New Lawsuit Challenging Thacker Pass Mine [Press Release]

New Lawsuit Challenging Thacker Pass Mine [Press Release]

by | Feb 24, 2023 | ACTION, Mining & Drilling

February 17, 2023

Late yesterday, three Native American Tribes — the Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe — launched a major new lawsuit against the Thacker Pass lithium mine.

Will Falk is representing RSIC and SLPT in this lawsuit, and Protect Thacker Pass is providing media support. Please donate to support the case and fund legal costs!

DONATE: https://www.protectthackerpass.org/donations-and-funding/

This new case contains major allegations that were not heard in the prior court case, and may be a significant road block for the mine.

FOR IMMEDIATE RELEASE

“This Fight Isn’t Over” – Three Tribes File New Lawsuit Challenging Thacker Pass Lithium Mine

February 17, 2023

RENO, NV — Three Native American tribes have filed a new lawsuit against the Federal Government over Lithium Nevada Corporation’s planned Thacker Pass lithium mine, the latest move in what has become a two-year struggle over mining, greenwashing, and sacred land in northern Nevada.

The lawsuit, filed by the Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe on in Federal District Court on Thursday evening, includes three major allegations.

First, the tribes claim that the Bureau of Land Management (BLM) withheld crucial information from the Nevada State Historic Preservation Office and lied about the extent of tribal consultation in order to secure legally-required concurrence about historic properties in Thacker Pass.

Second, the tribes allege that Lithium Nevada, with BLM’s complicity, lied about terminating a set of older permits for mining-related activities in Thacker Pass. Further, the tribes say that the BLM has, without notifying tribes or the public, expanded the scope of previous permit authorizations dozens of times, allowing Lithium Nevada to conduct preliminary mine construction activities that are harming traditional cultural properties in Thacker Pass.

Third, the lawsuit argues that the BLM lied about consulting with Tribes before issuing their Record of Decision, and that the agency has continually refused to acknowledge both oral and written histories presented by the Tribes about the sacredness and cultural significance of Thacker Pass.

In total, the lawsuit asserts that the BLM has violated the Federal Land Policy Management Act, the National Historic Preservation Act, and the National Environmental Policy Act, and is also guilty of Breach of Contract.

This lawsuit comes just one week after Judge Miranda Du ruled largely in favor of Lithium Nevada and the BLM in a prior consolidated case involving claims brought in 2021 by environmental groups, a local rancher, and two Native American tribes (the Reno-Sparks Indian Colony and the Burns Paiute Tribe).

However, that case only considered events and information prior to January 15, 2021, when the BLM issued the Record of Decision (ROD) — the main Federal permit — for the Thacker Pass lithium mine project. Tribal claims were curtailed by this limitation, which blocked key evidence from being heard — evidence that is integral to the new case.

The new lawsuit is also strengthened by the addition of the Summit Lake Paiute Tribe, one of the Tribes that the BLM claims to have consulted with prior to issuing the ROD. Summit Lake and both other tribes the BLM claims to have consulted (the Winnemucca Indian Colony and Fort McDermitt Paiute-Shoshone Tribe) have disputed BLM’s assertion that any consultation took place. (The Winnemucca Indian Colony filed to intervene in the previous court case, but was blocked from taking part by Judge Du, for seeking intervention too late in the case.)

All three litigating tribes hold Thacker Pass, known as “Peehee Mu’huh” in the Paiute language, as a sacred and culturally important site which has been used for gathering edible and medicinal plants, hunting and fishing, conducting ceremonies, camping, and everyday lifeways of Paiute and Shoshone peoples. Many oral histories, passed down for generations among regional Native American communities, tell of the significance of this area.

Thacker Pass is also the site where two massacres of Paiute people took place – one which occurred prior to colonization as part of an inter-tribal raid, and a second which took place on September 12, 1865, when Federal troops massacred between 31 and 50 Paiute men, women, and children in a surprise attack at dawn.

