speaker 9: informed decisions. 453 00:32:12,640 --> 00:32:16,200 Speaker 1: What kind of impact does red washing make in Indigenous communities? 454 00:32:16,480 --> 00:32:19,840 Speaker 1: Is this helping or hindering? Are these funds being put 455 00:32:19,880 --> 00:32:22,480 Speaker 1: to good use? Is that what matters? Or is it 456 00:32:22,600 --> 00:32:27,320 Speaker 1: just pitting Indigenous peoples against one another. We asked an 457 00:32:27,320 --> 00:32:31,400 Speaker 1: expert who research impact benefit agreements about red washing and 458 00:32:31,480 --> 00:32:33,920 Speaker 1: how Indigenous communities are impacted by it. 459 00:32:34,720 --> 00:32:36,360 Speaker 10: My name is cliff Atleo Junior. 460 00:32:36,880 --> 00:32:39,400 Speaker 11: I'm an assistant professor in the School of Resource and 461 00:32:39,480 --> 00:32:44,760 Speaker 11: Environmental Management at Simon Fraser University in Burnaby, British Columbia. 462 00:32:44,840 --> 00:32:47,400 Speaker 11: I'm New Channels on my father's side from the community 463 00:32:47,440 --> 00:32:49,240 Speaker 11: of a house It which is on the west coast 464 00:32:49,240 --> 00:32:52,880 Speaker 11: of Vancouver Island, and I'm Timshan on my mother's side 465 00:32:52,920 --> 00:32:57,479 Speaker 11: from a community called Kitselas. One of the things that 466 00:32:57,520 --> 00:33:01,120 Speaker 11: I I guess I learned was not to sort of 467 00:33:01,120 --> 00:33:04,120 Speaker 11: blanket judge any community for decisions they felt like they 468 00:33:04,160 --> 00:33:08,400 Speaker 11: had to make. The overall sort of economic aspect of 469 00:33:08,440 --> 00:33:13,520 Speaker 11: settler colonialism has more often than not destroyed lots of 470 00:33:13,560 --> 00:33:17,920 Speaker 11: our traditional livelihoods. Some have been able to adapt. West 471 00:33:17,960 --> 00:33:20,600 Speaker 11: Coast communities, for example, were able to participate in commercial 472 00:33:20,600 --> 00:33:23,400 Speaker 11: fishing for most of the twentieth century. We saw a 473 00:33:23,400 --> 00:33:26,800 Speaker 11: big decline in that. And so you have communities with 474 00:33:26,920 --> 00:33:32,760 Speaker 11: few economic options that have you know, first of all, 475 00:33:33,200 --> 00:33:34,800 Speaker 11: you know, more than half of their people have to 476 00:33:34,880 --> 00:33:37,880 Speaker 11: leave home, they go to town to. 477 00:33:37,080 --> 00:33:38,520 Speaker 10: Go to school or get a job. 478 00:33:38,600 --> 00:33:42,400 Speaker 11: But also, like I said, they're sort of traditional ways 479 00:33:42,400 --> 00:33:45,960 Speaker 11: of living have been severely limited, and so they become 480 00:33:45,960 --> 00:33:49,720 Speaker 11: out of a necessity having to think about these more 481 00:33:49,760 --> 00:33:54,400 Speaker 11: resource extractive intensive industries or transportation of oil, for example, 482 00:33:54,400 --> 00:33:58,400 Speaker 11: in terms of pipelines. So they're kind of really between 483 00:33:58,400 --> 00:33:59,360 Speaker 11: a rock and a hard place. 484 00:34:00,120 --> 00:34:03,880 Speaker 1: Al Leo also sees this through the lens of corporate personhood. 485 00:34:04,680 --> 00:34:07,160 Speaker 11: I always come back to this idea that a corporation, 486 00:34:07,880 --> 00:34:11,840 Speaker 11: you know, in Western law, is a person. 487 00:34:12,640 --> 00:34:14,400 Speaker 10: It's a legal entity. 488 00:34:15,120 --> 00:34:17,919 Speaker 11: And you might recall there was a documentary like quite 489 00:34:17,920 --> 00:34:20,440 Speaker 11: a while ago, twenty years or more ago, called The Corporation, 490 00:34:20,600 --> 00:34:23,520 Speaker 11: and it was based on a book and they were 491 00:34:23,560 --> 00:34:25,600 Speaker 11: comparing corporations to psychopaths. 