Supporting Indigenous legal efforts to STOP fossil fuel infrastructure

This project was first established to support Indigenous activists working on the front lines of fights against the Trans Mountain Pipeline "expansion" project (TMX). It then expanded to include their legal battle as well as other Indigenous legal battles to hold governments and large infrastructure companies accountable for their actions on climate change and related fossil fuel infrastructure.

Holding fossil fuel companies and governments accountable for climate change and other environmental damage through legal court cases is complex and expensive. But it can be extremely effective!

Cases have been fought and won using rights and standing laws, environmental regulations, tort laws, human rights-based litigation, Fiduciary duty litigation, government accountability lawsuits and international and national treaty litigation.

Funds raised in GG20 will continue to support the work of Chief Rueben George as well as a Heiltsuk Nation legal challenge facilitated by RAVEN Trust.

More information about this case:

In October, 2016 a tug without a certified pilot ran aground and spilled over 110,000 liters of diesel oil in Heiltsuk waters on the central coast of British Columbia. The tug and attached barge were carrying diesel through Heiltsuk waters despite Heiltsuk prohibition of oil transport through their marine harvesting areas.

Through inadequate government and corporate response, and despite Heiltsuk responders’ heroic efforts to mitigate the damage, the spill contaminated key shellfish harvesting areas and critical habitat for the Northern abalone. The Heiltsuk suffered a violent disruption to their way of life, their economy, their history and identity, and their spiritual connection to the land. The Heiltsuk had warned the federal government about the risk of oil transport through the stormy passages of the Central Coast. Heiltsuk was one of the Nations that won a landmark case stopping Enbridge Northern Gateway Pipeline in 2016. Tragically, they are now left dealing with long-term and catastrophic damage to the health of their land, waters, and culture.

A win for Heiltsuk could: • Toughen oil spill regulations along the whole Pacific coast • Set legal precedents for: ◦ Aboriginal title to the foreshore and seabed ◦ Aboriginal governance rights that protects the ecosystem and its resources ◦ BC and Canada to be required to consult with Indigenous peoples on the environmental impact assessment and remediation following an oil spill • Deterrence of oil spills by establishing cultural damages ◦ Strengthen Heiltsuk jurisdiction so they can manage their territory according to Heiltsuk laws • Slow the expansion of Fossil Fuel extraction which is a step in the right direction for climate change. • Impact the future of carbon sequestering marine species (kelp, mussels etc…) impacted by spills. “It's about justice for what was lost, but also sending a message: if you're a foreign, multi-billion-dollar profit company you do not have the right to put our communities, our livelihoods, our culture, and our ecosystems at risk." Ayla Brown, Heilstuk Councillor

In the past we have worked with and helped fund:

The Tiny House Warriors: Ten tiny houses were placed in the path of the Trans Mountain pipeline. This action was a way of asserting control over the traditional unceded Secwepemc territory, where the company proposed building part of the pipeline. They have been criminalized and forced to defend their land in court.

Sundance Chief Rueben George and the George family: The George family, as part of their Nation’s (Tsleil Waututh) Sacred Trust initiative have been actively fighting the Trans Mountain pipeline both on the front lines and in court for over a decade. If the project were to go ahead it would mean massive and ongoing increases (instead of decreases) to the amount of carbon intensive tar sands oil extracted, and exported via oil tankers and then burned every year. This means huge risks for local people and ecosystems and its a big step in the wrong direction for the climate.

Chief George has also been supporting the Wet'suwet'en Nation and travelling to Camp 44 as they fight, on the ground, in prison and in the courts against the Coastal GasLink pipeline that, if built will be carrying fracked gas to LNG Canada’s (LNG Canada is a joint venture between Shell, PETRONAS, PetroChina, Mitsubishi and KOGAS) export terminal.

We Stand Together: As an off-shoot of the Canada/FIPA challenge was formed to craft legal challenges to government decisions on climate. They are presently gathering additional Indigenous allies in support of a First Nations legal climate challenge as well as targeted media, education and public engagement work.

The Canada/China FIPA challenge: The Hupacasath Nation choose to fight this trade treaty as it gave unprecedented powers to China’s state-owned enterprises (SOEs) that were investing billions in Canada’s natural resources. The treaty allowed SOE’s to sue any Canada entities or governments for all future profits if they caused the SOE’s to be unable to do business in Canada. The treaty was irreversible by any court, legislature or other decision-maker for 31 years and had a 15 year out clause. The Hupacasath Nation and We Stand Together crowd-sourced $400,000 to pay for the court case, with donations from over 3,000 people.

Wet’suwet’en Legal Action: A Constitutional challenge asking the Federal Court to declare that Canada has a constitutional duty to keep the country’s greenhouse gas emissions well within the Paris Agreement limit of 2 C above pre-industrial levels. If successful, the lawsuit could lead to far-reaching changes to Canada’s environmental legislation.  It would enable the federal cabinet to cancel approvals previously given to fossil fuel projects such as the LNG export facilities and pipelines proposed for Wet’suwet’en Territories and the northwest B.C. region. Canadian courts recognized that the Wet’suwet’en Hereditary Chiefs hold rights and title over ancestral lands.

“For decades, the government's actions and inactions have been a dominant factor in climate change and have violated the unceded rights of First Nations. At 'We stand Together', we believe we have strong legal grounds to challenge the federal/provincial government to uphold their fiduciary responsibility to First Nations peoples and protect the health of the next seven times seven generations." - Brenda Sayers, Hupacasath First Nation

As Canada continues to wrestle with what reconciliation with Indigenous peoples means, Indigenous Nations have been pushing both human rights laws and the laws of nature to the forefront with persuasive court cases that have stopped many, large industrial projects from not only destroying their traditional lands but the rights of us all of us for a healthy planet.

First Nations activists have been leading the opposition to these projects around the world. It has been our honor to work with and support their efforts. Please join us in supporting these amazing activists in their ongoing fight.