History comes back to haunt in New Brunswick – by Devon Black (iPolitics Insight – October 21, 2013)

http://www.ipolitics.ca/

Hey, Canada. We need to talk. Specifically, we need to talk history – because too many of us don’t know about important parts of it. Without that history, it’s impossible to understand exactly what happened when the RCMP stormed First Nations protestors in Rexton, New Brunswick, last week.

First of all, let’s review what happened. In March 2010, SWN Resources Canada — a subsidiary of a Texas energy company — was granted a license to search one million hectares in New Brunswick. Since this summer, protesters — including members of the Elsipogtog (ell-see-book-toq) First Nation — have been fighting SWN’s plans to search for shale gas. To do that, they blocked access to SWN equipment.

SWN went to court to obtain an injunction against the protestors earlier this month. On Oct. 12, that injunction was extended to Oct. 21; hearings were due to be held on Oct. 18 on the possibility of extending the injunction further.

Instead, on Oct. 17, the RCMP stormed the protestors in full riot gear to enforce the injunction. Forty people were arrested, including Elsipogtog Chief Arren Sock. Protestors reported that the RCMP pepper-sprayed elders and fired rubber bullets. One protestor was so badly injured that he risks losing his leg.

That’s the recent history. Now, let’s go back a little further.

The government’s relationship with First Nations in New Brunswick is governed in part by the Peace and Friendship Treaties of 1760-1761. Those treaties aren’t just historical documents: The promises contained in them are protected by Section 35 of the Charter of Rights and Freedoms. The contents of those treaties are extremely important to understanding the Rexton protests.

Unlike later treaties signed with other First Nations in Canada, the Peace and Friendship treaties did not surrender First Nations’ rights to their land. As a result, the Mi’kmaq and Maliseet First Nations continue to claim title to their traditional territory — including the land on which the blockade occurred.

Title to the land is an issue, then. But even in cases where First Nations haven’t proved they have title to disputed land, the government still has a duty to consult with them and accommodate their interests. Elsipogtog protesters have maintained that the New Brunswick government hasn’t adequately consulted with them over SWN’s search for shale gas.

Too many Canadians don’t know this context; without it, the Rexton protests are much harder to understand. The protestors have demonstrated such persistence — and such frustration — because this looks like just one more example of the government failing to meet its duties to First Nations people. These protests aren’t just about fracking or a lower court injunction; they’re about the most basic agreements on which our country was founded, the most fundamental laws of our country.

For the rest of this article, click here: http://www.ipolitics.ca/2013/10/21/history-comes-back-to-haunt-in-new-brunswick/