From the Eagle Watch
November 19, 2013
Do Not Expect Justice in the Crown's Courthouse
We already went through this kind of thing at Sharbot Lake in
2007.
It's a simple fact that there is NO JUSTICE for Indigenous
people in the Crown's Courthouse.
When we use the Courts, ie the Queen's Theatre, the only
benefit to us is in the publicity. We need to keep this
critical issue in the spotlight. If the situation in Mi'kmaq
territory goes out of the news, that is when bad things will
happen to destroy our momentum. And we do have momentum which
is terrifying to the corporatists.
The judge in this case is absolutely ignorant. Read her remarks
very carefully. This type of ignorance reveals her deep seated
RACISM. It is the RACISM of denial, the deadly psychological
aspect of this low level warfare being waged against us.
You cannot expect the fox to protect the chicken house.
Kittoh
FYI
http://aptn.ca/news/2013/11/18/court-loss-elsipogtog-braces-swns-return/
November 18, 2013 · 7:33 PM
After court loss, Elsipogtog braces for SWN’s return
By Jorge Barrera, APTN National News, Nov 18, 2013
“Frack Off” rally this past summer, New Brunswick.
FREDERICTON–There were tears outside a courtroom in Fredericton
Monday after a New Brunswick judge ruled against Elsipogtog
First Nation which was seeking an injunction to stop a
Houston-based energy company from continuing its controversial
shale gas exploration work north of the community.
Weeping supporters hugged Elsipogtog Chief Aaron Sock after
Justice Judy Clendening handed down her ruling, effectively
clearing the way for SWN Resources Canada to continue the last
phase of its shale gas exploration work about 46 kilometres
north of the Mi’kmaq community.
“I think we’re still in shock, we’re nervous and scared about
what’s going to happen,” said Judie Miksovsky, from the
St. Mary’sFirst Nation Maliseet community near Fredericton.
Elsipogtog was seeking to convince the judge to issue the
temporary injunction against SWN arguing the province had
failed to consult properly and that a conflict, echoing the
heavily armedRCMP raid on Oct. 17, loomed on the horizon.
Clendening, however, found that Elsipogtog failed to adequately
make its case.
“In my view and at this stage, and without any real evidence of
the irreparable harm that may be occasioned on (Elsipogtog), it
is apparent that SWN is suffering monetary losses,” said
Clendening. “There is no evidence of the degree of harm to
(Elsipogtog) that is related to the Crown’s request to consult.”
Clendening also dismissed Elsipogtog’s argument that a violent
conflict loomed on the highway if the company was allowed to
continue its work.
“The respondents (SWN, the province) are not inciting this
reaction and there is no evidence that the respondents will
interfere with a peaceful protest,” said Clendening, in her
oral ruling. “The threat of radical elements converging is not
a reasonable factor to be considered. SWN needs to complete
this phase of the work and there is no evidence that the
consultation and accommodation cannot be recommenced between
the Crown and (Elsipogtog).”
SWN has faced months of protests and blockades from a persistent
opposition of Mi’kmaq people from Elsipogtog and sister
communities who are supported by Acadians from surrounding
communities. The Mi’kmaq-led opposition fear shale gas
explorationwill eventually lead to hydraulic fracturing, or
fracking, threatening the area’s water.
Mi’kmaq-led demonstrators have twice turned back SWN and its
contractors on Hwy 11, which is the last area where the company
wants to conduct shale gas exploration before winter. They have
vowed to stop SWN at all costs and have set up a camp just off
the highway.
On Oct. 17, heavily armed RCMP tactical units descended on
an anti-fracking camp on another highway called Route 134
which was blocking SWN’s vehicles in a compound owned by JD
Irving Ltd. The RCMP arrested 40 people and seized three
rifles, ammunition and crude explosive devices in an operation
that lead to a day-long clash with Elsipogtog residents.
Several RCMP vehicles were also torched in the melee.
Chief Sock said he hoped violence could still be avoided.
“I just hope and pray that it remains peaceful,” said Sock.
Sock said there was little he could do to stop the violence if it flared.
“I am just one man, I can’t really commit to anything,” said Sock.
Elsipogtog has pulled out of the Assembly of First Nations
Chiefs of New Brunswick (AFNCNB) over the ongoing controversy
surrounding SWN’s exploration work. The AFNCNB was named in
the band’s application for the injunction. The band argued that
the AFNCNB had failed in its delegated duty to act on behalf of
the community in the consultation process.
AFNCNB’s lawyer Kelly Lamrock said the organization did not
oppose the injunction and said the judge’s ruling came with
a lesson.
“Take all that opportunity to build evidence and then take your
shot in court, because if you are going to take a shot at the
government in court, don’t miss,” said Lamrock.
Back in Elsipogtog and at the anti-fracking camp, many waited
nervously for the judge’s decision. They know the people will
again be out to stop SWN’s machinery on the highway.
“Profits over lives is the rule of law now,” said Brian Milliea. “Our people have been put on crosshairs now.”
And at the campsite, people were preparing for the return of SWN.
“We will still be out there until it stops,” said one of the
warriors at the camp.
