Showing posts with label Innu land claim. Show all posts
Showing posts with label Innu land claim. Show all posts

07 October 2020

Innu Nation suing provincial government not HQ over Churchill Falls #nlpoli

 

Laws suits get filed in court.

Political claims for cash launch with a news conference, a website, and a deceptive news release that misidentifies the target of the action.

The Innu Nation statement of claim  filed in Newfoundland and Labrador  Tuesday is against the Churchill Falls (Labrador) Corporation as the first defendant in its claim for $4 billion in damages.  The provincial government owns 65% of CF(L)Co and Hydro-Quebec owns a minority interest (35%).

There’s no reason to sue HQ since it is a minor partner in the company that runs Churchill Falls and manages the reservoir built in the 1960s on land claim by Innu in Quebec and Labrador.  Whatever liability HQ might have would be through CF(L)Co.

Otherwise, Hydro-Quebec is just a customer for the power.  And if Innu Nation wanted to include the customers of the power, then it would have sued every single customer of CF(L)Co since 1971, which would include companies and towns in Labrador, Ontario, and the United States. 

There are lots of little clues in the claim that this is a political move, not a legal one.

29 January 2013

Rinse. Repeat. #nlpoli

Not one, not two, but three provincial cabinet ministers announced a five year ban on hunting George River caribou on Monday.

This is a very serious situation, they said.

It must be serious.  They had very glum faces.

If people don’t stop killing caribou, then bad things will happen, they said.

Justice minister @King_Darin said law enforcement officials were around and well…you know what that could mean.

Uh huh.

19 November 2010

Aboriginal land claims remain substantial barrier to Williams’ legacy plan

Innu leader Joseph Roche may have been at the news conference announcing something or other about Muskrat Falls but, as he told the invite-only audience, the whole thing isn’t going anywhere until the Innu land claims issues are settled.

"One of the key outstanding issues now is the consent of our Innu people," Riche said.

"But we cannot do that yet, we need the federal government to resolve outstanding issues for our land rights agreement … it has been thirty years in the making and we have lost many of our elders and leaders in that time. Without this, the Lower Churchill project can not proceed." [cbc.ca/nl]

Riche was one of the invitees and the provincial government distributed a backgrounder on Innu issues.  But, as Premier Danny Williams knows already, the New Dawn agreement is stone cold dead. Riche reportedly put a damper on the excitement at the hotel news conference when he reminded people this thing wasn’t close to being a deal as far as Innu were concerned.

Chief Riche was talking about issues with the federal government, a key player the provincial government left out of the talks to this point.  That’s just one of the problems.  There is a substantial opposition within the Innu community to the project self and they aren’t interested in seeking anything happen on the river, period, full-stop, end of story, do-not-pass go and forget about the two hundred bucks.

And for those who missed it, someone seems to think that by selecting Muskrat falls as the first site, that will outflank the Innu opposition.  Elizabeth Penashue’s annual walk to Gull island doesn’t mean that Muskrat Falls isn’t as important.

The Innu aren’t the only aboriginal group with a claim that needs attention.

So far the provincial government has ignored the Metis of Labrador even though the Lower Churchill dams would be within the Metis claim area.  What’s worse for Williams is that the Metis are still smarting over his broken election promise from 2003 or his comment in 2009 that the project needed the Innu but not the Metis.

Other Premiers have long under-estimated the challenges of aboriginal land claims issues.  At the time he announced a memorandum of understanding to do way more that Danny Williams proposed, Premier Brian Tobin boasted he could finish a land claims deal with the Innu in 12 weeks.

That was 12 years ago. 

And Tobin’s proposal had a far more substantial basis for agreement than a terms sheet.

- srbp -

05 March 2010

Innu vow to protest, continue caribou hunt

After a while, some of this stuff gets repeated so often you could be reading the news with an early undiagnosed case of dementia and not really know for sure that slowly you are losing your grip on reality.

Penashue.

Hickey. 

Innu. 

Protest.

Caribou.

Is it 2010 or 1987?