Much of this history has been assembled for the first time in a comprehensive ethnological report commissioned by the Reno Sparks Indian Colony and Summit Lake Paiute Tribe, which is titled “Thacker Pass/Peehee mu’huh: A Living Monument to Numu History and Culture.” The tribes submitted that report to the Department of the Interior on February 3rd as part of an application to list both the 1865 massacre site and the whole of Thacker Pass, which tribes are calling the “Thacker Pass Traditional Cultural District,” under the National Register of Historic Places. (Numu is what the Northern Paiute call themselves.)

Arlan Melendez , Chairman of the Reno-Sparks Indian Colony:
“When the decision was made public on the previous lawsuit last week, we said we would continue to advocate for our sacred site PeeHee Mu’Huh. A place where prior to colonization, all our Paiute Shoshone ancestors lived for countless generations. And is the very same place they were massacred (never laid to rest properly) by the U.S. Calvary. It’s a place where all Paiute Shoshone people continue to pray, gather medicines & food, honor our non-human relatives, honor our water, honor our way of life, honor our ancestors.
Our contention is with the largest lithium mine in country and the expansion of the 40 plus other lithium claims proposed for the State of Nevada. They should have notified all Tribes sooner. The Thacker Pass permitting process was not done correctly. BLM contends they have discretion to decide who to notify or consult with. They only contacted 3 out of the 22 tribes who had significant ties to Thacker Pass.
One of the Biden Administration’s first actions when they took office was to prioritize ‘regular, meaningful, and robust consultation’ with Tribes. That did not happen with Thacker Pass, and we need the Federal Government to make that right. Our history, our culture, our people, and our sacred sites must be protected.”

Diane Teeman, Director, Culture & Heritage Department, Chairperson, Tribal Council, Burns Paiute Tribe:
“Thacker Pass is known as a spiritually powerful place because of the presence of the remains of tribal Ancestors and their spirits. Our Paiute oral history tells us that we Paiutes have lived in this area since before the Cascade Mountains were formed. Our people follow our unwritten traditional tribal laws and philosophy of life which require we respect all other living things including plants, animals, minerals, and so on. Our traditional ways require we live in reciprocity with all other things and never put ourselves as feeble humans above others. For this reason, our unwritten traditional tribal law requires we do everything in our power to protect it. Only the Tribe and its members can speak to the significance of an area to the Tribe.”

Will Falk, attorney representing the RSIC and SLPT:
“BLM fast-tracked its review of the Thacker Pass Lithium Mine Project and was moving so fast, it made a number of mistakes including failing to identify the September 12, 1865 massacre site, even though BLM possessed descriptions of this massacre in its own General Land Office records. The Tribes have notified BLM of the cultural, spiritual, and historical significance of Thacker Pass, but BLM continues to refuse to acknowledge this information. BLM’s failure to acknowledge the information the Tribes have provided about the significance of Thacker Pass was not reviewed by the court in the previous lawsuit. BLM has committed a number of violations of federal law since the original lawsuit was filed in 2021. My clients and I look forward to exposing the tricks BLM has played on the Tribes for the Thacker Pass Project.”

Michon Eben, Tribal Historic Preservation Officer at the Reno-Sparks Indian Colony:
“Part of the Federal Government’s responsibility is to determine if a proposed mining project may adversely affect historic properties. Historic properties include Native American massacre sites. The BLM failed in its trust responsibility to tribes and now our ancestor’s final resting place is currently being destroyed at Peehee Mu’huh. Why is it that when our ancestors’ burials are under threat, its business as usual? We are demanding mutual respect for our dead relatives and their final resting place. The BLM and non-native archeologists do not have the expertise to determine whether a property is of religious or cultural importance to a tribe. Native American tribes are the special experts of our culture and Peehee Mu’huh/Thacker Pass is significant to regional tribes and to American History.”

Shelley Harjo, Fort McDermitt Tribal Member:
“Are we willing to sacrifice sacred sites, health and internal balance for short term economic gains while giant corporations create unmeasurable wealth, deplete resources, and leave our future generations to endure the disorder the Thacker Pass mine would leave behind? I will never believe this is the best method for greener living and nor do many other native people in our area. My elders who have been going up to fish and gather medicine in the Thacker Pass have been followed and harassed by Lithium Nevada’s private security, and now say they don’t feel safe on their own ancestral homeland. This is an unacceptable bullying tactic against elderly women by a foreign mining company that has no business here.”

