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Critical Infrastructure Defence Act

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The Legislative Assembly of Alberta ( French : Assemblée législative de l'Alberta ) is the deliberative assembly of the province of Alberta , Canada. It sits in the Alberta Legislature Building in Edmonton . Since 2012 the Legislative Assembly has had 87 members, elected first past the post from single-member electoral districts . Bills passed by the Legislative Assembly are given royal assent by the lieutenant governor of Alberta , as the viceregal representative of the King of Canada . The Legislative Assembly and the Lieutenant Governor together make up the unicameral Alberta Legislature .

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86-535: The Critical Infrastructure Defence Act , tabled as Bill 1 , is a law introduced into the Legislative Assembly of Alberta in 2020 which seeks to legally define essential infrastructure and create offences and penalties for those who enter, destroy, or obstruct infrastructure. It was introduced on February 25, 2020, and received royal assent on June 17. The bill has drawn criticism for targeting Indigenous groups, and some believe that it violates aspects of

172-412: A Canadian National (CN) Railway line for around 12 hours before about 30 counter-protesters dismantled it. Protesters and counter-protesters argued, but there was no violence. Eastbound and westbound railcars carrying perishables, industrial products and flammable products were stopped. According to an affidavit signed by superintendent of network operations Jason Hilmanowski on behalf of CN, the impact of

258-614: A major Canadian National Railway (CNR) line between Toronto and Montreal and led to a shutdown of passenger rail service and rail freight operations in much of Canada. The Eastern Ontario blockade was itself removed by the Ontario Provincial Police . Blockades and protests continued through March in BC, Ontario and Quebec. Discussions between representatives of the Wetʼsuwetʼen and the governments of Canada and British Columbia have led to

344-557: A major junction in Hamilton, Ontario. A nation-wide student walkout occurred March 4, with university students across the country showing their support for the Wetʼsuwetʼen protesters. The protests led to the creation of several hashtags , used widely on social media in relation to coverage of the protests. These include #ShutDownCanada, #WetsuwetenStrong, #LandBack, and #AllEyesOnWetsuweten. By September 21, over 200 Facebook users had been blocked from posting or sending messages on

430-447: A negative impact on the province's industries, including economic losses in both agriculture and propane. On February 25, Bill 1 was introduced by Premier of Alberta Jason Kenney . Kenney said of the bill: “The right to protest does not include being able to prevent your neighbours from getting to work and putting food on the table, or threatening their security. Albertans expect their government to deal with lawlessness and stand up for

516-562: A provisional agreement on the Wetʼsuwetʼen land rights in the area. The Coastal GasLink (CGL) pipeline is a 670-kilometre-long (420 mi) natural gas pipeline designed to carry natural gas from mines in north-eastern British Columbia to a liquefaction plant at the port of Kitimat . The project is intended to supply natural gas to several Asian energy companies, who are partners in the project. The pipeline's route passes through unceded lands of several First Nations peoples, including 190 kilometres (120 mi) of Wetʼsuwetʼen territory. Within

602-452: A public statement, the Wetʼsuwetʼen chief rejected the decision. On January 1, after rejecting the injunction, the hereditary chiefs ordered the eviction of the RCMP and Coastal GasLink personnel from the Wetʼsuwetʼen territory. On January 30, the RCMP announced that they would stand down while the hereditary chiefs and the province met to discuss and try to come to an agreement. On February 3,

688-479: A railway blockade in Edmonton. In Calgary, approximately 200 protesters marched from TC Energy Tower in downtown Calgary to Reconciliation Bridge on February 10. They blocked traffic for 2 hours at the intersection of Memorial Drive and Edmonton Trail, before returning to the bridge at police's request. Protesters later marched from the bridge to city hall late Monday afternoon. Protesters connected with police prior to

774-602: A series of civil disobedience protests were held in Canada over the construction of the Coastal GasLink Pipeline (CGL) through 190 kilometres (120 mi) of Wetʼsuwetʼen First Nation territory in British Columbia (BC), land that is unceded . Other concerns of the protesters were Indigenous land rights , the actions of police, land conservation, and the environmental impact of energy projects. Starting in 2010,

860-458: A statement about the drilling, saying "our crews will utilize a micro-tunnel method which is a type of trenchless crossing that is constructed well below the riverbed and does not disturb the stream or the bed and banks of the river". Robinson said that experts deemed micro-tunnelling to be the safest and most environmentally-responsible method. She also said that there was still an enforceable injunction against any opposition to CGL construction. In

