by Deep Green Resistance News Service | Mar 1, 2018 | Biodiversity & Habitat Destruction
Featured image: A single mom with seven calves who she is caring for. More than likely, only one of these calves are hers, and the rest of these babies are buffalo she adopted after their mothers were killed by hunters. BFC photo by Stephany Seay.
by Stephanie Seay / Buffalo Field Campaign
It’s just below zero as we trek through freshly fallen snow on an unusually windless early morning, in the high hills above the Gardiner Basin. Taking advantage of the calm air that won’t rock our scopes and cameras, our patrol is on the way to a lookout spot high above Yellowstone’s Stephens Creek buffalo trap. The trap is miles away. The spot we’re at is one of the few places that we can see even a far-away glimpse into the industrial size monstrosity that has entrapped more than 450 of the gentle giants in the past couple of weeks. Yellowstone initiates a massive seven-mile public closure around their trap, obviously wanting to hide the horrible things they are doing to this sacred species, our national mammal. On our way to the lookout, our footsteps squeaking through the freezing cold snow, one of our crew shouts out, “wolves!” We all stop dead in our tracks. To the south of us, we can hear them, the beautiful, haunting serenade of a wolf pack, singing blessing songs to the morning, or, more like mourning songs to the travesty unfolding before us. The wolves know. We get to the lookout spot and it’s as bad as we thought: hundreds of buffalo in the trap, huddled together, eating hay rations, trapped on death row. Four park wranglers on horseback, and a white SUV are coming into the northernmost paddock of the trap which holds approximately 60 of the country’s last wild buffalo. This paddock is the veritable end of the line before the buffalo go in even deeper, to places they will never return from.
“Genocide,” our Blackfeet brother says. We nod in agreement. The U.S. Government continues the systematic destruction of the sacred buffalo, and for the same reasons, too. Only, these days, instead of Buffalo Bill and Wild Bill Cody, they call it “management” and the killers are the so-called guys in green: Yellowstone National Park. Donning buffalo on their uniform badges, they are the very ones who are obligated to protect the buffalo — the buffalo who are the main reason this park even exists, that people even come here. These “caretakers” are facilitating all of the trapping and most of the killing. As we watch through our scopes and binoculars, eyes teary from the blistering cold, or the pain in our hearts, the wranglers go in for the attack. It’s just another day in the park. Frantic, the sixty buffalo run away from the wranglers, but the only path open to them is the dark corridor that leads into the labyrinth of the trap, towards the bull pen and the squeeze chute, towards the end of freedom and family, into the tiny holding pens where they will spend their last hours in feces and fear, before being loaded onto livestock trailers headed for the slaughter house. The mournful howling continues. The wolves know. We join in.
A bird’s-eye view of Yellowstone’s Stephens Creek buffalo trap. The massive closure is an attempt to keep the public from seeing what Yellowstone is doing. BFC photo by Stephany Seay.
Anticipating shipments to slaughter, the next morning we rise even earlier to get our sites on the trap before the trailers arrive. We are well ahead of schedule. Our presence, our vigilance is the only way for anyone to know what is taking place here, for anyone to know what is really happening to the buffalo. Once posted up, we send one patrol high into the hills for an even better birds-eye view. Even so, both lookouts rely on the powerful magnification of spotting scopes to see anything, and tiny-dot-anythings at that. With the naked eye, the trap and it’s happenings are hardly visible at all. The trap is so strategically located that Yellowstone’s shame and desire for secrecy are apparent. Just before dawn, multiple vehicles start arriving to the trap. The unmarked rigs of the wranglers, a few park service law enforcement officers, Yellowstone’s bison biologist, Rick Wallen, and others, get ready for another day of wild buffalo abuse. Then the stock trailers show up, flanked by law enforcement escorts. It takes less than an hour for them turn wild buffalo from sacred, free-born beings into “pounds on the hoof” headed for the slaughter house.
2018 03 01 03 003 Update3 Buffalo Field Campaign Stephany Seay 2018 800 Two stock trailers drive through Yellowstone, and groups of buffalo, taking buffalo who were captured at Yellowstone’s facility to slaughter on Wednesday morning. BFC photo by Stephany Seay.
The dominant culture — not even those who might care — can’t bear to look into the face of the reality of its actions. It views the human supreme; born out of a cold arrogance lusting for control, enabling the conversion of the living into the dead for profit. Forgetfulness, mindlessness – “with guns and laws and truth that lies” – help grease the gears of the machine; numbness is the key to conducting wildlife “management.” It is said that once you see, you cannot unsee. A self-inflicted blindness enables it —to see would break their hearts and force their souls wide open. So, with brutal efficiency, the government workers keep their blinders on, do their jobs, and hold fast to the agreed upon Interagency Bison Management Plan.
Approximately 450 wild buffalo have been captured in Yellowstone’s trap, and nearly 250 have been killed by hunters just across Yellowstone’s boundary. By Yellowstone and Montana’s own standards, the middle-end of their 600-900 kill quota — in place to appease Montana’s cattle interests — has already been met. After the last few weeks of extremely unsavory ‘hunting’ along Yellowstone’s north boundary, very few hunters have come to kill buffalo this week. Many have left here utterly disgusted, vowing never to participate in such a slaughter again.
