The history of colonization is dark. Indigenous peoples of Canada have been facing discrimination and racism since European setters began to occupy their land in the 1400s. Stolen land, the death of language, residential schools and centuries of abuse are still present in the Canadian justice system and in many Indigenous communities today.

Effforts to unveil the truths of systemic racism that run rampant in our society are a step in the right direction, but the media often misses the most obvious truths, the ones that lie right in front of our noses.

The death of George Floyd and Black Lives Matter movement took over the news last week, shining the light on systemic racism within the judicial system in the United States. Thousands have been taking to the streets, protesting against racism and for police reform. We must, however, remember not to shine the light too far away from our own.

Colonization is ongoing. Though the Wet’suwet’en Nation in British Columbia has never signed over their land to European settlers, their 22 000 km of land has never officially been recognized as their own, and protected under Canadian law.

Montreal Wet’suwet’en Solidarity Protest June 5, 2020. Photo by Bree Rockbrand

That is why, last Friday, June 5th, On Friday, June 5th, a crowd of around 300 protesters gathered around the George-Etienne Cartier monument at Jean-Mance Park to protest the CGL pipeline in solidarity with the Wet’suwet’en nation.

Last January and February, a string of nation-wide protests and VIA rail blockades halted access from Montreal to Toronto. Media presence had waned since the COVID-19 pandemic took over, but the fight is still far from over.

Though a landmark Memorandum of Understanding was signed that recognizes some rights of the Wet’suwet’en people, it does not affect the construction of the CGL pipeline, which is still opposed by Wet’suwet’en hereditary chiefs. The protest was organized by student groups that focus on environmental protection.

“Climate justice doesn’t exist without indigenous sovereignty and being in solidarity with the indigenous people especially here in Canada,” said John Nathaniel Gurtler, a Dawson student in environmental studies and an organizer of the event for La CEVES, Student Coalition for Environmental and Social Change in English.

The event was supposed to take place on that Sunday, but changed when the protests against the murder of George Floyd were organized for the same date.

“We see it as all sort of under the same umbrella of justice and fighting for people who have faced systematic racism,” said Gurtler. “The Indigenous people, just like Black people here in Canada, are people who have for hundreds of years faced racism and oppression and have been put aside.”

“What we need here is a real revolution for oppressed people. In Canada, it’s indigenous people, it’s not just black people,” Gurtler continued. “It’s all under the same umbrella of justice and showing up in solidarity.”

The CGL pipeline is set to run through 190 square km of traditional Wet’suwet’en land in Northern British Columbia. Though five out of six Wet’suwet’en elected band council members signed on to the CGL pipeline, the government never asked permission from the hereditary chiefs, who have had custodianship over the 22 000 km of unceded traditional land according to ongoing, pre-colonial tradition.

Last year, the Trudeau government ordered the RCMP to invade the Unist’ten camp – built on the borders of Wet’suwet’en territory during another contested pipeline project in 2010, where many other planned pipelines have been planned to cross over.

Montreal Wet’suwet’en Solidarity Protest June 5, 2020. Photo by Bree Rockbrand

Wet’suwet’en territory is unceded; the Nation have never signed a treaty or agreed to share the 22 000 square km of traditional land they have had since before European settlers began to occupy their territory in the 1800s. In November 2019, the BC provincial government passed legislation to implement the United Nations Declaration of the Rights of Indigenous People’s Act. The declaration includes 46 articles, covering Indigenous culture, community, identity, health, and more.

The provincial government’s decision not to engage in meaningful discussion counteracted their implementation of the UN Declaration. Hereditary chiefs asked for UN intervention after RCMP invaded their camps. In January, a UN committee fighting racism urged RCMP officials to leave the territory.

The situation sparked national and international outrage. Nationwide protests throughout January and February led to the shut down of Canadian VIA rail trains, and international support from Indigenous communities and land defenders worldwide. The Kahnawake community in Montreal stepped forward, as well, with hints of the 1990 Oka crisis thick in the air.