946-479: A statement of claim against the law at Alberta Court of Queen's Bench . The union argued that the law violates the rights of Albertans to peacefully protest and will hamper the union's ability to engage in collective bargaining, which includes the right to strike. AUPE president Guy Smith stated: "We will fight this all the way to the Supreme Court and we will defend any and all AUPE members or staff who are caught in

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1032-551: Is a direct response to the Wet'suwet'en protests . Many view it as a racially targeted law that violates Indigenous rights. Arthur Noskey, Grand Chief of the Treaty 8 First Nations of Alberta, called the bill "racialized" and believes that it will aggravate tensions between police and Indigenous peoples, and provide justification for the arrest and brutalization of Indigenous peoples. Assembly of First Nations Alberta regional chief, Marlene Poitras,

1118-599: Is critical to the CNR network in Eastern Canada as CNR has no other east–west rail lines through Eastern Ontario. However, in order to mitigate major economic disruption, CNR brokered a "workaround" agreement with Canadian Pacific Railway (CPR) to share tracks in order to avoid the Mohawk protesters. Other protests blocking rail lines halted service on Via Rail's Prince Rupert and Prince George lines, running on CNR tracks. Protests on

1204-572: The Canadian Charter of Rights and Freedoms . The bill was introduced in response to the 2020 Canadian pipeline and railway protests . Protesters of the Wetʼsuwetʼen First Nation objected to the construction of the Coastal GasLink Pipeline (CGL) through 190 kilometres (120 mi) of their unceded traditional territory in British Columbia . Protesters blocked construction of the pipeline, preventing workers from accessing parts of

1290-563: The Alberta Federation of Labour , Gil McGowen, said the broadness of the law could allow the government to potentially shut down political demonstrations at the legislature or interfere with a strike picket line. McGowen said the federation will launch a constitutional challenge and called the legislation "fundamentally undemocratic." Constitutional and Indigenous rights lawyer and leader of the Alberta Liberal Party, David Khan ,

1376-583: The COVID-19 pandemic , but online solidarity rallies continued. On June 5, the BC Prosecution Service issued a statement saying that criminal contempt charges for 22 members of the Wetʼsuwetʼen Nation and their supporters would not be pursued. Additionally, Coastal GasLink issued a statement that they would not pursue civil contempt charges against the protesters. Three days of meetings between

1462-556: The Canadian Charter of Rights and Freedoms is five years, which is further reinforced in Alberta's Legislative Assembly Act . Convention dictates the premier controls the date of election and usually selects a date in the fourth or fifth year after the preceding election. Amendments to Alberta's Elections Act introduced in 2021 fixed the date of election to between the last Monday in May in

1548-613: The Election Finances and Contributions Disclosure Act . Senators , senators-in-waiting , members of the House of Commons , and criminal inmates are ineligible. The 30th Alberta Legislature was dissolved on May 1, 2023. The members-elect of the 31st Alberta Legislature were elected on May 29 . The first session of the first Legislature of Alberta opened on March 15, 1906, in the Thistle Rink , Edmonton, north of Jasper Avenue . After

1634-548: The Enbridge Northern Gateway Pipelines , and later also Coastal GasLink (planning for which began in 2012). The largest of those camps is Unistʼotʼen Camp , directly in the path of the pipeline, established in 2010 as a checkpoint, and has since added a healing centre. After TC Energy received its partners' go-ahead in November, it appealed to the Supreme Court of British Columbia to grant an injunction to stop

1720-701: The Port of Vancouver , Deltaport , and two other ports in Metro Vancouver for a number of days before the Metro Vancouver police began enforcing an injunction on the morning of February 10, arresting 47 protesters who refused to cease obstructing the port. Protests on February 15 over 200 people in Toronto blocked Macmillan Yard , the second largest rail classification yard in Canada. On February 16 and 17 temporarily blocked

1806-727: The Rainbow Bridge in Niagara Falls, Ontario and Thousand Islands Bridge in Ivy Lea, Ontario, two major border crossings between the United States and Canada. At the same time, Miꞌkmaq demonstrators partially blocked access to the Confederation Bridge , the sole road link to Prince Edward Island . On February 18, several activists were arrested for trespassing at BC Premier Horgan's residence. On February 24, demonstrators shut down