Max Wilbert, Protect Thacker Pass:
“Global warming is a serious problem and we cannot continue burning fossil fuels, but destroying mountains for lithium is just as bad as destroying mountains for coal. You can’t blow up a mountain and call it green.”

The Thacker Pass lithium mine project has become emblematic of what critics say is a rushed transition to “green energy” that is replicating many of the problems of the fossil fuel industry, resulting in major environmental damage, and harming communities on the frontlines. Opponents of the Thacker Pass say they aren’t arguing in favor of fossil fuels, but in favor of protecting the Earth. Lithium Nevada claims that its lithium mine will be essential to producing batteries for combating global warming, and the Biden administration has previously indicated some support for Thacker Pass. Opponents of the project have called this “greenwashing,” arguing that the project would harm important wildlife habitat and create significant pollution, including greenhouse gas emissions. They say that electric cars are harmful to the planet and a different approach is needed to address the climate crisis.

General Motors recently entered into an offtake agreement with Lithium Americas, the parent company of Lithium Nevada, to purchase a $650 million stake and to buy the lithium that is produced at Thacker Pass. News reports have stated that the agreement is contingent on the results of the previous lawsuit. It is unclear at this time how the new lawsuit will affect GM’s commitment to Thacker Pass.

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Campaign Timeline

New Lawsuit
Making the connections: resource extraction, prostitution, poverty, climate change, and human rights

Making the connections: resource extraction, prostitution, poverty, climate change, and human rights

by | Dec 20, 2021 | Alienation & Mental Health, Biodiversity & Habitat Destruction, Climate Change, Colonialism & Conquest, Male Violence, Mining & Drilling, People of Color & Anti-racism, Prostitution, Repression at Home, Toxification, Women & Radical Feminism, Worker Exploitation

Editor’s note: This article has been published in The International Journal of Human Rights. Unfortunaltly we don’t have the rights to publish the whole article which is behind a paywall, but we are publishing the extract and some quotes.

Featured image: The surface mine storage place, mining minerals and brown coal in different colours. View from above. Photo by Curioso Photography on Unsplash

ABSTRACT
This article describes the connections between resource extraction, prostitution, poverty, and climate change. Although resource extraction and prostitution have been viewed as separate phenomena, this article suggests that they are related harms that result in multiple violations of women’s human rights. The businesses of resource extraction and prostitution adversely impact women’s lives, especially those who are poor, ethnically or racially marginalised, and young. The article clarifies associations between prostitution and climate change on the one hand, and poverty, choicelessness, and the appearance of consent on the other. We discuss human rights conventions that are relevant to mitigation of the harms caused by extreme poverty, homelessness, resource extraction, climate change, and prostitution. These include anti-slavery conventions and women’s sex-based rights conventions.

Farley writes: “In this article we offer some conceptual and empirical connections between prostitution, resource extraction, poverty, and climate change.1 These associations are clarified by Seiya Morita’s visual diagram, in Figure 1.2 In the short term, resource extraction leads to a sudden increase in the sex trade, as shown by the arrow on the left side of the diagram. In the long term, resource extraction causes climate change as indicated by the right arrow. Climate change then leads to crises in peoples’ ability to survive extreme events such as drought, floods, or agricultural collapse. These climate change catastrophes result in poverty which then mediates and channels women into the sex trade. The arrow on the bottom of Figure 1 illustrates this process.

The initial phase of resource extraction launches and expands prostitution
“At first, colonists and their descendants subordinate indigenous people who live on lands rich in natural resources. Historically, extraction industries have exploited young, poor men who are paid well to perform jobs that no one else wants because the jobs are unplea- sant and dangerous. This initial phase of resource extraction temporarily results in a boom economy with cash-rich but lonely working-class men. In order to pacify the workers and enrich the pimps, women and girls who are under pimp control are delivered to workers in these boom/sacrifice zones such as the Bakken oil fields in USA and Canada, gold mines in South Africa, coltan mining regions in Colombia, and logging regions in Brazil.3 This movement of trafficked women increases prostitution both in the boom town and in neigh- bouring communities. Following is an example of this process.