The answer  - at least for the old Canadian Press clipping below -  is 1987.  The first clue the story is older is the reference to “Innu Indians” and if you managed to slip by that one, the dead give-away is the mention of protests at a military runway.

Other than that, the rest of the story could be from events of the past six or seven years.  A group of Innu, protesting an issue they believe involves their aboriginal rights, decide to kill a few animals from an endangered herd.

A Penashue from Sheshatshiu, in this case Greg, speaks on behalf of the protesters:

''People ask us why we don't sit down and negotiate with government,'' said Greg Penashue, president of the Innu association. ''Well, that's not something I foresee in the near future.

hickeylabradorian6Meanwhile, there’s a prediction of dire consequences from someone regular readers of these scribbles will recognise as a local favourite:

However, John Hickey, [right, shovelling something else in 2009] president of the Mealy Mountains Conservation Committee, said the illegal hunting could escalate into a full-scale slaughter of the herd.

''What's probably going to happen next year, in my estimation, is Metis hunters and hunters from other communities are going to start operating in there and we're going to have one big massacre in the Mealy Mountains,'' he said.

Now aside from the novelty of seeing the old story recycled in this way, there are a few other lessons to be drawn from all this.

Firstly, the Innu  - whether from Quebec or from Sheshatshiu – are past masters at using caribou hunts in sensitive areas as a way of attracting southern media attention for their political cause of the moment.

Second, the caribou herds involved have been used like this for more than 22 years and so far the herds have not been decimated.  There is good reason to doubt either the scientists views or, by referring back to that first point, what is actually going on.  Innu aren’t stupid people, individually or collectively.

Third, the same cannot be said for the white folks who – each and every year - fall for the same schtick without fail.  In that light,  John Hickey’s prediction of a “massacre” 22 years ago is laughable.  But he is basically no different than the crowd who have played the reflexive, knee-jerk white redneck role in the Annual Media Caribou Frenzy every year since.

What’s especially sad is that some of the biggest parts in the 2010 edition of the annual knee-jerk follies are played by a bunch of politicians who are supposed to be or who should be a heckuva lot smarter than they evidently are.  Felix, Danny and Kathy should know better than to get into the racket.  They aren’t being played for saps;  they have re-written the script for themselves and in the process done absolutely nothing to defuse the situation, strip the protest of its political value or advance the Lower Churchill land claim.

Rather, with their claims that charges might be laid they are showing themselves to be extraordinarily stunned.  As lawyers of some experience, Felix and Danny should both know that the aboriginal people of Canada have a constitutionally guaranteed right to hunt, fish and trap subject only to laws about safety and conservation.  In this case, showing any conservation issue is going to be highly problematic.  The facts speak for themselves.

rideout toque In the end, if Danny and Felix try a politically-driven prosecution  - a la FPI and yellow-tail flounder, right - they can only lose as a matter of law.  They may secure the redneck vote and grumble about the friggin’ courts but that’s going to be of little use once the Innu have a much stronger political position as a result of pure stunnedness. 

On the other hand, now that Danny and Felix have built up an expectation that charges will be laid against the Innu – presumably knowing there is frig-all chance of a conviction – they are going to look like eunuchs if they decide that a prosecution is a waste of time and don’t lay charges.

They got into this mess, one suspects, for a very well-known habit of one of three  - Danny, Felix or Kathy - to shoot from the lip before the brain engages.  Henley v. Cable Atlantic is just one of many such examples. The people of the province have seen it countless times since 2003 and  - contrary to popular mythology – The Lip has cost taxpayers dearly indeed.  This case will likely prove to have a similar high price-tag attached to it.

Either way, the Innu will be stronger as a result of this little escapade. Building up sympathy among the southerners is a time-honoured part of their strategy and it will work now just as it did 22 years ago.

One potentially huge difference in the political response to the Innu outside Newfoundland and Labrador now versus earlier has to do with the level of interest of other governments in the whole affair.  If the feds were as attached to the Lower Churchill  as they were to low-altitude flight training in the 1980s or if the Lower Churchill project was more than a load of hot air, the federal politicians would be less susceptible to the political pressure that is likely to be applied to them very shortly.  There’s no way of knowing for sure – at this point – how they will react.