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1892-793: The Royal Canadian Mounted Police (RCMP) of British Columbia removed the blockades and CGL pre-construction work in the territory was completed. Subsequently, the blockades were rebuilt and Coastal GasLink was granted a second injunction by the BC Supreme Court in December 2019 to allow construction. In February 2020, after the RCMP enforced the second court injunction, removing the Wetʼsuwetʼen blockades and arresting Wetʼsuwetʼen land defenders, solidarity protests sprang up across Canada. Many were rail blockades, including one blockade near Tyendinaga Mohawk Territory which halted traffic along

1978-496: The University of Calgary who analyzed Bill 1 argued that it violates five different aspects of the Canadian Charter of Rights and Freedoms (the freedom of expression, freedom of peaceful assembly, freedom of association, the right to liberty, and the right to equality). Climate Justice Edmonton organizer Alison McIntosh was concerned that the law could have a negative impact on grassroots protest movements in Alberta. President of

2064-588: The freedom of the press . Union of British Columbia Indian Chiefs Grand Chief Stewart Phillip stated that "we are in absolute outrage and a state of painful anguish as we witness the Wetʼsuwetʼen people having their title and rights brutally trampled on and their right to self-determination denied." During the enforcement action by the RCMP, a large amount of advanced equipment was used, including heavily armed tactical teams, division liaison personnel, regular uniformed officers, canine units, helicopters, drones and snowmobiles, according to CBC News . On February 11,

2150-622: The AUPE; this was subsequently overturned by the Court of Appeal of Alberta - the Supreme Court of Canada then denied leave to the AUPE, on the basis that the organization lacked standing to challenge the law. This left the CIDA intact, without any express ruling on its constitutionality. Legislative Assembly of Alberta The maximum period between general elections of the assembly, as set by Section 4 of

2236-714: The CGL pipeline, and construction met with continued opposition from the Gidimtʼen Access Point and Unistʼotʼen groups during 2021. On September 25, 2021, Cas Yikh house and Gidimtʼen clan members erected new blockades on the Morice West Forest Service Road to block CGL's attempts to drill under the Morice River . These blockades included many solar-panelled tiny home structures, some of which were furnished and stocked with kitchens. Sleydoʼ (Molly Wickham), one of

2322-537: The CNR line west of Winnipeg additionally blocked the Canadian , the passenger rail route operated by Via Rail from Vancouver to Toronto. Protests disrupted multiple GO Transit rail services in Toronto, Hamilton and Exo 's Candiac line in Montreal. CPR rail lines were also disrupted in downtown Toronto and south of Montreal. The Société du Chemin de fer de la Gaspésie (SCFG) freight railway between Gaspé and Matapedia

2408-557: The Canadian and British Columbian governments recognize that those rights and title are held under the Wetʼsuwetʼen's own system of governance, and commits Canada and BC to a three-month process to craft a formal Affirmation Agreement that confirm aboriginal title as a legal right. It also establishes a twelve-month timeline for negotiation on jurisdiction including over land-use planning, resources, water, wildlife, fish, and child and family wellness. Further, it acknowledges that reunification of

2494-551: The EAO has found that the uptake in turbid water and other insufficient sediment control persists. The violations cited by the EAO have affected numerous waterways during construction, including 68 wetlands, and even disrupting Fraser Lake with turbid water. In addition to issues relating to the preservation of waterways, CGL has missed deadlines to protect plants and wildlife from construction, as well as leaving food in areas for natural predators to eat, creating further environmental risk for

2580-567: The Environmental Assessment Office (EAO) did not meaningfully account for the final report on Missing and murdered Indigenous women and girls (MMIWG), published in June 2019, as well as the pipeline company's long history of non-compliance with the EAO's own conditions and standards. The EAO's position was that there was no basis for judiciary review of their decision. In a decision published on May 20, 2021, Justice Norell found that

2666-692: The MOU throughout March. The MOU was ratified by the attendees of one meeting of the Laksilyu (Small Frog Clan). According to the hereditary chiefs, the Gilseyhu (Big Frog Clan) met once and endorsed the MOU, as did the Laksamshu (Fireweed and Owl Clan) and the Tsayu (Beaver Clan). The Gitdumden (Wolf and Bear Clan) met twice, but their third meeting was cancelled due to a death in the community. A planned all-clans meeting on March 19