With their enormous, shaggy heads, buffalo face into a storm. We have much to learn from our relatives, the buffalo. BFC photo by Stephany Seay.
Before and after bearing witness to this insanity, we are reminded of the real reason we are here. Other buffalo, who were not in the trap, gave us the gift of remembering and connection, the honor of being in their presence and living in the moment. They help us remember who we are fighting for — and with — and why. The buffalo help us connect with their humbling ancient wisdom; a truth so incredibly sacred because of its gentle simplicity and rightness.
The blizzard came in quick and heavy, and the buffalo moved right along with it as they always do. With their heads into the storm, grazing and walking, sparing and goofing around, they look up at us for moments with the eyes of god, the faces of ghosts, awakening memories of ages past and future potentials. Still here. Still present. Still doing what they have always done since buffalo time began. Where they walk, ravens feast on the gut piles of their recently killed relatives, strewn across the landscape at Beattie Gulch, a beautiful place that has become synonymous with death. And, yet, the buffalo still come, still offer life, staying among the living. Obstacles be damned. These ancient beings have survived Ice Ages; now the question is: can they survive the U.S. government? In the joy of sharing time and place with the buffalo, in our pain and anger fueled by management plans, being in the company of friends both human and buffalo recognizing each other, committing to each other again; in our solidarity among our comrades we understand that all of these things come from love. Profound love. The buffalo and their wildness, their teachings of sorrow and joy, their obligation to the earth, and ours to them. These realities keep awake our spirits, reaffirm and strengthen our vow: yes, you will survive, and we will give ourselves to make sure of it; fighting for you, along side you.
by Deep Green Resistance News Service | Feb 22, 2018 | Repression at Home
Featured image: On August 31, 2016, “Happy” American Horse from the Sicangu Nation locked himself to construction equipment as a direct action against the Dakota Access pipeline. Credit: Desiree Kane, CC BY 3.0
by Steve Horn / DeSmog
On the heels of Iowa and Ohio, Wyoming has become the third state to introduce a bill criminalizing the type of activities undertaken by past oil and gas pipeline protesters.
One of the Wyoming bill’s co-sponsors even says it was inspired by the protests led by the Standing Rock Sioux Tribe against the Dakota Access pipeline, and a sheriff involved in policing those protests testified in support of the bill at a recent hearing. Wyoming’s bill is essentially a copy-paste version of template legislation produced by the conservative, corporate-funded American Legislative Exchange Council (ALEC).
At the organization’s December meeting, ALEC members voted on the model bill, the Critical Infrastructure Protection Act, which afterward was introduced in both Iowa and Ohio.
Like the ALEC version, Wyoming’s Senate File 74 makes “impeding critical infrastructure … a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than one hundred thousand dollars ($100,000.00), or both.” Two of the bill sponsors of SF 74, Republican Sens. Eli Bebout and Nathan Winters, are ALEC members. SF 74 has passed unanimously out of its Senate Judiciary Committee and now moves onto the full floor.
ALEC‘s model bill, in turn, was based on two Oklahoma bills, HB 1123 and HB 2128. The Sooner State bills, now official state law, likewise impose felony sentencing, 10 years in prison, and/or a $100,000 fine on individuals who “willfully damage, destroy, vandalize, deface, or tamper with equipment in a critical infrastructure facility.” As DeSmog has reported, the Iowa bill has the lobbying support of Energy Transfer Partners — the owner of the Dakota Access pipeline (DAPL) which runs through the state — as well as that of the American Petroleum Institute and other oil and gas industry companies.
ALEC brings together primarily Republican Party state legislators and lobbyists to enact and vote on “model” legislation at its meetings, which take place several times a year. Within different task forces at these meetings, corporate lobbyists can voice their support or critiques of bills, while also getting a vote. Those bills often then are introduced as legislation in statehouses nationwide, as in this latest example in Wyoming.
Hydraulic fracturing (“fracking”) in Wyoming has helped the state vastly increase its natural gas production and spurred pipeline build-out. However, multiple studies in recent years have also linked fracking-related activities around the small town of Pavilion to groundwater contamination.
Image: Center for Media and Democracy
Targeting ‘Ecoterrorism’
Wyoming’s bill, like the ALEC model bill and one of the Oklahoma bills, includes language implicating any organization “found to be a conspirator” and lobbing a $1 million fine on any group which “aids, abets, solicits, encourages, hires, conspires, commands, or procures a person to commit the crime of impeding critical infrastructure.”
State Senate Judiciary Committee Chairman Leland Christensen, a Republican and one of the bill’s co-sponsors, said when he introduced the bill that legislative language was needed to hold accountable those “organizations that sponsor this kind of ecoterrorism.”
The fiscal note for the Wyoming bill says that the “fiscal impact to the judicial system is indeterminable,” while also discussing the prospective costs of incarcerating people under the auspices of the legislation.
