Closing out 2019 the B.C. Supreme Court ruled in favor of the citizens of our valley. In an almost laughable response the “Office” of Wet’suwet’en rejects the ruling of the BC Supreme Court. The “Office” is also funded in part by the American Tides Foundation who dedicate themselves to shutting down and stopping Canada from exercising its rights to sell oil, gas or minerals.
Previously three Wet’suwet’en hereditary chiefs supported CGL, all Wet’suwet’en communities voted in favor of working with CGL.
The court was clear about upholding rule of law, with or without the “Office” consent. The “Office” can continue to preach its above the law status, in the end it will get them nowhere. Its a great start to the New Year and we can now rest assured the jobs we all wanted will come to us. The Office says “Coastal GasLink (CGL) has never obtained consent from the Wet’suwet’en Hereditary Chiefs to enter or work on our territories’, which is not true, 3 Hereditary chiefs signed on with CGL, before the male chiefs revoked their hereditary status.
Quotes from Times Colonist based on Tuesday Dec 31st 2019 court ruling.
In her ruling Tuesday, Justice Marguerite Church said Coastal GasLink has the permits and authorizations for the project and has satisfied the requirements for an interlocutory injunction.
She said there is evidence to indicate that the defendants have engaged in deliberate and unlawful conduct for the purpose of causing harm to the plaintiff and preventing it from constructing the pipeline.
“There is a public interest in upholding the rule of law and restraining illegal behavior and protecting of the right of the public, including the plaintiff, to access on Crown roads,” she wrote.
“The defendants may genuinely believe in their rights under indigenous law to prevent the plaintiff from entering Dark House territory, but the law does not recognize any right to blockade and obstruct the plaintiff from pursuing lawfully authorized activities.”
Church said in her decision there is “evidence of significant harm” to the company and others if the pipeline project cannot go ahead because of the blockades, including Coastal GasLink’s contractors and sub-contractors.
“There would be loss of employment opportunities for employees involved in the construction of the export facility and its operation, employees involved in the construction of the pipeline project, and loss of opportunity for members of Indigenous communities to take advantage of training and employment,” she wrote.
The evidence before her was “not clear” on the harm that would be brought to the Wet’suwet’en nation, she said.
“There is considerable disagreement among members of the Wet’suwet’en nation with respect to the pipeline project and many in the community who support the pipeline project and are of the view that it will have substantial benefits to the Wet’suwet’en nation as a whole.”
Church also said this is an appropriate case to include enforcement provisions within the injunction order, to inform the public of the consequences of non-compliance.
Those opposed to the pipeline did not challenge the validity of the company’s permits and authorizations through legal means but rather chose to pursue “unlawful self-help remedies” to further their goal of preventing construction, she said in her decision.
“Use of self-help remedies is contrary to the rule of law and is an abuse of process,” she said.
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