“The Bakken oil fields of Montana/North Dakota/Saskatchewan/Manitoba are located in lands where the Dakota Access Pipeline causes physical, psychological, and cultural damage to the community, and ecocidal harm to the land and the water.4 In 2008, large numbers of pipeline workers moved into the Bakken region’s barracks-style housing which were named man camps. Sexual assaults, domestic violence, and sex trafficking tripled in communities adjacent to the oilfield sacrifice zones,5 with especially high rates of sexual violence toward Native women.6 Adverse consequences of living near extractive projects include increased rates of sexually transmitted infections and still- births; general deterioration in health; ecological degradation and climate change; threats to food security; and political corruption – all of which severely impact women.7 When resource extraction is terminated, for example when coltan mining was halted in Congo because of environmental protests, the newly expanding sex trade remains in operation, an enduring legacy of colonisation. Belgium’s domination of Congo gradually shifted from state to corporate colonisation.8 The Belgian colonists’ commodification of the nation diminished the people’s social and political power, leaving them poorer, with fewer resources, and often desperate for a means of survival even before the later phase of climate change occurred. This sequence happens wherever resources are commodified. Initially, a boom economy based on resource extraction creates short-term job opportunities and wealth previously unknown. Prostitution is established both to pacify the workers and to generate money for pimps and traffickers. When the boom economy goes bust, men’s continued demand for paid sexual access, combined with women’s need for survival – drive the institution of prostitution, which remains even after the extraction industry has ended.”

Melissa Farley (2021): Making the connections: resource extraction, prostitution, poverty, climate change, and human rights, The International Journal of Human Rights, DOI: 10.1080/13642987.2021.1997999

The whole article is accessible here: https://doi.org/10.1080/13642987.2021.1997999

Melissa Farley
Melissa Farley is a research and clinical psychologist who has authored many articles and 2 books on the topic of prostitution, pimping/trafficking, and pornography. She is the executive director of Prostitution Research & Education, a nonprofit research institute that conducts original research on the sex trade and provides a library of information for survivors, advocates, policymakers, and the public. Access to the free library is at www.prostitutionresearch.com.

Three Indigenous delegates talk COP26 and what’s missing in Canada’s climate efforts

Three Indigenous delegates talk COP26 and what’s missing in Canada’s climate efforts

by | Dec 3, 2021 | Climate Change, Culture of Resistance, Human Supremacy, Indigenous Autonomy, Indirect Action, Lobbying, Mining & Drilling, The Problem: Civilization, The Solution: Resistance

Editor’s note: You don’t have to be indigenous to love the land you live on but it certainly gives moral authority. And in the fight against settler colonialism gives a much greater legitimate claim to virtue. They don’t even follow their own rules. Broken Treaties.

This story first appeared in The Narwhal.

Indigenous Peoples bear the brunt of environmental inaction — and sometimes action. The Narwhal speaks to three women on what they hope to address at the UN climate change summit in Glasgow

By 

Nuskmata wants to combat myths about mining in Canada.

This is one of her goals at the United Nations climate summit in Glasgow.

Nuskmata, mining spokesperson for Nuxalk Nation, spoke to The Narwhal from her home in British Columbia prior to leaving for the summit, also known as the 26th annual meeting of the Conference of Parties (COP26) to the United Nations Framework Convention on Climate Change.

She said she wants to centre solutions around Indigenous governance and emphasize how Indigenous Peoples are bearing the burden of climate policies, even well-intentioned ones like switching to electrification and renewable energy — that still requires mining precious metals, she said.

“You can’t be sacrificing Indigenous Peoples and clean water in order to get solar panels,” she said.

“It’s not just swapping out oil and gas. It’s about changing the system so that it’s sustainable for everybody.”

Nuskmata is one of many Indigenous delegates at COP26 determined to pursue Indigenous solutions, along with debunking myths and adding context to Canada’s global commitments.

She said she also hopes to deliver a message that mining “is not a green solution” to the climate crisis.

At COP26, the more than 100 countries in attendance will update their 2015 Paris Agreement commitments to reduce greenhouse gas emissions, intended to meet the urgent need to limit global warming to 1.5 C. This will require profound changes, as the Intergovernmental Panel on Climate Change released a sobering report in August which found Earth could exceed the 1.5 C warming limit by the early 2030s if we don’t curb emissions. To stay below 2 C warming, countries have to meet net-zero emissions around 2050, the report found.