“The Department of Corrections states that the impact of the bill is indeterminable as there is currently no way to accurately estimate the number of offenders that will be sentenced pursuant to the bill,” reads the fiscal note. “Each year of incarceration currently costs the state approximately $41,537 per inmate, including medical costs. Each year of community supervision costs the state approximately $2,000 per inmate.”
ALEC Model Confirmed
One co-sponsor of the Wyoming bill, its sole Democratic supporter, Rep. Stan Black, told WyoFile.com that the bill was inspired by what took place at the Standing Rock Sioux Reservation and that SF 74 was based on the ALEC model bill.
Shortly after ALEC members voted to adopt the Oklahoma legislation as a model bill, Oklahoma’s HB 1123 was also adoptedby the corporate-funded Council of State Governments (CSG) as a piece of “Shared State Legislation” (SSL) at its own annual meeting held just a week later.
One of the state legislative officials sitting on CSG‘s Committee on Shared State Legislation, North Dakota’s Republican Rep. Kim Koppelman, has a long history of involvement with ALEC, and throughout 2017 he spoke critically of the Indigenous-led movement against the Dakota Access pipeline.
ND Rep. Kim Koppelman; Photo Credit: North Dakota Legislature
“One of the major issues we dealt with was several bills introduced in response to the violent protests at the site of the Dakota Access pipeline,” Koppelman wrote in a February 2017 article halfway through the North Dakota Legislature’s session. “As you may know, peaceful protests led by Native American tribes began this summer but they attracted others from throughout the nation and deteriorated into illegal occupation of sites on federal land, trespassing on private land, blocking of roadways and some incidents of violence.”
At the beginning of 2017, Koppelman co-sponsored three pieces of North Dakota legislation, which crack down on pipeline protests. Two of them passed and are now state law.
The bills “struck a good balance to ensure everyone’s constitutional right to peacefully protest, which we cherish, but to provide for appropriate consequences when anyone crosses the line into anarchy, terrorizing or destruction of property,” wrote Koppelman in his article. “These bills have been fast tracked to give law enforcement the tools they need.”
After DeSmog filed an open records request pertaining to Koppelman’s ALEC and CSG efforts in this area, he told DeSmog, “I have no documents or records concerning the subject of your request but, even if I did, you should be aware that, under North Dakota Century Code Section 44-04-18.6, communications and records of a member of the North Dakota Legislative Assembly are not subject to disclosure.”
In a follow-up email exchange, Koppelman told DeSmog that he “had no role in bringing the bill” to CSG and does not know who did so.
“Frankly, I don’t even specifically recall the bill you’ve inquired about, without going back to review it,” Koppelman told DeSmog. “I also don’t recall who may have supported or opposed it at that meeting, either on the Committee or among the members of the public in the audience.”
For the ALEC bill, Koppelman also said he could not speak to its origins as a model or who has pushed it at the state-level since becoming a model. When asked by DeSmog if CSG records the Shared State Legislation meetings or keeps minutes, Koppelman said that he does not believe so “because the result of meetings and the committee’s work is in the published volume” of Shared State Legislation which CSG disseminates annually.
CSG has in the past, though, kept meeting minutes of its SSL voting sessions, doing so as recently as 2014. Those minutes included an attendance list, which listed nearly three times the number of lobbyists present as state legislators and showed industry attendees representing both the American Gas Association and the Consumer Energy Alliance.
According to a letter obtained and published by HuffPost, the ALEC model bill has also enjoyed the backing of the American Gas Association, American Chemistry Council, American Fuel & Petrochemical Manufacturers (AFPM), and Marathon Petroleum.
Industry, Cops Push ALEC Bill in Wyoming
According to a follow-up story by WyoFile.com, the Wyoming Senate Judiciary Committee had Wyoming Business Alliance lobbyist Cindy DeLancey, rather than the lead sponsor, Sen. Christensen, introduce the bill in front of the committee.
Before taking over as head of the Wyoming Business Alliance, DeLancey worked as a director of government and public affairs for BP, where she did “government and public affairs support for the Leadership Team of the Lower 48 North Business Unit,” according to her LinkedIn profile. DeLancey’s Wyoming Business Alliance biography also shows that she formerly served as the chair of the Petroleum Association of Wyoming’s Government and Public Relations Committee. She did not respond to a request for comment.
Wyoming Business Alliance steering committee members include representatives from the Petroleum Association of Wyoming, Chesapeake Energy, Devon Energy, and Jonah Energy. Petroleum Association of Wyoming leadership committees consist of representatives from companies such as Devon Energy, Chesapeake Energy, BP, Anadarko Petroleum, and other companies, while its board of directors lists officials from those companies, plus ExxonMobil, EOG Resources, Halliburton, Williams Companies, and others.
WyoFile.com has reported that, according to a document received from Sen. Christensen, the Petroleum Association and other oil and gas companies have also come out as official supporters of the bill, along with law enforcement representatives. The Wyoming bill’s official backers include the Wyoming Association of Sheriffs and Chiefs of Police, the Wyoming Business Alliance, the Petroleum Association of Wyoming, the Wyoming Petroleum Marketers Association, American Fuel and Petrochemical Manufacturers (AFPM), Holly Frontier Corporation, Anadarko Petroleum, and ONEOK.
