{"id":11024,"date":"2020-02-28T10:56:17","date_gmt":"2020-02-28T15:56:17","guid":{"rendered":"https:\/\/mohawknationnews.com\/blog\/?p=11024"},"modified":"2020-02-28T12:21:32","modified_gmt":"2020-02-28T17:21:32","slug":"mcgill-law-students-stand-with-wetsuweten","status":"publish","type":"post","link":"https:\/\/mohawknationnews.com\/blog\/2020\/02\/28\/mcgill-law-students-stand-with-wetsuweten\/","title":{"rendered":"MCGILL LAW STUDENTS STAND WITH WETSUWETEN"},"content":{"rendered":"

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Please post & distribute.<\/strong><\/p>\n

MNN. 28 FEB. 2020. akwehon ionkateriwarani entitawaneh. We are not Canadians.\"\"<\/a><\/strong><\/p>\n

The constitution act of 1982 is a continuation of their colonization of our land and people. It is impossible to bring our issues on colonization and genocide to the Admiralty Courts, WHICH IS FOR BANKS, CORPORATIONS ALWAYS ABOUT MONEY. The kaianerekowa was and still is the original law of this land. Our relationships are based on the teiohateh, the two row agreement. \"\"<\/a><\/strong><\/p>\n

McGill law students say that the indigenous people should be given the most respect because of sovereign law. UNDRIP UN Declaration on the Rights of Indigenous People declared in 2007 has not been adopted by Canada. onowarekeh, turtle island, is the birthright of the tahatikonsontontie, the unborn onkwehonweh. According to our culture each of us are the original caretakers of all of turtle island. No one has a right to convey, surrender or sell any part of onowarekeh. It belongs only to the future generations placed on turtle island by creation.\u00a0<\/strong><\/p>\n

Minister of Justice David Lametti of the government of Canada ignores the violation of our culture as caretakers of the land. Foreign entities cannot impose fraudulent documents that convey the land of our unborn to anybody. We were invaded. onowarekeh was usurped. We were placed in POW camps called \u201creserves\u201d. There was no war. The foreigners set about to extinguish us. They had the plan, the military and the weapons to take what they stole through their false claim \u2018doctrine of discovery\u2019. The Roman Catholic Pope declares he owns all heathen lands on the earth given to him by God. Anything based on a lie will always be a lie.<\/strong><\/p>\n

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KAMLOOPS JAN. 9\/2019: TRUDEAU SAID IN EFFECT: “CANADA [MYSELF] IS GUILTY OF GENOCIDE”. REMEDY – DISSOLVE THE INDIAN LANDS ACTS OCT. 25, 1924.\u00a0<\/strong><\/p><\/div>The McGill law students understand this. They signed and filed this letter to the Minister of Justice David Lametti.<\/strong><\/p>\n

\u201cFEB 27, 2020.<\/strong><\/p>\n

LETTER FROM STUDENTS AT THE MCGILL FACULTY OF LAW TO THE MINISTER OF JUSTICE DAVID LAMETTI IN SUPPORT OF THE WET\u2019SUWET\u2019EN<\/strong><\/p>\n

We, the undersigned, as students and faculty members of the McGill Faculty of Law, object to the inaction of the Minister of Justice David Lametti in regards to the RCMP invasion of sovereign lands. As students of this faculty, we have a particular responsibility to call on the Minister, who is an alumni, a past Associate Dean, and a Full Professor at our Faculty, which prides itself on promoting reconciliation and recognizing Indigenous legal orders. We feel his continued silence on the RCMP invasion of unceded Wet’suwet’en territory has the effect of condoning the violence occurring at the hands of the BC government and the RCMP. We assert that he has a duty (1) to condemn the actions of the RCMP and the BC government as violations of ‘Anuch niwh’it’en (Wet\u2019suwet\u2019en law) and sovereignty. The actions of the RCMP and BC government undermine Indigenous and human rights protected under the Canadian Constitution and Charter of Rights and Freedoms. Further, given that the Minister has the mandate to implement the United Nations Declaration on the Rights of Indigenous Peoples and that neither the Crown nor TC Energy obtained the free, prior and informed consent of the hereditary chiefs, the Minister ought to (2) state that the Crown is violating the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and that the sovereignty of Wet\u2019suwet\u2019en people must be affirmed.<\/strong><\/p>\n