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2752-509: The Office of the Wetʼsuwetʼen asked for a judicial review of the environmental approval for the pipeline. All parties issued statements on February 4 that the talks had broken down. On February 6, the RCMP began removing the blockades on Wetʼsuwetʼen territory, arresting 28 land defenders at camps along the route between February 6 and 9. All were released within two days. The RCMP also detained several reporters and were accused of interfering with

2838-508: The RCMP announced that the road to the construction site was cleared and TC Energy announced that work would resume the following Monday. After the hereditary chiefs made it a condition for talks with government, the RCMP closed their local office and moved to their detachment in Houston on February 22. Throughout February and March, solidarity protests and blockades were held across the world. Most in-person actions were halted in mid-March due to

2924-889: The RCMP began to take down the Wetʼsuwetʼen blockades, protests sprang up across Canada in solidarity with the hereditary chiefs and the land defenders. On February 11, protesters surrounded the BC Legislature in Victoria, preventing the traditional ceremonies around the reading of the Throne Speech by the Lieutenant Governor. Members of the legislature had to have police assistance to enter or used alternate entrances. Other protests took place in Hamilton , Nelson , Calgary , Regina , Winnipeg , Toronto , Ottawa , Sherbrooke , and Halifax . Several major protests blocked access to

3010-462: The Tsayu (Beaver Clan). These five clans' territory lies in the central western portion of British Columbia. The language spoken by the Wetʼsuwetʼen people is Babine-Witsuwitʼen , one of the Athabaskan languages . Their traditional government, predating Confederation, is a system of chiefs representing each clan, called the hereditary chiefs. The chiefs have been represented by the non-profit Office of

3096-745: The Wetsuweten since 1994, before having a joint office with the Gitxsan. The elected band councils were created by order of the Government of Canada, under the Indian Act , to govern the reserves put in place, of which the Wetʼsuwetʼen have several. According to hereditary chief Na’Moks (John Ridsdale), "it's the hereditary chiefs' duty to protect the territory". According to Na’Moks, the pipeline "is going along rivers, it will go over rivers and even in some instances, it will go under. One hundred and ninety kilometres of

3182-471: The Wetʼsuwetʼen and the stability of their land, as well as increased danger from predators in the area. The placement of CGL construction crews, including the existence of remote temporary lodgings for mostly male workers (known as man camps) also created more environmental issues, as well as safety issues for the Wet'suwet'en. The danger of man camps in increasing the risk of abduction and murder of indigenous women

3268-544: The Wetʼsuwetʼen hereditary chiefs and their supporters made their opposition to the project known and set up a camp directly in the path of the Enbridge Northern Gateway Pipelines , a path similar to that which would later be proposed for the Coastal GasLink Pipeline. Northern Gateway was officially rejected in 2016, but the CGL project moved through planning, indigenous consultations, environmental reviews and governmental reviews before being approved in 2015. However,

3354-571: The Wetʼsuwetʼen hereditary chiefs targeted railway lines for their demonstrations of solidarity. Near Belleville, Ontario , members of the Mohawks of the Bay of Quinte First Nation began a blockade of the Canadian National Railway rail line just north of Tyendinaga Mohawk Territory on February 6, causing Via Rail to cancel trains on their Toronto– Montreal and Toronto-Ottawa routes. The line

3440-450: The Wetʼsuwetʼen territory, the pipeline does not pass through reserves, only through traditional territory. The consortium developed its plans for the pipeline route in the early 2010s, securing the approval of several First Nations councils along the route, but did not secure the approval of the Office of the Wetʼsuwetʼen , the hereditary government of the Wetʼsuwetʼen people, although most of

3526-471: The Wetʼsuwetʼen territory. It applied for an extension of the injunction order as the land defenders had resumed blockading access after the pre-construction work was done. This injunction was extended by Judge Church of the BC Supreme Court on December 31. The extension included an order authorizing the RCMP to enforce the injunction. In her decision, Church stated: "There is a public interest in upholding

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3612-558: The agreement were not immediately released, because the MOU had to first be seen and ratified by the broader Wetʼsuwetʼen nation. However, all parties to the discussions made it clear that the agreement did not address the CGL Pipeline project. On March 10, Theresa Tait-Day, president of the Wetʼsuwetʼen Matrilineal Coalition (WMC), (who was stripped of the subchief name Wiʼhaliʼyte in the mid-2010s over her support of