According to a special events calendar obtained by DeSmog, the Wyoming Business Alliance hosted a reception at the Cheyenne Botanic Gardens on February 12, just days after Wyoming bill SF 74 was introduced on February 9.
On March 1, ALEC will also host a reception at the Nagle-Warren Mansion Cheyenne, according to that calendar, with invited guests asked to RSVP to Wendy Lowe or David Picard. Picard currently has no oil and gas industry lobbying clients, according to his lobbying disclosures, but his lobbying firm’s website says he formerly did so for companies such as Shell, BP, and Marathon. He did not respond to a request for comment for this story.
According to lobbying disclosure forms, Lowe works as a lobbyist for Williams Companies, a major pipeline company with over 3,700 miles of pipeline laid in Wyoming. Lowe also formerly served as associate director of the Petroleum Association of Wyoming, according to her LinkedIn Profile.
Credit: Wyoming State Legislature
Lowe, the private sector chairwoman for ALEC in Wyoming as of 2014, won the state chair of the year award from ALEC in 2012. She has also previously received corporate-funded “scholarship” gifts to attend ALEC meetings as an official Wyoming representative, according to a 2013 report published by the nonprofit watchdog group Center for Media and Democracy.
An ALEC newsletter from May 2011 shows that, at an ALEC event Lowe co-hosted in 2011 in Wyoming, she praised the organization for “creating a unique environment in which state legislators and private sector leaders can come together, share ideas, and cooperate in developing effective policy solutions.”
The Center for Media and Democracy also reported in 2014 that Lowe, a former Peabody Energy lobbyist, gave a presentation titled, “Increasing Travel Reimbursement Income” at an ALEC meeting in Chicago in 2013. But Lowe told DeSmog that, although she attended the Senate hearing on the bill, she did not know about it until it was proposed and is not lobbying for it.
National Sheriffs: DAPL Full Circle
At a state Senate Judiciary Committee hearing on the Wyoming bill, Laramie County Sheriff Danny Glick also came out in support of the legislation, warning that a situation similar to Standing Rock could happen in Wyoming.
“One of our Niobrara county commissioners already has graffiti going up — ‘No DAPL’ — in that area up there,” Glick said at the hearing, referring to the shorthand for the Dakota Access pipeline. Glick, an Executive Committee member and Immediate Past President of the National Sheriffs’ Association, was one of the most supportive sheriffs pushing what has been characterized as a heavy-handed and militaristic reaction by law enforcement to the activism at Standing Rock.
Under the direction of Glick, Laramie County sent officers to the Dakota Access protests under the auspices of the Emergency Management Assistance Compact (EMAC), triggered after North Dakota’s Republican Governor Jack Dalrymple issued an emergency order on August 19, 2016. Glick too, spent time at Standing Rock and spoke at a press conferencealongside Morton County Sheriff Kyle Kirchmeier on October 6, 2016.
Laramie County Sheriff Glick. Credit: National Sheriffs’ Association Facebook Page
Glick, who attended a roundtable meeting at the White House in February 2017 with President Donald Trump and other sheriffs, was also previously CC‘d on a set of emails obtained by DeSmog and Muckrock in which the National Sheriffs’ Association and public relations firms it had hired wrote talking points in an attempt to discredit those who participated at Standing Rock. Those talking points said to describe the anti-pipeline movement as rife with “anarchists” and “Palestinian activists” who used violence and possessed “guns, knives, etc.”
‘Worst Instincts of Power’
Critics say the Wyoming bill could have far-reaching and negative impacts, if it becomes law, both in terms of criminal sentencing and for First Amendment rights. The American Civil Liberties Union of Wyoming, for example, has come out against the bill on both grounds.
The Sierra Club in Wyoming agreed, saying in an email blast that the bill is “explicitly designed to crush public opposition to projects like the Dakota Access and Keystone pipelines, by preventing the kind of protests that occurred at Standing Rock.”
Even people representing industry interests and within the Republican Party have come out against the bill as it currently reads.
“This bill appeals to the absolute worst instincts of power,” Larry Wolfe, a Wyoming attorney who represents the oil and gas industry, said at a hearing about the bill, according to WyoFile.com. “We the powerful must protect things that are already protected under existing law.”
Republican Senator Cale Case largely echoed the concerns put forward by Wolfe.
“This country has been through WWII, civil unrest in the 1960s and a heck of a lot more, but we didn’t need legislation like this,” Case conveyed in an email to WyoFile.com. “Good laws already exist to protect property without this chilling impact on free speech.”
by Deep Green Resistance News Service | Feb 5, 2018 | Movement Building & Support
Editor’s note: This article was roughly transcribed from the video found here.
by Max Wilbert / Deep Green Resistance
Many of you have probably experienced this phenomenon.