Already in Scotland, nearly all countries have signed a deal committing to end deforestation by 2030, including Canada — though logging here is seen as renewable and therefore not affected by the deal. Delegates have pledged $1.7 billion in funding to Indigenous Peoples, recognizing the critical role they play in forest conservation.

On Monday Prime Minister Justin Trudeau pledged to cap and then cut emissions from Canada’s oil and gas sector, repeating one of his 2021 campaign promises. But according to a new report from Environmental Defence Canada and Oil Change International, oil and gas producers only have vague commitments that rely on carbon-capture technology.

Some critics say COP26 is excluding Indigenous leaders from key parts of the international discussions. Regional Chief of the British Columbia Assembly of First Nations Terry Teegee said in a public statement “there is a noticeable failure to include First Nations while negotiating the collective future of our planet internationally and locally.”

Read the full article at The Narwhal.

Banner image: Nuskmata is one of three Indigenous women The Narwhal spoke to about the message they’re bringing to COP26 in Glasgow.

Update from Peehee Mu’huh / Thacker Pass

Update from Peehee Mu’huh / Thacker Pass

by | Nov 30, 2021 | Direct Action, Education, Human Supremacy, Indirect Action, Mining & Drilling, Obstruction & Occupation, Protests & Symbolic Acts, The Problem: Civilization, The Solution: Resistance

This story first appeared in Protect Thacker Pass.

By Max Wilbert

It’s been 10 months since I first arrived at Thacker Pass and began work to protect the land from a proposed open-pit lithium mine in earnest. Today I share this video reporting from the land and sharing reflections on where the movement to protect this place is at right now and where we are going. When we do fight, winning is not guaranteed. It takes a lot of people and a lot of hard work to even begin to have an impact.

But if we don’t fight, we will never win. We guarantee failure. Choosing to fight is important. So is fighting intelligently. Many battles are won or lost before there is any actual conflict. The preparation, planning, training, organization, logistics, and other behind-the-scenes work is where the magic happens.

I hope this video speaks to you and you find some inspiration. 🌎

Full transcript:

Hello, everyone. For those who don’t know, I’m here at a place that’s known today as Thacker Pass. The original Paiute name for this place is Peehee Mu’huh. The history of this land has really come to light since we’ve been here.

It was January 15, that my friend Will Falk and I set up camp on this land. It was just two of us; we didn’t know if anyone would pay attention or if anything would come of it. And we still don’t know; we still don’t know if we’re going to win, we still don’t know if we’re going to protect this land, because a company called lithium Nevada plans to turn this entire landscape into an open pit lithium mine. They want to blow it up and turn it into a mine to extract the lithium and turn it into batteries.

There’s a huge booming demand for batteries–for everything from electric cars to grid energy storage to electric power tools and smartphones. Partly, this is a consequence of industry and forces that are beyond our control: powerful individuals and corporations like Tesla, Elon Musk, this company with him Nevada, and many others. And partly it’s a result of our consumer culture. Of course, these are inseparable. There’s a book called Manufacturing Consent that talks about the media, about advertising, and analyzes these systems and how they create demand.

So this entire place is under threat, and it has been under threat for a long time now. We’ve been fighting since January. We’ve been fighting in the realm of public opinion, talking to the media, making videos, writing articles, discussing the issues, educating people about the harms of this type of mining.

Mining is one of the most destructive industrial activities that humans have ever undertaken, and in fact, it goes back further than the Industrial Revolution. There are mines from the Roman Empire that are over 2000 years old, which are still toxic and poisoning the land around them. The air pollution that was released by Roman mines across Europe can still be measured in the ice in Greenland.

There’s no way around the base fact of mining: that you’re blowing up the land, destroying it, breaking into pieces, scooping it up, and taking it to turn it into products. To turn it into money ultimately.