3698-518: The amount of force used in the raid, including police snipers, helicopters, and over a dozen police vehicles. The RCMP set up a continuous presence along the road, setting up a local detachment called the Community Industry Safety Office. RCMP at this injunction have faced any protesters attempting to enter with arrest, causing the Wetʼsuwetʼen to remain in place along the road In December, TC Energy prepared to start construction in

3784-510: The approval of all the Wetʼsuwetʼen hereditary chiefs was never granted. In 2018, the backers of the pipeline project gave the go-ahead to the CA$ 6.6 billion project and it began construction. Access to the Coastal GasLink Pipeline construction camps in Wetʼsuwetʼen territory was blocked and the Coastal GasLink project was granted an injunction in 2018 to remove the land defenders . In January 2019,

3870-437: The assessment office had asked CGL to consider how indigenous nations would be involved in identifying and monitoring social impacts of the project, and deemed those comments to "not indicate a failure or refusal of the [assessment office] to consider the [MMIWG] inquiry report, but the opposite." As for the company's history of non-compliance, Justice Norell also disagreed that the EAO had not accounted for that, stating that "Both

3956-520: The basis for several solidarity protests, which have also objected to the actions and presence of the RCMP within the Wetʼsuwetʼen traditional territory (known in Babine-Witsuwitʼen as yintah ). Beginning in 2010, the Wetʼsuwetʼen hereditary chiefs and their supporters set up barricades and checkpoints along the Morice West Forest Service Road that provides access to the construction of pipeline projects that threatened their territory, originally

4042-578: The bill "political theatre", but noted that it had serious implications as "it will take years to challenge [bill 1] in our our courts–& meanwhile it puts a dangerous chill on Albertans' rights to express themselves & protest peacefully about important causes". Khan said that "existing laws (eg trespass laws) are more than sufficient to deal with protestors [sic] who get carried away or those who seek to take advantage of peaceful democratic protests to sow division & commit crimes". On June 23, 2020, The Alberta Union of Provincial Employees (AUPE) filed

4128-469: The bill's crosshairs". Smith further said that the law "is an attack on our freedom to take part in peaceful protests". Smith says "In the past month, we have pledged to stand in solidarity with indigenous Albertans and black Albertans and we have always stood hand-in-hand with our fellow workers across sectors". The union is concerned with the lack of clarity about what constitutes "critical infrastructure". The initial Queen's Bench decision found in favour of

4214-502: The blockade of its intended route through the Wetʼsuwetʼen territory. A temporary injunction was issued in December by BC Supreme Court Judge Marguerite Church to allow CGL pre-construction work. On January 7, the RCMP conducted a raid to enforce TC Energy's injunction, removing the barricades on the Morice Forest Service Road and arresting 14 of the Wetʼsuwetʼen land defenders . The RCMP faced criticism from protesters for

4300-450: The blockade was “severe” and would compound every hour the line was blocked, since it would take several days to deal with the backlog of goods created for customers. CN’s lawyer Adrian Elmslie argued that the Edmonton blockade was a serious safety issue, creating a situation in which dangerous goods could be improperly stored. CN was granted a 30-day injunction against the protesters. Nationwide blockades and rail delays were said to have had

4386-519: The building officially open. Louise McKinney and Roberta MacAdams were the first women elected to the assembly, in the 1917 election . They were also the first women in any legislature of the British Empire. The members-elect of the 31st Alberta Legislature were elected in the 31st Alberta general election held on May 29, 2023. Bold indicates cabinet members , and party leaders are italicized . The 31st Alberta Legislative Assembly

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4472-469: The company's environmental management plan. In December 2020, the provincial Environmental Assessment Office found that CGL had failed to properly comply with erosion and sediment control measures, a violation which posed a major risk to the health of the waterways the pipeline moves through. This environmental infringement also posed a high risk to fish habitats, according to reporting from CBC, with “sediment and turbid water from waterway construction [having]

4558-488: The consent of all of the Wetʼsuwetʼen hereditary chiefs. Only one of the nine sitting house chiefs, Samooh (Herb Naziel) supports the project. CGL Pipeline has taken many actions that contradict their own company's environmental guidelines, as well as those of the Canadian government. Over the course of the project's existence, the BC Environmental Assessment Office (EAO) has found multiple violations of