You’re at a protest or a direct action or a rally, and people are out in force. The police show up, and they are highly prepared compared to the activists. They are wearing specialized boots and equipment belts with encrypted communication radio devices, handcuffs, pepper spray, flashlights, handguns. They may have specialized gloves, high-performance clothing, and are wearing body armor. Most of them have face protection or at least sunglasses, and sometimes they may have shields as well.
They also have the skills to use this equipment, to do “crowd control,” first aid, and other things that are useful in the conflict setting.
They are ready to move and react in any direction.
In contrast, most activists, organizers, and everyday people who show up to conflict zones don’t have similar equipment or skills. Most people are out there in cotton t-shirts, jeans, impractical shoes, and so on. We’re not prepared to take action, and as a result the outcomes are predictable. Often, law enforcement literally herds us like sheep.
This reflects the different mindset that activists tend to have. We don’t approach these conflicts as if they are as serious as we should.
We are living in a war. This culture is waging a war on the planet, it’s waging a war on the poor, a war on women, a war on people of color, indigenous communities, nonhumans, and so on. It’s a war for control of resources, and it’s been a slaughter for 500 years and more.
One of the reasons it has been a slaughter is this lack of preparation, skills, materials, equipment, and training.
Some of you may be familiar with the work of Sakej Ward, an indigenous warrior from the Mi’kmaq Nation. He has been involved in providing trainings to resistance groups for years, and one of the things that is excellent about his work is the focus on skills and equipment.
We underestimate the importance of this at our own peril.
Right now, most of us don’t know what we are capable of. Without the rights skills and equipment, even the possibility of conducting more serious, risky—and effective—actions seems like a fantasy. We can barely even consider these possibilities.
When a member of the resistance has skills and equipment, a whole range of new possibilities opens up. We need to be prepared to use stealth, to move through rough terrain, to take care of our comrades when they are injured, to evade searches.
We also need to make ourselves less dependent on the system. This includes simple things like carrying water and food with you in your daily life, and especially at actions. We need to be prepared to take care of ourselves and be independent. This enables us to take advantage of fleeting opportunities, navigate emergencies, and to be more effective than we are now.
In short, it gives us freedom to act.
Unfortunately, our best examples of this type of mentality come from the military and police. However, they’re winning. Perhaps we can learn something from them.
We need to be thinking:
- How can we get more independent from the system?
- How can we get the skills that we need to be effective in taking action?
- What equipment do I need?
- How can I always be prepared?
Every activist should consider these questions and begin to answer them in their own context to be able to navigate conflicts now and in the future.
Deep Green Resistance members are working to provide skills and training to our members and to the broader community of activists, eco-warriors, and revolutionaries via outreach and a series of trainings. The next such training takes place in June 2018 at Yellowstone National Park. More information here.
by Deep Green Resistance News Service | Dec 29, 2017 | Repression at Home
Featured image: Woodland Cree Tribe Walk protest, January 2017. By Joel Angel Juarez/Zuma Press/PA Images. Indigenous nations have emerged as vocal defenders of land and water, but state surveillance of these groups is disproportionate, and speaks of the broad criminalisation of Indigenous peoples.
by Lex Gill and Cara Zwibel / openDemocracy
Researchers and journalists have begun to reveal the extent to which Indigenous activists and organisations in Canada are subject to surveillance by police, military, national security intelligence agencies and other government bodies. While security agencies have long looked beyond ‘traditional’ national security threats and set their sights on activists – even in the absence of evidence linking these individuals or organisations to any violent criminal activity – this reality is increasingly the subject of media and public scrutiny. As Jeffrey Monaghan and Kevin Walby have written, the language of “aboriginal and multi-issue extremists” in security discourse blurs the line between threats to national security, matters of ordinary law enforcement, and lawful, democratic advocacy.
In this piece, we summarise some of what is known about the surveillance practices employed to keep tabs on Indigenous leaders and activists, and describe their impact on Charter-protected and internationally recognised human rights and freedoms.
Indigenous nations and peoples have emerged, worldwide, as vocal defenders of land and water, organising to protect ancestral territories and ways of life. In Canada, while aboriginal and treaty rights are constitutionally recognised and affirmed, the interpretation of those rights is highly contested and a matter frequently before the country’s highest court. Indigenous activists and organisations in Canada have led popular resistance to the development of new oil and gas pipelines, hydroelectric dams, mining operations, and other extractive industries that have significant environmental impact and which frequently encroach on Indigenous territories.
This resistance – with tactics ranging from peaceful protest and strategic litigation to the establishment of creative action camps and blockades – has frequently been met with a forceful police response. Through diligent research and investigative reporting, a pattern of extensive surveillance of these activities has also emerged – implicating law enforcement, intelligence agencies and numerous other government bodies.