Though the pipeline isn’t yet in the ground, already two oil spills are being investigated by the Office of the Wet’suwet’en. Though the CGP pipeline, widely contested both nationally and internationally, is still in its’ early phases, 500 liters of oil have leaked onto Wet’suwet’en territory.

“They haven’t even started putting the pipeline in and they have a big mess already,” said Marlene Hale, Wet’suwet’en representative at the protest. The spills occurred close to Morice river, where the locals fish, explained Hale.

Montreal Wet’suwet’en Solidarity Protest June 5, 2020. Photo by Bree Rockbrand

Hereditary chiefs, whose traditional job it is to protect the land, and land defenders worry about the negative effects of the pipeline to the environment, and the effects it will have on future generations.

The situation is reminiscent of North Dakota’s Keystone pipeline, contested by Indigenous land defenders worldwide in fear of the repercussions of an oil spill that would affect members of the society, their drinking water and infrastructures. Over 380 000 gallons of oil spilled from the pipeline in November 2019.

Media presence of the anti-pipeline protests was strong in January and February, but quickly fizzled out as the COVID-19 pandemic began. The virus did not stop CGL pipeline workers from continuing construction.

The official website of the pipeline shows how far along each segment of the project is. Currently, 75% of the route has been cleared.

“The idea of the protest started during the pandemic when the federal government announced that they would be funding the pipeline project with up to 500 million dollars,” explained Gertler. “That happened sort of under the radar, and several of us said that this can’t happen. We were fed up with being behind our screens and we wanted to do something more direct.”

The issue is both environmental and social, tying in Indigenous land rights to misuse of the land.

The provincial government’s ability to supersede Wet’suwet’en hereditary chiefs’ wishes stems from the Indian Act. Though both the provincial and federal government have recognized Wet’suwet’en land as unceded during an MOU signing last month, land rights are still undefined.

“[The MOU] is a step in the right direction, but it doesn’t mention the Coastal GasLink at all, which is central to all of this,” said Gertler. “Even during the pandemic it was happening – while we were told to stay inside and limit ourselves to essential things, the pipeline, which is definitely not essential, is being built.”

“[It puts] indigenous communities in danger which are already at a heightened risk – communities that don’t have the systems in place to deal with outbreaks and don’t have running water sometimes to wash their hands,” he continued

“What we need here is a real revolution for oppressed people,” he added.

Protesters began the trek on wheels from the George Etienne Cartier monument at Jean-Mance around 7pm, after Marlene Hale, a chef from Wet’suwet’en nation who lives in Montreal, addressed the crowd.

“The RCMP still taunt us, laugh at us,” she said. “They pretty much just want us to have the COVID and go away and die.”

Though the situation induces anger, Hale maintained that it’s important to stay positive. “Choose your words carefully, what you say to your neighbors,” she said. “Don’t get people angry for any reason. Keep it here [at the protest].”

“When I do meditation, I’ve learned all the time is – there’s a positive time and there’s a negative side. And when it gets negative, just flush it.”

The 300 or so protestors rode down Parc Avenue, all the way across the city to Parc Maisonneuve in the Rosemont–La Petite-Patrie borough, masked up with signs attached to bikes. The 45 minute trek ended as the sun began to set in the park.

The June 5th date held extra importance. It was that day that the BC government held the trial for 22 land defenders who were arrested by the RCMP in February. They were not charged.

On the same day, Bill 61 – a law that criminalizes folk who choose to protest the CGL pipeline with a $25 000 infraction or jail time – was passed in Alberta, where the pipeline starts at Dawson Creek.

“There’s no way that these people who are often disadvantaged are going to be able to pay $25 000. So it’s terrible. It’s a disgrace to democracy and it’s terrible,” said Gertler.

While not everybody has the health to protest, organizer Albert Lalonde, spokesperson from La Ceve, said that folks can show support and solidarity by becoming educated on systemic racism and microaggressions, signing petitions, and donating money to funds.

