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View Paul Manly Profile
GP (BC)
View Paul Manly Profile
2020-02-26 18:47 [p.1643]
Mr. Speaker, on February 6, the day that the RCMP began raids on the Wet'suwet'en people asserting sovereignty over their lands, I asked why the government had abandoned its duty and allowed the constitutional and legal rights of the Wet'suwet'en hereditary chiefs to be violated.
Since early January, the hereditary chiefs have been asking for meetings with the federal and provincial governments to help them deal with the issues they were facing with the Coastal GasLink project.
I travelled to Wet'suwet'en territory on January 19 and met with a hereditary chief. I travelled through the territory and learned about the Wet'suwet'en law. I met with the RCMP detachment commander in Smithers and at the community-industry safety office, 25 kilometres off the highway, out in the bush. The RCMP told me that as long as there was dialogue, it would not act on the Coastal GasLink injunction.
The Wet'suwet'en had proposed alternate routes for the pipeline six years ago. Instead of compromising and using an existing pipeline route, Coastal GasLink pushed its project through a pristine and culturally sensitive area.
Coastal GasLink is running its pipeline down the historic Kweese trail, which is thousands of years old. This area contains archeological sites and burial grounds. The area is used for cultural training of the Wet'suwet'en youth. It is an area used for hunting, gathering, trapping and other cultural practices. The Unis’tot’en camp was established in the area 10 years ago to assert sovereignty, and now includes a well-established healing centre.
I have a map on my desk of the alternative routes, a description of these routes provided by Pacific Trails Pipeline, another pipeline company working in the area. I have the documents outlining Coastal GasLink's refusals to consider these alternative routes because of the cost. I have a petition to the Supreme Court of B.C. by the Office of the Wet'suwet'en, outlining a long list of non-compliance by Coastal GasLink of the terms and conditions set out by the environmental assessment office in B.C., including the damage done to archeological sites without a proper assessment of those sites.
A week before the raids, I gave the Prime Minister a letter in person and asked him to take time to meet with the hereditary chiefs. The Prime Minister's response was that this was a provincial issue, not a federal issue. I told him that it was a federal issue. The federal government is responsible for the Indian Act, the reserve system and the nation-to-nation relationship with first nations.
Let us review the constitutional and legal rights of the Wet'suwet'en hereditary chiefs.
The Royal Proclamation of 1763 states that indigenous title to indigenous lands must first be reconciled before settlement can take place and only the Crown can reconcile indigenous title.
Section 35(1) of the Constitution Act of 1982 recognizes and affirms aboriginal and treaty rights.
The Supreme Court in Delgamuukw affirmed that the Royal Proclamation of 1763 applied and confirmed that aboriginal title was not extinguished by the Wet'suwet'en. It was the Wet'suwet'en hereditary chiefs who were the plaintiffs in the Delgamuukw case. They were recognized by the Supreme Court of Canada.
The Supreme Court's Tsilhqot’in decision confirmed that land rights were collective and intergenerational, and it was the collective that spoke for the ancestral territory. The hereditary system represents that collective.
The government has had 23 years to work with the Wet'suwet'en First Nation to implement the directives outlined by the Supreme Court in the Delgamuukw decision. The lack of free, prior and informed consent and the RCMP raids are violations of the government's commitment to the UN Declaration on the Rights of Indigenous Peoples. The federal government has failed in its responsibility to the Wet'suwet'en people by not negotiating with the hereditary chiefs before the RCMP raids.
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