The pattern of surveillance against Indigenous activists and organisations… can be characterised as disproportionate and alienating
Both freedom of expression and assembly are guaranteed under the Canadian Charter of Rights and Freedoms, which forms part of the Canadian constitution. The freedom from unreasonable search and seizure – which provides constitutional protection for privacy – is also guaranteed. The law recognises certain limits to these rights, provided they further a compelling government objective and are proportionate to that objective. However, the pattern of surveillance against Indigenous activists and organisations that has emerged in Canada is one that can clearly be characterised as disproportionate and alienating, with no evidence that it is necessary. Though these operations are inherently covert, Indigenous activists, researchers and human rights advocates have begun – largely through access-to-information requests – to piece together a clearer picture of the ways in which this surveillance takes place. Below, we discuss surveillance of individual leaders, surveillance of communities and movements, and how the agencies and departments that gather information use and share it.
Idle No More protest. Image: Daniela Kantorova/Flickr. Some rights reserved.
Government agencies have engaged in surveillance and information-gathering activities focused on Indigenous leaders and activists. Take for example the case of Dr. Cindy Blackstock, who is a Gitksan activist for child welfare, the Executive Director of the First Nations Child and Family Caring Society of Canada, and a Professor of Social Work at McGill University. Dr. Blackstock’s organisation (along with the Assembly of First Nations) had sought justice at Canada’s Human Rights Tribunal regarding the federal government’s failure to provide equal funding for services for First Nations children, youth and families living on First Nations reserves. Access to information requests revealed that between 2009 and 2011, Dr. Blackstock was subject to extensive monitoring by Indigenous and Northern Affairs Canada (INAC) – the government department responsible for Indigenous issues — and the Department of Justice. Officials monitored her personal and professional activities on Facebook and attended between 75 and 100 of her public speaking engagements, taking detailed notes and widely distributing reports on her activities. In 2013, Canada’s Privacy Commissioner found that by engaging in this personal monitoring – which was unrelated to her professional activities or her organisation’s case against the government – the Department of Justice and INAC had violated Dr. Blackstock’s privacy rights.
Similarly, Dr. Pamela Palmater is a Mi’kmaq lawyer, member of the Eel River Bar First Nation, and an Associate Professor and Chair in Indigenous Governance at Ryerson University. Following public revelations that Dr. Cindy Blackstock was being monitored by the government, Dr. Palmater made access to information requests to INAC, the Canadian Security Intelligence Service (CSIS – Canada’s national spy agency), the Royal Canadian Mounted Police (RCMP – Canada’s national police force), and the federal Department of National Defence (DND). While many of the records sought were legally exempt from disclosure, Dr. Palmater noted that some portions of her request to CSIS were exempt under section 15(1)(c) of the Access to Information Act as relating “to the efforts of Canada towards detecting, preventing or suppressing subversive or hostile activities.” In a statement to the Public Safety Committeeof the House of Commons related to its study of Bill C-51 (Anti-Terrorism Act, 2015) Dr. Palmater stated that INAC also admitted to having 750 pages of documentation on her activities and whereabouts, but had destroyed the files before they had the opportunity to give them to her.
Clayton Thomas-Muller’s case provides another example. Mr. Thomas-Muller is a member of the Mathias Colomb Cree Nation and a former Idle No Moreorganiser. The Aboriginal Peoples Television Network (APTN) National News obtained documents from criminology professor Dr. Jeffrey Monaghan demonstrating that in 2010 and 2011, information about Thomas-Muller (who was at the time a member of the Indigenous Environmental Network (IEN)) had made its way into the RCMP’s Suspicious Incidents Report (SIR) despite acknowledgement that there was no specific criminal threat at issue: Thomas-Muller was simply planning a trip to the Wet’suwet’en action camp against the Northern Gateway pipeline. The report was referred for inclusion in the SIR on the basis that IEN was an ‘extremist’ group, although the basis for this characterisation, or how the group was designated as such, is not known.
Surveillance of communities and movements
The records detailing monitoring of individual activists and leaders speak to a larger pattern of surveillance against non-violent dissent, Indigenous-led social movements and their allies. As APTN reported in relation to the documents referring to Thomas-Muller, RCMP records also listed a number of groups as “involved persons,” including “the Defenders of the Land, Direct Action in Canada for Climate Justice, Ontario Public Interest Research Group, Ruckus Society, Global Justice Ecology Project, Sea to Sands Conservation Alliance, Canadian Youth Climate Coalition, the Indigenous Action Movement and the Wet’suwet’en Direct Action Camp.” In 2014, the British Columbia Civil Liberties Association (BCCLA) filed complaints against both the RCMP and CSIS, alleging unlawful surveillance against opponents of Northern Gateway that included many of the same organisations. While the Civilian Review and Complaints Commission for the RCMP launched an independent investigation, the Security Intelligence Review Committee (SIRC) (the body responsible for CSIS oversight) instead held a series of secret hearings. They issued a decision in 2015, but barred the BCCLA from speaking about the outcome. The BCCLA has since applied for judicial review of this decision.
Just last month, documents obtained by VICE News demonstrate that the RCMP surveilled Indigenous activists who constructed a Tipi on Parliament Hill as part of Idle No More’s Unsettling Canada 150, a campaign coinciding with 150 years since Canadian confederation. Idle No More has come under government scrutiny on other occasions: in 2015 documents obtained by APTNconfirmed that Aboriginal Affairs and Northern Development (AAND, now INAC) shared information about peaceful protests led by the group with Canada’s spy agency, the Canadian Security Intelligence Service (CSIS), and passed on information about meetings between government and First Nations leaders to the Integrated Terrorism Assessment Centre (ITAC), the Royal Canadian Mounted Police (RCMP) and others.