“I think we see it as a responsibility to just be allies to those who have always been the land and water protectors,” he said. “We’ve stolen their land, and we must hand it back, it’s our responsibility. We have to stop this system of oppression that they have to deal with every day. Not doing so would mean that we are complicit, and this is not a thing we want, it’s not a thing we can accept. They have their right to self-determination, we’re on their land,” he said.

La CEVES plans to continue environmental and solidarity protests throughout the summer.

Photos by Bree Rockbrand

“We have a lot of work ahead of us, a lot of catching up to do,” said Chief Gisday’wa. “A hundred and fifty years of it.”

At a virtual Zoom meeting held on May 14, the Wet’suwet’en hereditary chiefs met with the federal government of Canada and the provincial government of British Columbia to sign a three way Memorandum of Understanding.

The agreement immediately recognizes that Wet’suwet’en rights and title are held by the nation’s own system of governance, and include a commitment to beginning negotiations on legal recognition of Wet’suwet’en title to their traditional land.

Chief Gisday’wa was one of the plaintiffs in the landmark 1997 Delgamuukw-Gisday’wa case, which led to a Supreme Court decision that recognized Wet’suwet’en system of laws that predates colonialism.

The deal was struck in February, amidst nation-wide protests in solidarity with the Wet’suwet’en nation against the construction of the Coastal GasLink Pipeline, planned to run through 190 km of Wet’suwet’en traditional territory.

The slogans ShutDownCanada and All Eyes on Wet’suwet’en swept the nation in January and February, with protestors showing support from all around the Wet’suwet’en as rail blockades halted access from Montreal to Toronto in solidarity.

The 670 km long natural gas pipeline is planned to carry gas from a town in eastern BC to a liquefaction plant on the west coast of the province, where the gas will be exported to Asian customers. It is known as the largest private sector investment in Canadian history.

While five of six elected band council members agreed with the project, the hereditary chiefs, whose role within the nation is to make decisions over the land, say they never consented. The dispute made global headlines, with UN Committee on the Elimination of Racial Discrimination called for immediate withdrawal as RCMP raided the Unist’ot’en camp with guns in tow.

The Wet’suwet’en are just one of many First Nations in the province that have been attempting to negotiate jurisdiction, recognition of ownership, and self-government since Europeans began to settle on their traditional land in the 1800s.

“This is not just an indigenous issue, this is a human rights issue, the rights for us to be who we are as Wet’suwet’en People,” Cheif Na’Moks said at the virtual signing.

The Wet’suwet’en have never signed a treaty or relinquished their rights to the 22,000km of land they have been inhabiting since pre-colonial times.

“There’s no turning back,” said Marlene Hale, a chef from Wet’suwet’en who led protests in Montreal. She says the MOU represents a step towards reconciliation.

“It’s a signal to the government that we may have agreed to start this work by starting the talks and negotiations,” she continued. “They will walk the path of reconciliation with us. That’s very important. The rights and titles will be recognized.”

In 1984, leaders of the Gitxcan and Wet’suwet’en First Nations took the BC provincial government to court to establish jurisdiction over 58 000 km of both land and water. The fight for recognition of ownership of the land had climbed to urgency when a hydroelectric project established by the BC government in the 50s caused major damage to the area of multiple First Nations groups, including the destruction of homes and of sacred burial ground.

As clear-cut logging projects were approved by the BC government, members of the Gixdan and Wet’suwet’en nations opposed the building of a second hydro project, the First Nations appealed the decision and the case eventually made its way to the Supreme Court of Canada. During the trial, The First Nations group provided evidence to their historical ownership of the land by using oral history; witnesses spoke in their own languages, using translators to tell the long history of the land and water in the territory.

Ceremonial songs and performances, reciting the adaawk, personal bloodline histories of the Gitxsan, and kungas, songs about trials between territories of the Wet’suwet’en.