Since February 6th, the RCMP has been conducting raids on unceded Wet\u2019suwet\u2019en lands to allow TC Energy to build the Coastal GasLink pipeline. The hereditary chiefs of the Wet\u2019suwet\u2019en have never granted consent to TC Energy allowing them to undertake work on their lands. This is not the first time militarized RCMP officers have invaded Wet\u2019suwet\u2019en territory; in January 2019, similar raids took place. These are repeated attacks on the sovereignty of the Wet\u2019suwet\u2019en people. We, the undersigned, were also appalled when we learned this summer that the RCMP was ready to use lethal force during that operation.<\/strong><\/p>\n

Faced with the escalation of colonial violence, we are adding our voices to the large solidarity movement that has emerged across the world in support of the Wet\u2019suwet\u2019en hereditary chiefs. Given the role the Canadian justice system has played and continues to play in legitimizing colonialism, we have a special responsibility, as law students, to stand in solidarity with Indigenous Peoples across Turtle Island. This is why the Truth and Reconciliation Commission singles out the legal profession and law schools to do better. We are trying to live up to those calls to action.<\/strong><\/p>\n

Aboriginal Title<\/strong><\/p>\n

The Wet\u2019suwet\u2019en people have been living on their lands since time immemorial. They have never ceded or surrendered their lands to Canada. In 1997, the Supreme Court of Canada ruled that the Wet\u2019suwet\u2019en People, as represented by their hereditary leaders, had not given up rights or title to their 22,000 square kilometres of territory. These rights are also guaranteed and protected under Section 35 of the Canadian Constitution.<\/strong><\/p>\n

The Duty to Consult and Free, Prior, and Informed Consent.<\/strong><\/p>\n

The duty to consult is a constitutional obligation that must be fulfilled by the Crown prior to taking action or making decisions that may have consequences for the rights of Indigenous Peoples in Canada. The necessity of consultation has been affirmed in various Supreme Court of Canada rulings, including in Haida Nation v British Columbia (Minister of Forests) [2004] and Delgamuukw v British Columbia [1997], which mandate proper consultation with and deference to the hereditary chiefs. However, this duty falls short of the requirement set out in UNDRIP, which details the importance of free, prior, and informed consent in article 11(2). The importance of FPIC has been supported by other sources of international law, such as the Convention on Biological Diversity and the International Labour Organization Convention 169. It is clear that proponents of the Coastal GasLink pipeline have not secured the FPIC of the Wet\u2019suwet\u2019en nation, who remain opposed to the pipeline\u2019s construction and have never ceded their territory.<\/strong><\/p>\n

While Coastal GasLink says it has consulted and signed agreements with all 20 First Nation communities along the path of the pipeline, the agreements were signed by elected councils created through the Indian Act, which does not grant them the authority to act beyond the boundaries of reserve lands. Under ‘Anuch niwh’it’en (Wet’suwet’en law), the five clans have not given their consent to Coastal GasLink to continue working on Wet’suwet’en lands. The hereditary leaders worry about risks to pristine waterways and salmon spawning grounds, as the people of Wet\u2019suwet\u2019en still use their ancestral homelands to hunt, fish, pick berries, and gather medicines.<\/strong><\/p>\n

A Violation of Indigenous Rights, Human Rights, and International Law<\/strong><\/p>\n

Earlier this year, in January 2020, the UN Committee for the Elimination of Racial Discrimination called on Canada to immediately suspend work on the Coastal GasLink pipeline. In a two-page statement, the committee said it is alarmed by the escalating threat of violence against Indigenous peoples in B.C. and disturbed by the \u201cforced removal, disproportionate use of force, harassment and intimidation by law enforcement officials against Indigenous peoples who peacefully oppose large-scale development projects\u201d on their traditional territories.<\/strong><\/p>\n

Soon after, Kasari Govender, British Columbia\u2019s human rights commissioner concurred with the UN Committee and stated, \u201cThis is a matter of fundamental human rights.\u201d She too, urged Canada to immediately cease the forced eviction of Wet\u2019suwet\u2019en and Secwepemc peoples<\/strong><\/p>\n

Further, Minister Lametti received the mandate to implement UNDRIP into law by the end of 2020. The current actions of the RCMP and BC government clearly violate Article 10, which stipulates that no Indigenous person shall be removed from their land. They also contravene Article 32, which mandates governments to receive the free, prior and informed consent of Indigenous Peoples before any development is made on their lands.<\/strong><\/p>\n