4644-431: The days after the new blockades went up, the RCMP removed two of them, arresting at least one person. In a November 2021 interview, Sleydoʼ said that RCMP had used abusive force to remove a Wetʼsuwetʼen protester who locked himself underneath a bus being used as a blockade. She said the man was "receiving ongoing medical care and has [nerve damage] in his hands" after being lifted by the legs and repeatedly slammed against

4730-424: The definition of essential infrastructure is "incredibly broad", the bill "criminalizes peaceful public protests/marches down city streets". Khan said that if "Bill 1 becomes law anyone participating in (or even helping organize) peaceful freedom of assembly/speech protests/marches on city streets (even on sidewalks!) for any reason could be arrested and charged and face $ 25000 in fines or six months in jail". He called

4816-585: The early hours of February 17, 2022, twenty masked attackers, some carrying axes, forced nine people to flee from a work site near Houston, British Columbia . They attacked and injured RCMP officers attempting to respond. Ellis Ross said "There were workers inside a truck while attackers were trying to light it on fire." Damage is estimated to be "in the millions of dollars" according to Coastal GasLink. The Wetʼsuwetʼen are an Indigenous nation made up of five clans including the: Gilseyhu (Big Frog), Laksilyu (Small Frog), Gitdumden (Wolf/Bear), Laksamshu (Fireweed) and

4902-486: The elected band councils of the Wetʼsuwetʼen First Nations did enter into a benefits agreement with TC Energy, the owner of the pipeline project. In 2014, British Columbia authorities approved the environmental assessment of the project, then approved permits to construct the project in 2015 and 2016. TC Energy was given final approval by its partners to begin construction of the project in 2018, still without

4988-432: The following day, calling on the agreement to be withdrawn, saying they weren't consulted properly. A further statement released on May 11 called once again for the agreement to be withdrawn so the elected governments could be consulted properly, and further calling for Minister Bennett to resign. The May 11 statement was not signed by Chief Sandra George of Witset or Chief Cynthia Joseph of Hagwilget . The draft agreement

5074-403: The fourth calendar year following the preceding election. Alberta has never had a minority government and an election as a result of a vote of no confidence has never occurred. To be a candidate for election to the assembly, a person must be a Canadian citizen older than 18 who has lived in Alberta for at least six months before the election and has registered with Elections Alberta under

5160-503: The frequency and nature of the non-compliances are addressed [in the statement of the environmental assessment certificate]" and further, that "the Evaluation Report concludes that: the non-compliance which had occurred had been addressed by the enforcement process; and CGL was committed to compliance, and had either rectified or was in the process of rectifying any non-compliance." The 2020 memorandum of understanding did not address

5246-589: The ground while his hands were clipped under the vehicle. Wetʼsuwetʼen Chief Dstaʼhyl confronted construction crews in October, disabling one of their excavators following numerous warnings. The excavator was recovered by CGL that afternoon. On November 18 and 19, RCMP dismantled the blockades and arrested 29 people including Sleydoʼ and two journalists. In February 2022, masked assailants threatened CGL workers and destroyed millions of dollars worth of equipment. No arrests were made. In September 2022, drilling equipment

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5332-460: The hereditary chiefs, Crown-Indigenous Relations Minister Carolyn Bennett and BC Indigenous Relations Minister Scott Fraser began on February 27 in Smithers, British Columbia . The RCMP agreed to stop all patrols on the Morice West Forest Service Road and to shut down their mobile detachment (CISO) during the meetings. In addition, Coastal GasLink agreed to suspend operations in the territory during

5418-538: The leaders of Gidimtʼen Access Point, claimed that the work near the river would disrupt her people's livelihoods as well as the salmon population. She called on supporters to join the new blockades. A Gidimtʼen Access Point press release called the Morice River "sacred headwaters that nourish the Wetʼsuwetʼen Yintah [territory] and all those within its catchment area". Coastal GasLink president Tracy Robinson issued

5504-421: The nation uses to hunt and gather resources – creating strain on the Wetʼsuwetʼen way of life. In response to the infractions of crews blocking Wetʼsuwetʼen territory, CGL spokesperson Natasha Westover said, “CGL has an obligation to facilitate access for Indigenous peoples to their traditional territories; however, that access may be delayed where it is unsafe [to] provide access immediately.” In

