Indigenous: Legal playing field tilted against First Nations in resource development battles, says new report – by Jorge Barrera (CBC News Indigenous – October 29, 2019)

https://www.cbc.ca/news/indigenous/

Canada’s legal landscape continues to be heavily in favour of corporations when it comes to court injunctions during conflicts with First Nations over resource development, according to a report released Tuesday by an Indigenous-led think-tank.

The report by the Yellowhead Institute, based out of Ryerson University in Toronto, says corporations are vastly more successful than First Nations in obtaining injunctions. The report, called Land Back: a Yellowhead Institute Red Paper, delves into the ongoing struggle between Canada and First Nations over lands and resources.

The most recent conflicts have played out in court cases around the Trans Mountain oil pipeline expansion project and the Coastal GasLink natural gas pipeline project in northern B.C. earlier this year.

Injunctions are the most prominent legal tool used to trigger police action against First Nations opposition to resource development projects. The Yellowhead report says corporations were successful 76 per cent of the time when filing for an injunction against First Nations opposition to resource development projects.

Meanwhile, First Nations had an 81 per cent failure rate when trying to obtain injunctions against corporations to stop resource development projects on their territories, according to the study.

For the rest of this article: https://www.cbc.ca/news/indigenous/yellowhead-institute-report-resource-injunctions-1.5338902