The Government Operations Centre (GOC) called an emergency teleconference… and widely circulated a spreadsheet detailing these solidarity events
In 2013, an RCMP raid on a Mi’kmaq-led anti-fracking camp in Elsipogtog, New Brunswick triggered a heated confrontation and dozens of arrests. Documents revealed that the Canadian Forces National Counter-Intelligence Unit was also involved in monitoring the situation at Elsipogtog. In response to the raid, activists took to social media, calling for peaceful solidarity actions to take place in the following days. APTN revealed that the Government Operations Centre (GOC) called an emergency teleconference with a long list of federal departments and widely circulated a spreadsheet detailing these solidarity events. It included such events as “a jingle-dress healing dance in Kenora, Ont., a prayer ceremony in Edmonton and an Idle No More ‘taco fundraiser, raffle and jam session’ planned at the Native Friendship Centre in Barrie.”
Image: Brendan Bombaci/Flickr. Some rights reserved.
The surveillance and monitoring of Indigenous communities and movements is in no way confined to the examples noted above. In 2011, the Toronto Starreported that a distinct Joint Intelligence Group (JIG) of the RCMP was formed specifically to monitor the activities of Aboriginal groups in 2007. While the unit was “dismantled” in 2010, the RCMP would not confirm whether the same activities were taking place under another name or program. Documents revealed that as of 2009, their activities focused on 18 “communities of concern,” flagged largely for their opposition to logging, mining or pipeline projects.
Journalists noted that the JIG reported on a weekly basis to approximately 450 recipients, including “unnamed ‘industry partners’ in the energy and private sector,” highlighting a potentially troubling information-sharing relationship between government and private corporations. The Dominion and a summary of these issues by Voices-Voix reported that intelligence sharing between government and private sector actors has regularly taken place through classified briefings, raising concern among Indigenous and environmental activists. As Clayton Thomas-Muller reflected in an interview with APTN National News following revelations that he had been under surveillance:
“We are challenging the most powerful corporate entities on the planet … What we have on our side is endless human resources. We have the power of our ancestors and traditions fueling us. We are intimately aware of the domestic surveillance that is happening as well as the agenda to criminalise Indigenous dissent.”
VICE News has also obtained documents demonstrating that Canada’s spy agency has taken a keen interest in the movement against the Dakota Access Pipeline, led by the Standing Rock Sioux Tribe at the Oceti Sakowin Camp. In a 2016 CSIS document, the spy agency noted that “there is strong Canadian Aboriginal support for the Standing Rock Sioux Tribe as many see similarities to their own struggles against proposed pipeline construction in Canada (Northern Gateway, Pacific Trails, Energy East, etc.).”
In 2015, the federal government passed legislation (Bill C-51, the Anti-Terrorism Act 2015) that enabled even greater information-sharing practices amongst government agencies about “threats to critical infrastructure” or “the economic and financial stability of Canada”, both of which may provide an excuse to share information in a manner that chills and thereby threatens the constitutionally recognised right to protest. The same legislation afforded dramatic new “disruption” powers to CSIS. Over 100 Canadian legal academics wrote a lengthy analysis in opposition to the bill. Melina Laboucan-Massimo described the chilling effects of the legislation for openDemocracy in 2015:
“It is legislation like this that makes it difficult for people to not be scared into silence, and for people like me who believe that we need a just transition to renewable energy and engage in peaceful protests that may be seen as criminal in the eyes of the Canadian government. But this history is not new for us as Indigenous peoples here in Canada. It is the continuation of neo colonialism seen now in the form of resource extraction, environmental and cultural genocide.”
Bill C-51 is currently subject to a constitutional challenge led by the Canadian Civil Liberties Association (CCLA) and Canadian Journalists for Free Expression. Despite promises to correct the unconstitutional aspects of Bill C-51, the current government’s proposed reform to national security law (Bill C-59) fails to address many of the concerns raised in that Charter challenge. The notion that peaceful resistance – such as opposition to pipeline projects or other private development – constitutes a meaningful threat to “critical infrastructure” encourages the profiling of Indigenous groups by Canada’s national security bodies.
The consequences of criminalisation
The Canadian government is only beginning to confront its history of violence and colonialism against Indigenous peoples. As Pam Palmater testified to the House of Commons in 2015:
“Every aspect of our identity has been criminalised, both historically and into the present day. In every single instance, we’ve had to resist all of these laws, keeping in mind that these were all validly enacted laws. It was legal to take Mi’kmaq scalps; it was legal to confine us to reserves; it was legal to deny us legal representation. All of these things were law in Canada. We had to be criminals, in that we had to break the law in order to preserve our lives, our physical security, and our identities.”