5590-512: The pipeline and suspected conflict of interest) released a statement that the proposed MOU was not inclusive of the entire community, saying "the government has legitimized the meeting with the five [sic] hereditary chiefs and left out their entire community. We can not be dictated to by a group of five guys [sic]." According to Tait-Day, "over 80 per cent of the people in our community said they wanted LNG [First Nations LNG Alliance] to proceed." Individual Wetʼsuwetʼen clans held meetings to review

5676-402: The potential to reduce the biological productivity of aquatic systems and suffocate fish eggs.” Despite the fact that CGL has many different strategies to move the pipeline through waterways safely — ranging from man-made trenches to funnel the pipeline through the waterways to " trenchless " crossings where the pipeline tunnels beneath the waterway without touching the stream or river itself —

5762-421: The prohibited activities. The law's definition of "essential infrastructure" includes: The law also "allow[s] regulations to expand the definition of essential infrastructure in the future if necessary" Under the law, individuals (without lawful right, justification or excuse) are prohibited from: Individuals prosecuted under this law may be subject to penalties as follows: Significant provisions: The law

5848-479: The proposed route will run through our territory. It threatens our water, our salmon, and our rights, our title, our jurisdiction". The pipeline would also go through areas of cultural significance to the Wetʼsuwetʼen. In 1997, the Supreme Court of Canada issued the Delgamuukw-Gisdayʼwa decision , which ruled that aboriginal title exists as an exclusive territorial right for indigenous people. The ruling

5934-413: The protest and it was a peaceful event. No arrests were made. In Edmonton, approximately 60 protesters marched along Jasper Avenue and 109 Street Friday on February 14. Police asked motorists to avoid the area if possible. One protester was taken into custody for allegedly blocking traffic, but was later released with no charges. In Edmonton on February 19, approximately 20 protesters set up a blockade along

6020-517: The rift between the hereditary leadership and the elected band councils is an essential part of the implementation of the MOU. On October 1, the Office of the Wet’suwet’en began a hearing in the BC Supreme Court. The Office of the Wet’suwet’en requested that the Court reject the province's decision to extend CGL's environmental certificate for five years. Lawyers for the Office of the Wet’suwet’en claimed

6106-414: The rule of law and restraining illegal behaviour and protecting of the right of the public, including the plaintiff, to access on Crown roads," and "the defendants may genuinely believe in their rights under indigenous law to prevent the plaintiff from entering Dark House territory, but the law does not recognize any right to blockade and obstruct the plaintiff from pursuing lawfully authorized activities." In

6192-463: The rule of law is upheld and the infrastructure that is critical to our province’s economy can continue to operate.” According to the Government of Alberta, the law was introduced "to protect essential infrastructure from damage or interference caused by blockades, protests or similar activities". The law defines essential infrastructure, lists activities regarding essential infrastructure that are prohibited, and introduces penalties for violating any of

6278-480: The site. All the blocked accounts had shared information about an online rally held on May 7 in support of the ongoing struggle against the construction of the CGL pipeline. When asked by organizers why the accounts had been suspended, a spokesperson from Facebook said, "our systems mistakenly removed these accounts and content. They have since been restored and we’ve lifted any limits imposed on identified profiles." Other First Nations, activists and other supporters of

6364-690: The site. On February 6, 2020, the Royal Canadian Mounted Police enforced a court-ordered injunction by arresting those blocking construction. In February and March solidarity protests sprang up all over the country and included blockades of a port in Vancouver , a rail line in Ontario , and commuter trails in Quebec . Instances of roads and bridges being blocked occurred in Calgary , Winnipeg , and Regina . Solidarity protests occurred in both Calgary and Edmonton , including

6450-769: The speech from the throne, the assembly held its sessions in the McKay Avenue School . In this school Alberta MLAs chose the provincial capital, Edmonton, and the future site for the Alberta Legislature Building: the bank of the North Saskatchewan River . Allan Merrick Jeffers , a graduate of the Rhode Island School of Design was the architect who was chosen to build the assembly building. In September 1912 Prince Arthur, Duke of Connaught and Strathearn , Governor General of Canada , declared