At the same time, these recent protests and the strong words being tossed highlight the huge cleavages within the Innu communities north and south of the Labrador-Quebec boundary. The white folks in this end of the province might want to consider that in a worst case scenario, there’s no guarantee “our Indians” will side with us against “their Indians.”  None of that bodes well for the Lower Churchill.

And if nothing else, all this highlights the sheer idiocy of believing that history started in 2003 and that – in an of themselves – the current lords and ladies ruling this place are inherently smarter than any average bear that went before.

If they were, then they wouldn’t have volunteered so eagerly to play the horse’s arse – yet again - in the pantomime that is Labrador hydro development.

April 22, 1987

Canadian Press

Innu Indians, locked in an escalating battle over native hunting rights and provincial laws, set up tents yesterday on the runway of a military airport.

Five tents were pitched at Canadian Forces Station Goose Bay by members of the Naskapi Montagnais Innu band to protest against the resumption of low-level flights by NATO fighter jets.

The Innu, who believe the flights disrupt the migratory patterns of caribou, were also protesting against the imprisonment of band members arrested on charges of illegally hunting caribou.

The tents, which were not disrupting airport activities, come after a winter of defiance by Innu from the central Labrador community of Sheshatshit.

The Innu, non-status Indians native to Labrador and Eastern Quebec, say they have killed at least 50 caribou from the protected Mealy Mountains' herd on the south coast of Labrador. The Innu consider the area part of their traditional hunting ground.

Six band leaders and Rev. Jim Roach, a Roman Catholic priest, are in jail awaiting a court appearance next week on charges of illegally hunting or illegally possessing caribou meat.

''People ask us why we don't sit down and negotiate with government,'' said Greg Penashue, president of the Innu association. ''Well, that's not something I foresee in the near future.

''How can they guarantee us rights when they throw us in jail virtually every day for practicing our traditional way of life?'' The Innu claim the right to roughly 300,000 square kilometres of land in Newfoundland and Quebec, saying the tribe was hunting caribou as its way of life before Newfoundland existed and has never signed a treaty giving up its rights.

However, John Hickey, president of the Mealy Mountains Conservation Committee, said the illegal hunting could escalate into a full-scale slaughter of the herd.

''What's probably going to happen next year, in my estimation, is Metis hunters and hunters from other communities are going to start operating in there and we're going to have one big massacre in the Mealy Mountains,'' he said.

Other native peoples in Labrador have also claimed traditional rights in the Mealy Mountains. The Innu receive government assistance in the form of subsidized housing, social services and hunting trips.

''If you get right down to it, the Innu went into a section of Labrador which is traditionally used by the Metis people,'' said Joe Goudie, president of the Labrador Metis Association.

''They have impinged on our land without consultation, without anything.''

The Mealy Mountains and the nearby Red Wine Mountains were closed to caribou hunting after the herd dwindled to less than 200 in 1975 from about 2,500 in the 1950s. The Innu are allowed unrestricted access to the George River caribou herd far in the north, whose numbers have mushroomed to more than 700,000.

-srbp-

04 March 2010

They are speaking his language

What I said before and I said going in, this is about principles, but it's also about money as well. At the end of the day, the promise and the principle converts to cash for the bottom line for the people of Newfoundland and Labrador.

That’s Danny Williams talking about the feud with Stephen Harper.

And now the Quebec Innu are looking for compensation for any development of the Lower Churchill.

This one should be easy to resolve.  Both sides are already speaking the same language:  the language of money.

-srbp-

09 February 2009

Innu land claims vote postponed

The Labradorian is reporting that the vote on the Innu land claims agreement originally scheduled for 31 January has been postponed indefinitely.

Innu Grand Chief Mark Nui and other officials of the Innu Nation are reported to be meeting with provincial government officials this week to deal with unspecified “outstanding issues.”

-srbp-