This mine, according to the mine’s supporters, is a green mine, because this lithium will be used to build electric cars, and to build batteries to support so called green energy technologies like solar and wind. Now, I used to support these things. I used to think they were a great idea. I don’t anymore. It’s not because my values have changed. I still value the planet, I’m still very concerned about global warming, and the ecological crisis that we find ourselves in. And in fact, that’s the reason why I oppose mines like this.

Because those stories that tell us that mining a place like this will save the world are lies. They’re lies and they have been told to us in order to facilitate businesses taking land like this and destroying it and turning it into profit. This is a story that we have seen again and again, throughout the generations. The substance that’s being pulled out of the ground might be different, but for the creatures who live here, for the water, the air, the soil, the surrounding communities of humans, whether or not to oppose a mine like this is really a question of courage. Because the truth is, this is not a green mine. The Earth does not want this mine. The land, the water, the non-human species who live here–they don’t want this mine. Humans want it. And humans who are from a consumeristic, first world, wealthy nation want it, so that they can benefit from the consumer goods that would be produced.

A lot of people want to live in a fantasy and tell themselves that we can solve global warming and reverse the ecological crisis by producing millions of electric cars, and switching en masse from coal power to solar and wind and so on.

This is a lie.

And it’s the best kind of lie. Because it’s very convincing. It’s very convincing. It tells people that they can have their cake and eat it too, that they can still live this modern high energy lifestyle, that life can continue more or less as we have known it. And yet, we can fix everything, we can save the world. It’s not true, but it’s very convincing. It’s very comforting to many people.

So sometimes I feel like I’m out here just bursting people’s bubbles. A lot of people don’t want that bubble burst–they want to hang on to it. They want to hang on to it at all costs, and they will delude themselves, they will lie to themselves repeatedly. And they will lie to others to continue to have that fantasy. Because the truth is not so easy to face.

The truth is that over the last 200 years, and far longer, this culture has laid waste to the ecology of this planet. The natural world is crumbling, under the assaults of industrial culture, civilization, colonization, capitalism. Whatever terms you want to define the problem with, the issues are the same. The world is being destroyed for future generations, and nonhumans are living through an ecological nightmare right now. And it’s a nightmare of our own making. It’s a nightmare that this culture has created and perpetuates every day.

So we have to face this, like adults, like elders with wisdom, with the ability to not shy away from difficult situations. And that takes courage. It takes courage because you’re going up against not just the capitalists and the businesses, you’re going up against–in many cases–your own friends and family. You’re going up against the mainstream environmental movement. You’re going up against the Democratic Party and the progressives, and much of the socialist movement. You’re going up against a large portion of the culture. And of course you’re going up against the fossil fuel oligarchs and the old industrial elite as well.

You know, I’ve felt pretty lonely out here. It’s felt pretty lonely at times throughout this fight, when we’ve had trouble getting people to join us on the ground, when we’ve had trouble getting support. At other times that support has come and has been very strong, and people have joined us here. I hope more people will continue to join us not just here but start their own fights.

We’ve seen the fight against the lithium mine down in Hualapai territory in what’s now called Arizona ramping up after Ivan Bender came up here and visited this place and talk to us and we had some great conversations about how we’re doing it here and how we’re fighting. That’s what I want to see. That’s That means a lot to me to see that.

So it’s a beautiful night here, the sun setting, and I’m thinking about all the people who’ve worked on this campaign; the hundreds and thousands of hours that have been poured into trying to protect this land. Because if this mine goes in this place is ruined for generations. I don’t know how long but hundreds of years, at least, if it’ll ever come back, if it’ll ever be like it is now.

The Bureau of Land Management is the federal government agency that manages this land here. They’ve been lying throughout the process. They’ve been acting unethically. They’ve been harassing people, they’ve been misrepresenting the situation; misrepresenting the facts, and we think they’re violating multiple federal laws. Those laws aren’t that strong. The laws to protect this planet are not as strong as I wish they were. But they’re violating even those weak laws.

So we’re going to keep fighting. We’re going to keep fighting to protect this place. We’re going to keep fighting for this land. We’re going to keep fighting for what’s right. Because if you don’t, then what is your soul worth? Where’s your self respect?

You know, those are questions, we each have to ask ourselves. I can’t answer it for you. I don’t know what your life is; your situation. It’s so easy to defeat ourselves in our minds.