The Importance of Legal Pluralism<\/strong><\/p>\n

Beyond duties and obligations found in the Canadian Constitution, our time at the Faculty has taught us to appreciate that numerous legal traditions exist within the borders of Canada. There are not only the common and civil law, but also Indigenous legal traditions. The assertion of Crown sovereignty over what is today known as Canada neither displaced nor extinguished Indigenous sovereignty, legal orders and title over their lands. We hold this to be a legal truth. The Rule of Law also means respecting ‘Anuch niwh’it’en and Wet\u2019suwet\u2019en sovereignty.<\/strong><\/p>\n

For these reasons, and in respect of the plurality of legal systems operating in so-called Canada, we understand it is essential that we not stand by passively. We want to enter into a legal system of which we can be proud. At this moment, Minister Lametti is not acting in accordance with this standard.<\/strong><\/p>\n

As part of our McGill Law community, we are calling on the Minister to uphold his responsibility to us, to Indigenous peoples and to Canadians, by making a statement condemning the invasion of the Wet\u2019suwet\u2019en land and nation. We acknowledge Canada\u2019s long history of violently removing Indigenous Peoples from their lands – from residential schools, the relocation of Nunavik Inuit to the barren High Arctic to assert Canadian sovereignty over it, to the Oka Crisis and Ipperwash. The government\u2019s current action represents a continuation of colonial governance and should be condemned as such.\u00a0\u00a0<\/strong><\/p>\n