492 00:34:25,800 --> 00:34:28,760 Speaker 10: And if you take various criteria. 493 00:34:30,120 --> 00:34:34,759 Speaker 11: To determine you know, whether an entity is psychopathic or 494 00:34:34,840 --> 00:34:39,120 Speaker 11: you know, lacking empathy, whole list of criteria. It's really 495 00:34:39,120 --> 00:34:42,160 Speaker 11: easy to see corporations falling into that. Their number one 496 00:34:42,200 --> 00:34:45,680 Speaker 11: priority is to return maximum profit. And when you come 497 00:34:45,840 --> 00:34:49,560 Speaker 11: at it from that perspective, I think in some ways 498 00:34:49,760 --> 00:34:54,319 Speaker 11: these corporations don't like I don't think they care, like 499 00:34:54,320 --> 00:34:57,440 Speaker 11: they're that structurally they're unable to care what the right. 500 00:34:57,320 --> 00:34:57,960 Speaker 10: Thing to do is. 501 00:35:03,800 --> 00:35:07,360 Speaker 1: The latest raid on Wassotin protest camps happened in spring 502 00:35:07,440 --> 00:35:11,600 Speaker 1: twenty twenty three, with five more arrests, mostly Indigenous women, 503 00:35:12,040 --> 00:35:15,080 Speaker 1: Sadney being one of them. All of them were released 504 00:35:15,120 --> 00:35:20,200 Speaker 1: without charges the following day. Still, TC Energy sees itself 505 00:35:20,239 --> 00:35:23,759 Speaker 1: as the victim of violence, citing a twenty twenty two 506 00:35:24,000 --> 00:35:28,000 Speaker 1: nighttime attack on coastal gasleak equipment that reportedly caused twenty 507 00:35:28,040 --> 00:35:31,480 Speaker 1: million in damage and which is still under investigation by 508 00:35:31,520 --> 00:35:36,640 Speaker 1: the RCMP. A TC Energy spokesperson told my colleague Jeff Denbihy, 509 00:35:37,320 --> 00:35:41,239 Speaker 1: we have experienced unlawful and dangerous activities, including acts of 510 00:35:41,320 --> 00:35:45,040 Speaker 1: violence by anarchists that have put people, property, and the 511 00:35:45,160 --> 00:35:50,080 Speaker 1: environment at risk. In January twenty twenty three, TC Energy 512 00:35:50,120 --> 00:35:52,480 Speaker 1: claims to have a majority of the Coastal ghas leak 513 00:35:52,640 --> 00:35:56,600 Speaker 1: project done, and says the pipeline could start transporting gas 514 00:35:56,719 --> 00:36:00,920 Speaker 1: later this year. The LNG Canada expert term in Kiddimat 515 00:36:01,080 --> 00:36:04,799 Speaker 1: is expected to be operational by twenty twenty five. This 516 00:36:04,880 --> 00:36:08,120 Speaker 1: is all being marketed to foreign investors as a triumph 517 00:36:08,120 --> 00:36:12,160 Speaker 1: for indigenous self determination, even as more than a dozen people, 518 00:36:12,320 --> 00:36:16,160 Speaker 1: most of them First Nations, face criminal charges for protesting 519 00:36:16,280 --> 00:36:20,560 Speaker 1: the pipeline. Chief Demos doesn't think TC Energy is as 520 00:36:20,640 --> 00:36:23,600 Speaker 1: far along with the Coastal gasling project as they say 521 00:36:23,640 --> 00:36:27,000 Speaker 1: they are. His goal is to make his presence known, 522 00:36:27,160 --> 00:36:29,880 Speaker 1: even if that means confronting the belly of the beast. 523 00:36:30,239 --> 00:36:35,800 Speaker 1: Colboy Cravers, Roberts and Company or KKR, which he recently visited. 524 00:36:36,239 --> 00:36:39,640 Speaker 5: Will never support it, will always go against it. They 525 00:36:39,680 --> 00:36:43,520 Speaker 5: can make claims that it is ninety plus percent on 526 00:36:43,560 --> 00:36:46,840 Speaker 5: the ground, but they've never built a pipeline in this 527 00:36:46,920 --> 00:36:49,240 Speaker 5: type of train and they've never taken on. 528 00:36:49,440 --> 00:36:51,319 Speaker 4: People with such support as we do. 529 00:36:51,840 --> 00:36:54,240 Speaker 5: I was in New York, we letter rally, I speak 530 00:36:54,280 --> 00:36:58,440 Speaker 5: at the UN, we have Amnesty International. We challenge him 531 00:36:58,440 --> 00:36:59,480 Speaker 5: at every point. 