6536-403: The talks. RCMP and CGL work resumed on the territory once the meetings were complete. On March 1, Bennett, Fraser, and representatives of the Wetʼsuwetʼen, including hereditary chiefs and matriarchs announced a proposed memorandum of understanding (MOU) to address the Wetʼsuwetʼen land rights, title and a protocol for addressing any future projects impacting their territory. Specific details of

6622-554: The values that all law-abiding citizens share. This government is doing just that.” Minister of Justice and Solicitor General Doug Schweitzer echoed these sentiments: “Over the last number of weeks, Albertans have witnessed the level of economic damage that a small group of lawbreakers can cause through blockades and other illegal protests. Our government will not stand idly by and allow Alberta to be an economic hostage to illegal activity now or ever. The Critical Infrastructure and Defence Act will help protect our way of life by ensuring

6708-423: Was a vocal opponent of the law. He said that the bill "criminalizes Albertans' Charter rights of freedom of thought, belief, opinion [and] expression, peaceful assembly [and] association, whether expressing themselves or protesting on private or public land, including city streets & sidewalks." He believed the law to be unconstitutional in part because it is overly broad and not proportional. Khan said that because

6794-549: Was cancelled, for a variety of factors including concerns over the spread of COVID-19. On April 30, the hereditary chiefs made a joint statement with the provincial and federal governments that all five clans had agreed to ratify the MOU. However, the elected chiefs of five Wetʼsuwetʼen band governments ( Nee Tahi Buhn Indian Band , Skin Tyee Nation , Ts'il Kaz Koh First Nation , Wetʼsuwetʼen First Nation , and Witset First Nation ) released their own joint statement in response

6880-529: Was concerned that many Indigenous peoples would not be able to afford the steep fines associated with Bill 1 violations, and many could end up being jailed. She was concerned that the bill would serve to exacerbate the issue of already high incarceration rates among Indigenous peoples in Canada . Alberta Liberal leader David Khan , a constitutional and Indigenous rights lawyer, said that new law could interfere with Indigenous Peoples' rights to hunt, fish or gather on traditional land. A group of law professors from

6966-404: Was constituted after the general election on May 29, 2023 . The United Conservative Party , led by incumbent Premier Danielle Smith , formed the government with a reduced majority. The New Democrats , led by former Premier Rachel Notley , won the second most seats and formed the official opposition. 2020 Canadian pipeline and railway protests From January to March 2020,

7052-444: Was finally distributed to the elected band councils on May 7, to all other Wetʼsuwetʼen the following day, and finally it was published on the Office of the Wetʼsuwetʼen website on May 12. The MOU was signed by hereditary chiefs, Minister Bennett, and Minister Fraser on May 14 in a virtual ceremony via Zoom . The memorandum does not address the CGL Pipeline project, nor does it alter Wetʼsuwetʼen rights and title. The MOU states that

7138-521: Was in place, and CGL was preparing to drill under the river. Members of the Gidimtʼen Clan and residents of Unistʼotʼen Camp said that they were under constant surveillance. Protests on January 20 disrupted BC ferry service leaving from Swartz Bay, which is Victoria 's main ferry link to the BC mainland. BC ferries later obtained a preemptive injunction to prevent anticipated future demonstrations from blocking Vancouver–Victoria ferry service. Once

7224-498: Was made in an appeal of a Supreme Court of British Columbia decision, which had ruled against recognition of Wetʼsuwetʼen and Gitxsan land rights. The Supreme Court of Canada ruled that a new trial was warranted, but encouraged a negotiated settlement. The Wetʼsuwetʼen and Gitxsan then entered the treaty process with the BC government. However, the BC government's position that the Nations would only receive 4 to 6 per cent of their territory

7310-554: Was reported on in the final report of the National Inquiry into Missing and Murdered Indigenous Women , and the Office of the Wetʼsuwetʼen used this as evidence in their opposition to the extension of CGL's environmental certificate before the EAO in October 2020. The EAO stressed the importance of the issue but did not place it into evidence for the cancellation of the certificate. CGL construction teams obstructed Wetʼsuwetʼen access to traplines – paths and walkways

7396-468: Was unacceptable and the nations walked away from the process. Hence, the boundaries of the Wetʼsuwetʼen and Gitxsan nations' traditional territories are not yet recognized in Canadian law. In the absence of an agreement over aboriginal title and rights, the hereditary chiefs' position is that their full consent is required for any energy or resource projects within their territory, and the CGL does not have their consent. The rights and title issue has also been

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