SIGNATURES OF MCGILL LAW STUDENTS:\u00a0Adrian Levine, 3L,\u00a0Adrienne Tessier 2L, Aidan Wall, 1L,\u00a0Aim\u00e9e Riou, 4L,\u00a0Alanna Crouse, 2L,\u00a0Alec Sader, 3L,Alessia Zenga, 1L,\u00a0Alexandra Champagne, 1L,\u00a0Alexandra Magazin, 3L,\u00a0Alexandre Giroux 3L,\u00a0Aliosha Hurry, 1L,\u00a0Allisa Ali, 1L,\u00a0Amanda Bowie-Edwards, 2L,\u00a0Am\u00e9lie Drouin, 3L,\u00a0Ana Qarri, 2L,\u00a0Andrea Sim 1L,\u00a0Angar Awj 3L,\u00a0Anna Gignac-Eddy, 1L,\u00a0Anna Rotman, 3L,Annabelle Blanchet, 3L,Aretta Gelineau, 1L,\u00a0Ariel Holmwood-Bramwell 1L,\u00a0Attou Mamat, 2L,\u00a0Audrey Parent, 1L,\u00a0Austin McDougall, 1L,\u00a0Aymen Benbouzid, 2L,\u00a0Beatrice Mackie, 2L,\u00a0Beth Friesen, 3L,\u00a0Bradley Por, DCL,\u00a0Breanne Lavallee-Heckert, 4L,\u00a0Brett Howie, 2L,\u00a0Camila Franco, 1L,\u00a0Camille Rivard, 2LCassandra Betts, 1L,\u00a0Chloe Barrette, 1L,\u00a0Christopher Ivancic, 1L,Christopher Joseph Ciafro, 1L, Chrys Saget-Richard, 2L,\u00a0Chukwubuikem Nnebe, 1L,\u00a0Claire Henderson-Hamilton, 2L,\u00a0Claire Lawrence, 3L,\u00a0Corrine Tansowny, 1L,\u00a0Curtis Mesher, 3L,\u00a0Daniel Powell, 3L,\u00a0Danielle Arseneau, 1L,\u00a0Daniel Tamblyn-Watts, 1L, David How, 2L, Diana Stepner, 2L,\u00a0Elise Mallette, 2L,\u00a0Elizabeth Mu Tan Yu, 1L,\u00a0Emilie Duchesne, 4L,\u00a0Emily Cherlet, 2L,\u00a0Emily Knox, 2L,\u00a0Emma Brayley, 1L,\u00a0Emma Lodge, 1L, Emma Sitland 1L,\u00a0F\u00e9lix-Antoine Pelletier, 3L,\u00a0Gabriel D\u2019Astous, 2L,\u00a0Gabrielle Landry, 3L,\u00a0Garima Karia, 1L,\u00a0Genevi\u00e8ve Nevin, 1L,\u00a0Genevieve Shemie, 2L,\u00a0Georgia Therriault, 1L,\u00a0Gwendolyn Muir, 4L,\u00a0Hanna Rioseco 1L,\u00a0Helen Tucker, 4L,\u00a0Iradele Plante, 2L,\u00a0Isabelle Cot\u00e9, 1L,\u00a0Isabelle Marie Zwicker, 1L,\u00a0Jasmine Razavi, 2L,\u00a0Jeanne Mayrand-Thibert, 1L,\u00a0Jemark Earle, 2L,\u00a0Jeremy lohier 1L,\u00a0Jeremy Wiener, 1L,\u00a0Jerry Lan, 3L,\u00a0Jocelyne Couture, 3L,\u00a0Jodie C\u00f4t\u00e9-Marshall, 3L,\u00a0Jonathan Martin, 2L,\u00a0Julianna Duholke, 2L,\u00a0Justin Miller-Clarke, 3L,\u00a0Justin Jalea, 1L,\u00a0Justine Simoneau, 3L,\u00a0Kassandra Neranjan, 1L,\u00a0Katerina Cook, 1L,\u00a0Kathleen Barera, 3L,\u00a0Kathryn Chadwick, 3L, Katrina graham, 1L, Kaelyn Macaulay, 1L, Karifa Magassouba, 1L,\u00a0Kayla M\u00edguez, 2L,\u00a0Kerrin-lee Whyte, 3L,\u00a0Khadija Ahmed, 1L,\u00a0Kiana Saint-Macary, 1L,\u00a0Kim-Lan Dam, 2L,\u00a0Kimia Towfigh, 3L,\u00a0Larissa Parker, 2L, Laura Doyle P\u00e9an, 1L,\u00a0Lauren Manoukian, 2L,\u00a0Laurent C\u00f4t\u00e9-De Lagrave, 1L,\u00a0Lauriane Palardy-Desrosiers, 2L,\u00a0L\u00e9onie Bourdeau, 1L,\u00a0Lian Francis, 3L,\u00a0Liam Brunton, 1L,\u00a0Liam Connor, 2L,\u00a0Linda Muhugusa Murhimanya, 3L,\u00a0Maia Stevenson, 4L,\u00a0Marc Lussier, 3L,\u00a0Margo Crawford, 3L,\u00a0Mark Townsend, 1L,\u00a0Maria Anghelidis, 1L, Marianne Goyette, 1L, Matthew Tse, 1L,\u00a0Maya Gunnarsson, 3L,\u00a0Meg Heesaker, 1L,\u00a0Meghan Boyer, 1L,\u00a0Mehlka Mustansir, 1L,\u00a0Michelle Arentsen, 1L,\u00a0Michelle Pucci, 2L,\u00a0Miguel Therrien, 1L,\u00a0Morgan McGinn, 3L,\u00a0Natalia Koper, 2L,\u00a0Natalia Paunic, 3L, Nevada McEniry-Hatajlo, 3L, Niamh Leonard – 1L,\u00a0Nick Pineau, 1L,\u00a0Nicole Maylor, 3L,\u00a0Nicole Whitmarsh, 1L,\u00a0Oliver Chan, 2L,\u00a0Olivia Huynh, 2L,\u00a0Raphael Schmieder-Gropen, 2L,\u00a0Renaude Morin, 4L, Robyn McDougall, 1L,\u00a0Rose Adams, 3L,\u00a0Rose Savaria, 1L,\u00a0Ryan Faulkner, 1L,\u00a0Samuel Helguero, 1L,\u00a0Sandrine Masri, 1L, Sandrine Royer, 1L,\u00a0Sara Tadayyon, 2L,\u00a0Sarah Nixon, 1L,\u00a0Savleen Sur 1L,\u00a0Sayre Potter, 2L, Sejeong Park, 2L,\u00a0Sharayer Rajabi, 2L, Siddhartha Borissov-Beausoleil, 4L,\u00a0Simon Filiatrault, 2L,\u00a0Sonia Ahimana, 3L,\u00a0Stewart Wiseman, 1L, Theresa James, 2L,\u00a0William Bryson, 1L,\u00a0Yanicka Poirier, Alumni,\u00a0Yulia Yugay, 4L, Zach Morgenstern, 4L,\u00a0Zain Abdulla, 1L,\u00a0Zo\u00eb Christmas, 2L<\/strong><\/p>\n

Tom petty\u00a0 sings about standing with the people; “Well I won’t back down<\/em><\/strong>
\nNo I won’t back down.\u00a0You can stand me up at the gates of hell.\u00a0But I won’t back down.\u00a0No I’ll stand my ground, won’t be turned around.\u00a0And I’ll keep this world from draggin me down. <\/strong><\/em>Gonna stand my ground\u00a0… and I won’t back down”<\/strong><\/em><\/p>\n