532 00:37:00,520 --> 00:37:02,879 Speaker 1: As for their latest work, what we know so far 533 00:37:03,080 --> 00:37:06,000 Speaker 1: is that TC Energy is looking to transfer ownership of 534 00:37:06,040 --> 00:37:09,920 Speaker 1: its Nova Gas Transmission Limited system. Nova Gas is a 535 00:37:09,960 --> 00:37:14,439 Speaker 1: wholly owned subsidiary of TC Energy. Analysts say that this 536 00:37:14,520 --> 00:37:17,600 Speaker 1: might be a way for TC to pay down its debt. 537 00:37:18,120 --> 00:37:22,280 Speaker 1: In its application to the Canadian Energy Regulator, the company wrote, 538 00:37:22,760 --> 00:37:27,640 Speaker 1: transfer ownership is to facilitate potential future minority ownership of 539 00:37:27,680 --> 00:37:32,319 Speaker 1: the system, including possible participation from indigenous groups. We were 540 00:37:32,320 --> 00:37:35,000 Speaker 1: hoping to ask TC Energy a series of questions for 541 00:37:35,080 --> 00:37:39,000 Speaker 1: this episode. I contacted them by email and telephone, but 542 00:37:39,800 --> 00:37:45,720 Speaker 1: I didn't get too far. TC Energy, you speaking maybe okay? 543 00:37:45,719 --> 00:37:49,560 Speaker 12: Well, thank you for calling TC energy Media relations line 544 00:37:49,760 --> 00:37:53,920 Speaker 12: for service in English press one. 545 00:37:55,080 --> 00:37:57,799 Speaker 1: Hi, can I get media relations. 546 00:37:58,920 --> 00:37:59,080 Speaker 2: Hi? 547 00:37:59,719 --> 00:38:03,960 Speaker 1: I'm calling from Drilled Media and my name is Martha Tryan. 548 00:38:04,840 --> 00:38:10,040 Speaker 1: I did send a media inquiry by email, and I 549 00:38:10,080 --> 00:38:13,200 Speaker 1: was hoping to send at least a couple of questions 550 00:38:13,239 --> 00:38:18,280 Speaker 1: your way for a podcast episode, So if someone could 551 00:38:18,760 --> 00:38:21,240 Speaker 1: just get back to me. I did see the links 552 00:38:21,239 --> 00:38:23,720 Speaker 1: that you sent to us, but I'm hoping to actually 553 00:38:23,760 --> 00:38:30,600 Speaker 1: get a response, like a response to some questions. My 554 00:38:30,719 --> 00:38:34,400 Speaker 1: colleague Jeff Dunbecky received an email statement from TC Energy. 555 00:38:34,560 --> 00:38:37,840 Speaker 1: They wrote, at this time, we are focused on safely 556 00:38:37,880 --> 00:38:42,160 Speaker 1: completing construction to deliver lasting benefits for Indigenous and local 557 00:38:42,160 --> 00:38:45,879 Speaker 1: communities BC and Canada for decades to come. 558 00:38:47,320 --> 00:38:49,920 Speaker 5: Everything is at stake and you got to remember that. 559 00:38:50,000 --> 00:38:53,080 Speaker 5: We know what our parents and grandparents said. We know 560 00:38:53,320 --> 00:38:56,000 Speaker 5: why there was a Dolga Mocco stay away court case, 561 00:38:56,440 --> 00:38:59,760 Speaker 5: and we know the rhetoric that comes from elected officials 562 00:39:00,080 --> 00:39:01,400 Speaker 5: are stirred by industry. 563 00:39:02,239 --> 00:39:05,759 Speaker 1: Now, Max says, the BC government never upheld the Declaration 564 00:39:05,920 --> 00:39:08,879 Speaker 1: on the Rights of Indigenous People's Act and they need 565 00:39:08,920 --> 00:39:10,120 Speaker 1: to be held accountable. 