And the first step to any resistance; to any organizing; to any opposition like this–is to believe that we can do something about it. And the truth is we can. It’s the simple truth we can. We can change things. But if we don’t try then we’ll lose every time.

Arrested Land Defenders Appear In Court Today; Gidimt’en Condemns Unreasonable And Punitive Conditions Of Release

Arrested Land Defenders Appear In Court Today; Gidimt’en Condemns Unreasonable And Punitive Conditions Of Release

by | Nov 25, 2021 | Climate Change, Colonialism & Conquest, Culture of Resistance, Gender, Human Supremacy, Indigenous Autonomy, Male Supremacy, Repression at Home, The Problem: Civilization, The Solution: Resistance

This story first appeared in yintahaccess.com

Media contact: Jennifer Wickham, 778-210-0067, yintahaccess@gmail.com
Gidimt’en Checkpoint Media Coordinator

FOR IMMEDIATE RELEASE 
NOVEMBER 22, 2021 

WET’SUWET’EN TERRITORY, SMITHERS, BC: Twenty people who were arrested in a two-day violent raid on Wet’suwet’en territory are appearing at BC Supreme Court in Prince George today at 11 am. Those arrested include Gidimt’en Checkpoint spokesperson Sleydo’ and Dinï ze’ Woos’s daughter Jocelyn Alec, as well as two journalists.

Those arrested are all facing charges of civil contempt for breaching the terms of a BC Supreme Court injunction granted to Coastal GasLink (CGL). CGL is seeking a number of conditions of release, including denying many arrestees access to a vast area of Wet’suwet’en territories. The proposed ‘exclusion zone’ is the whole Morice West Forest Service Road or any other areas accessed by the Morice Forest Service Road. Wet’suwet’en people (as determined by CGL) may be exempt from the exclusion zone for “cultural activities” (as defined by the RCMP), while being subjected to ‘culture-free zones’ around CGL work sites.

CGL is also asking Sleydo’ to provide documentation to “prove” she is Wet’suwet’en, and is seeking conditions that would bar her from returning to her home on Wet’suwet’en Yintah where her, her husband Cody Merriman (Haida nation, who was also arrested), and her three children live. CGL is also challenging Chief Woos’s daughter Jocelyn Alec’s status as a Wet’suwet’en person because she has Indian Act status with her mother’s First Nation. The Indian Act is patriarchal and does not determine identity or belonging to a community.

According to Jen Wickham, media coordinator of Gidimt’en Checkpoint: “Coastal GasLink’s proposed conditions of release are punitive, unreasonable and, in targeting Sleydo’ and Jocelyn, completely racist and sexist. Allowing a private corporation to determine two Indigenous womens’ identities and allowing this corporation to deny our inherent rights to be Wet’suwet’en on our territory is a very dangerous precedent. This is the colonial gendered violence that is the root of the crisis of MMIWG2S. Even though Coastal GasLink is trying to intimidate us through the colonial court system, we are Wet’suwet’en Strong. Under the governance of our Hereditary Chiefs, there will be no pipeline on our Yintah.”

In granting an injunction to Coastal GasLink, Justice Church recognized that the Wet’suwet’en are “posing significant constitutional questions” but said that “this is not the venue for that analysis.” However, the 1997 Supreme Court of Canada Delgamuukw-Gisdaywa ruling clearly affirmed that Aboriginal title – the right to exclusively use and occupy land – has never been extinguished across 55,000 square kilometers of Wet’suwet’en and Gitxsan territories.

States Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs: “Industry’s reliance on the racist and oppressive legal weapon of injunctions is a way to maintain the continued dispossession and criminalization of Indigenous peoples. Indigenous peoples should not have to comply with industry and government decisions that deny our Indigenous rights. By dragging us through court and using injunctions against us, our Indigenous rights are being violated and are given less consideration than climate-destroying corporations. We are calling for the release of all Wet’suwet’en land defenders, and for BC and Canada to uphold Indigenous Title and Rights and institute a moratorium on fossil fuel expansion in the wake of clear and present climate catastrophe – including LNG which is not clean energy and is a non-renewable fossil fuel.”

For more information and developing story, please visit yintahaccess.com