A systemic pattern of over-policing and over-incarceration of Indigenous peoples by the Canadian government remains a core feature of our legal system
Sixty percent of First Nations children on reserve continue to live in poverty and there are over 70 First Nations communities where drinking water advisories have been in effect for one year or more. A systemic pattern of over-policing and over-incarceration of Indigenous peoples by the Canadian government remains a core feature of our legal system. Though First Nations, Métis and Inuit peoples comprise about 4% of the Canadian population, they make up over 23% of the federal inmate population, leading commentators to describe Canada’s prisons as “the new residential schools.” This pattern of criminalisation means that Indigenous people in Canada are more likely to be disproportionately subject to the kinds of “everyday surveillance” associated with poverty, urbanisation and incarceration, alongside the enhanced surveillance threats faced by those who are active on issues of land and water. The surveillance of Indigenous activists and organisations in Canada must be understood as part of this larger context.
The CCLA is concerned about the long-term impacts of government surveillance of individuals and communities in Canada generally, and of Indigenous activists in particular. While surveillance is most often discussed in terms of privacy rights – and while it is doubtlessly true that many forms of state surveillance are deeply invasive intrusions into the private lives of individuals and communities – privacy is not the only right at stake. In fact, the kind of government surveillance that Indigenous activists and groups have been subject to has the potential to affect a wide range of rights and freedoms protected by the Charter, as well as jeopardise many of our most deeply held democratic values. Pervasive surveillance creates a climate of insecurity, with the potential to discourage legitimate democratic participation, curtail peaceful assembly, and chill freedom of speech, of religious expression and of the press. When these consequences are disproportionately aimed at those engaged with the democratic process through their activism and political work, democracy, and the public interest as a whole, suffer.
This article was originally published at openDemocracy as a part of Right to Protest, a partnership project with human rights organizations CELS and INCLO, with support from the ACLU, examining the power of protest and its fundamental role in democratic society. It has been re-published at DGR News Service under a Creative Commons License.
by Deep Green Resistance News Service | Dec 28, 2017 | Direct Action
Featured image: Water Protectors from the Raccoon Rebellion-Arkansas Chapter conduct a safety lock-out/tag-out of a Main Operating Valve on the Diamond Pipeline as a Christmas gift to the Natural State.
Editor’s note: This news illustrates how simple, relatively safe, and cost-effective small actions can be. They simply put locks on a pipeline valve control box. The company only needs to send an employee out with bolt cutters to undo the action, but it’s a good example of how easy it is to access such equipment, and how easy it would be to cause more lasting effects.
by Jacques Rogiers / Indybay
On Christmas, with help and assistance from Santa Claus, his reindeer, and mischievous elves, some raccoons from the Arkansas Chapter of the national “Raccoon Rebellion” conducted a safety lockout tag-out on Diamond Pipeline Main Operating Valve (MOV) #2021 east of Jerusalem, Arkansas in accordance with common industrial safety procedures. The Lockout/Tagout devices were placed to prevent access and operation of this hazardous inter-state tool of the extractive, exploitative fossil fuel industry.
Using an eminent domain provision of the State Constitution – created in the last century, the Diamond Pipeline has been drilled, dug, and blasted across the Natural State. Chairman and CEO Greg “Scrooge” Armstrong of Plains-All American (PAA) used every loophole on the books to avoid common sense review, mediation, and mitigation while misrepresenting those that opposed the threat to their water as terrorists.14 Counties, 13 major rivers and creeks, 11 drinking water watersheds, 4 Arkansas NRC Priority Watersheds, 10 Critically Endangered Species, 2 Nuclear reactors as well as major portions of the Arkansas and Mississippi River, 5 Heritage crossing sites, and countless homes, farms and property owners are affected. Any moment now the imported steel from the lowest bidder could break and the ghost of Mayflower past will coil like a black evil spirit – with no emergency plan in place.
This pipeline is unsafe. The continued construction and operation of new fossil fuel infrastructure projects like this and so many others is the TRUE CRIME. We know this from years of extensive monitoring, study, and observation supported with hard evidence–photos, federal regulation, and personal observations by experts. The flora and fauna of the Natural State admire and support the efforts of so many organizations and people that have used every available means to have an open and meaningful dialogue and review. However, we can wait no longer.
Future interventions in the interest of common public safety must occur. In solidarity with the “Rabbit Ridge Resistance” we echo the demands they made before the line went into limited operation.
We demand that Governor Asa Hutchinson:
– Invoke executive authority to halt operation of the Diamond Pipeline for the protection of the people, lands, and wildlife of Arkansas.
– Conduct a complete review of all the information concerning pipeline safety and construction irregularities and hold public meeting in every county affected.
– Conduct complete review of use of law enforcement and security groups in the suppression of lawful 1st Amendment activities associated with protest and opposition to oil and gas industries.
– Invoke a complete moratorium on any OTHER use of eminent domain laws by private utility companies until effective procedures are in place to assess and provide public input to ANY use of those laws.
– Create a bonded, insurance fund to cover ANY potential damage caused by the leak, explosion, or faulty construction by any oil and gas infrastructure project.
–Raccoon Rebellion – Arkansas Chapter