566 00:39:10,680 --> 00:39:14,239 Speaker 5: That's exactly what has happened. They're not being held they're 567 00:39:14,239 --> 00:39:17,799 Speaker 5: not keeps in our word, and they're supporting projects such 568 00:39:17,840 --> 00:39:20,600 Speaker 5: as this which are adding to the climate change in 569 00:39:20,640 --> 00:39:24,000 Speaker 5: this entire planet. And yet they do it what for 570 00:39:24,120 --> 00:39:27,280 Speaker 5: many school amount of money. There is no future thinking 571 00:39:27,320 --> 00:39:30,440 Speaker 5: in this. And we as What's Holton, as the hereditary Chiefe, 572 00:39:30,960 --> 00:39:32,399 Speaker 5: we do for the betterment the wall. 573 00:39:32,560 --> 00:39:35,600 Speaker 4: It's not just for the What's Houltan. Everything we do 574 00:39:35,680 --> 00:39:39,200 Speaker 4: affects the planet. We need to work together to stop 575 00:39:39,280 --> 00:39:40,840 Speaker 4: these things. We are What's Holten. 576 00:39:40,920 --> 00:39:45,040 Speaker 5: But we know that Indigenous people around the world we 577 00:39:45,120 --> 00:39:48,160 Speaker 5: have the same laws. They all come from the ground. 578 00:39:48,680 --> 00:39:51,960 Speaker 5: The land here, the war, the planets, and medicine. That's 579 00:39:51,960 --> 00:39:54,440 Speaker 5: where our law comes from. That is what we have 580 00:39:54,560 --> 00:39:55,160 Speaker 5: in common. 581 00:39:58,160 --> 00:40:01,760 Speaker 1: As for Jocelyn, Alec said she doesn't have any plans 582 00:40:01,800 --> 00:40:03,719 Speaker 1: to give up the fight anytime soon. 583 00:40:04,239 --> 00:40:08,359 Speaker 2: With my second arrest, after we got released, we immediately 584 00:40:08,440 --> 00:40:12,040 Speaker 2: came back up. They're like, no way and how that 585 00:40:12,520 --> 00:40:15,680 Speaker 2: they're going to keep us away? Keep me away with 586 00:40:15,800 --> 00:40:18,000 Speaker 2: suetan woman on her own territory. 587 00:40:19,719 --> 00:40:23,160 Speaker 12: Huge thanks to Martha Trojan for bringing us this episode. 588 00:40:23,480 --> 00:40:27,880 Speaker 12: Martha reported, wrote and hosted Today. She's proudly from Laksul 589 00:40:27,960 --> 00:40:32,480 Speaker 12: First Nation and Wabascang First Nation in northwestern Ontario. 590 00:40:32,920 --> 00:40:35,680 Speaker 1: Our senior editor for the series is Eline Brown. 591 00:40:36,040 --> 00:40:40,160 Speaker 13: Sarah Ventry and Martin Saltz Austweak are senior producers. Sound 592 00:40:40,239 --> 00:40:43,960 Speaker 13: design and scoring also by Martin Saltz Austweek, who composed 593 00:40:44,080 --> 00:40:45,920 Speaker 13: much of the music in this episode. 594 00:40:46,120 --> 00:40:50,880 Speaker 1: Additional reporting by Jeff Dunbickie, Mixing and mastering by Peter Duff. 595 00:40:51,080 --> 00:40:54,320 Speaker 12: Our theme song is Bird in the Hand by a Forenown. 596 00:40:55,000 --> 00:40:56,799 Speaker 13: Fact checking by Wood and Jan. 597 00:40:57,520 --> 00:40:59,760 Speaker 12: Our First Amendment attorney is James Wheaton. 598 00:41:00,000 --> 00:41:03,160 Speaker 1: Our artwork was created by Matt Fleming. The show was 599 00:41:03,160 --> 00:41:07,480 Speaker 1: created by Amy Westerveldt first story related to this episode 600 00:41:07,719 --> 00:41:11,560 Speaker 1: from reporter Jeff Dumbickie. Head to our website at Drilled 601 00:41:11,680 --> 00:41:12,719 Speaker 1: dot Media. 602 00:41:13,080 --> 00:41:15,279 Speaker 13: You can also sign up for our newsletter there. 603 00:41:15,719 --> 00:41:17,840 Speaker 1: It's never more than a ten minute read, and people 604 00:41:17,920 --> 00:41:20,120 Speaker 1: tell us it helps them to keep up to date 605 00:41:20,320 --> 00:41:21,600 Speaker 1: on all things climate. 606 00:41:22,120 --> 00:41:24,839 Speaker 12: If you'd like to support our work, please leave us 607 00:41:24,880 --> 00:41:26,440 Speaker 12: a reading or review. 608 00:41:26,920 --> 00:41:29,120 Speaker 1: It really helps us to find new listeners. 609 00:41:29,520 --> 00:41:32,760 Speaker 13: Upgrade to a paid newsletter or podcast subscription for access 610 00:41:32,760 --> 00:41:35,960 Speaker 13: to add free early release episodes and bonus content. 611 00:41:36,640 --> 00:41:40,160 Speaker 1: Thanks for listening and we'll see you next week.