The Supreme Court of Canada ruled oral history to be evidence of pre-colonial land ownership, and ruled that the right to the Nations’ land had not been extinguished.

The Delgamuukw-Gisday’wa case made headlines as the most comprehensive decision about Aboriginal title, which legally states that “the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada are hereby recognized and affirmed”. While the case affirmed that the Wet’suwet’en may still have ownership of their land, any further decisions were not made.

The MOU, Hale said, “leads to a consensus on the government to implement the 1997 Supreme Court Delgamuukw-Gisday’wa [case] – it was really putting it official.”

The fight was still far from over. Land rights have yet to be clearly defined and articulated in court, even though it had been acknowledged that the Wet’suwet’en never signed over their land in a treaty.

In 2010, Wet’suwet’en hereditary chiefs and land defenders built the Unisto’ten Camp as a means to block the development of numerous proposed pipeline projects that would cut through the First Nation’s territory. Hereditary chiefs held their opposition to Enbridge Northern Gateway Pipelines, a pipeline project whose’ path was similar to the future CGL.

A permaculture garden and a traditional pithouse were built on site, bringing life to the conflict, used for shelter are included in the camp which lays at the exact point pipelines would cross into Unis’to’ten Wet’suwet’en territory.

Though the ENGP project never went through, the CGL pipeline was officially approved in 2015, with Wet’suwet’en hereditary chiefs remaining in opposition.

In 2014, Tsilhqot’in Nation in B.C. became the first to prove title to their land in court.

In another landmark Supreme Court ruling, provinces cannot unilaterally claim a right to engage in clear-cut logging on lands protected by Indigenous Peoples; they have to engage in meaningful consultation with the Aboriginal title-holder before proceeding.

“This is the first time I think that any of the governments have taken any real steps forwards towards trying to find reconciliation towards Indigenous Peoples,” said Chief Smogelgem during the MOU signing.
“This is a significant time for our nation,” he continued. “It’s a significant time for everybody, all around the world. Not just because of the pandemic, but because of the work that we’re about to do today which is working actually towards true reconciliation. It is no longer a political catch phrase – this is something that is going into action.”

The 1876 Indian Act, which charted an assimilationist policy towards the Aboriginal peoples in Canada, made it illegal for Indigenous Peoples to raise money or hire lawyers for land claims. This was not lifted until 1951.

The Wet’suwet’en uses a “mixed governance system” that uses both hereditary and elected chiefs, who all play different roles within the community. The elected band council is a position that stemmed from the Indian Act to bridge Canadian government with First Nations. It is different from the traditional position of the hereditary chief, where hereditary chiefs attain governing power by consensus.

It is their job to protect the land and assure its safety for future generations, a continuation of the work of their ancestors that will be passed down to future generations.

“We always knew that we had 22 000 square kilometers of land,” said Chief Na’Moks at the virtual signing.

For Marlene Hale, May 14 is a new day to mark on the calendar – a celebration. “Wiggus – respect – rides high with our people,” she said. “And it was not respected, that word. It is now, it is existing and it is respected. By them signing, this wiggus has come to light again.”

“We’re here to make a future, because this is who we are. We’ve always held our integrity, we’ve always held our honesty, we’ve always held our respect. From this day forward, it has to be reciprocal. When we speak, we must be listened to. When we come to an agreement, it’s an agreement from the heart, the soul and for the future, and we have to do it for everybody.”

“When our children and grandchildren and great grand children look upon this day, I want them to look back on this for a smile on their face,” he continued. “Those ladies and gentlemen did it for us, and now we’re doing it for them. And it has to be done with honesty and hard work. Today the work starts, the real hard work starts. And there will never be another piece of legislation of policy that will ever silence the Wet’suwet’en again.”

It’s important to note that while the Memorandum of Understanding is an important step forward for aboriginal rights, it does not affect the Coastal GasLink Pipeline which is currently being built.

Featured image by James Hyett via WikiMedia Commons