The Supreme Court of Canada dismissed an appeal by the Squamish and Tsleil-Waututh First Nations in British Columbia, ending their years-long battle against the construction of the Trans-Mountain Pipeline. The pipeline is a controversial project to carry crude oil between Alberta and British Columbia's coast. The First Nations filed their appeal after a February decision by the Canadian Federal Court of Appeals that upheld the pipeline's legality. "The consultation process initiated by Canada invited the participation of 129 indigenous groups impacted by the project," stated that ruling, "and more than 120 either support or do not oppose it." The Squamish and Tsleil-Waututh contested this. In a 2018 appeal, the Tsleil-Waututh nation asserted sovereignty over the land, and their "freestanding stewardship, harvesting and cultural rights in this area." Both nations further claimed that the pipeline's construction would obstruct access to water, game and agricultural resources.
Three years after her arrest and torture by security forces in her native country, Egyptian LGBT activist Sarah Hegazi killed herself in exile in Canada on June 14, prompting an outpouring of sympathy and anger on social media. Hegazi, 30, an openly gay woman and rights advocate, was among a group of activists arrested in September 2017 after raising a rainbow flag at a Cairo concert of the Lebanese indie band Mashrou Leila, which includes gay members. Hegazi was charged with joining an illegal group promoting "deviant thought." She fled to Canada after being released on bail in January 2018. The incident was followed by a harsh crackdown on Egypt's LGBT community.
The Canadian Institute for International Law Expertise (CIFILE) has asked the prosecutor of the International Criminal Court (ICC) to investigate individual world leaders and the World Health Organization (WHO) for alleged international crimes relating to their handling of the COVID-19 pandemic. The group states that past disease outbreaks, including SARS, suggest that the director-general of the WHO should have notified nations well before the initial March 11 notification date. The complaint asserts that the response to the pandemic constitutes a "crime against humanity" under Article 7(k) of the Rome Statute. The complaint further states that the ICC may exercise jurisdiction over international crimes under Articles 12 and 13 when a member state of the ICC has been affected. Specifically the complaint cites Canada as an affected signatory to the Rome Statute.
International climate negotiations will be delayed by a full year because of the coronavirus pandemic, the UN Framework Convention on Climate Change (UNFCCC) and the UK government announced May 28. The next summit, officially dubbed the 26th UN Climate Change Conference of the Parties (COP26), was due to take place this November in Glasgow, but has now been put off to November 2021. Delaying the talks could encourage governments, industrial concerns and financial institutions to adopt recovery plans with high climate costs. The postponement is particularly critical given the failure of last year's summit, held in Madrid, to reach any agreement. Instead, critical decisions were put off for COP26. This means a full two years will have passed before any progress can be made. (STV)
Secretary of State Michael Pompeo announced on May 21 that the United States would formally submit notice the following day of its intent to withdraw from the Treaty on Open Skies, a post-Cold War trust-building measure signed in 1992 by the US, Russia and 33 other countries. The treaty, which took effect in 2002, allows each state-party to conduct unarmed reconnaissance flights over each others' entire territories to collect intelligence on military forces and activities. In accordance with Article XV, the US withdrawal will take effect six months after formally submitting notice. In a letter addressed to Pompeo, Defense Secretary Mark Esper and President Trump, Representatives Eliot Engel (D-NY) and Adam Smith (D-WA) protest that the withdrawal is in violation of Section 1234 of the Fiscal Year 2020 National Defense Authorization Act, which requires the president to notify Congress at least 120 days before giving formal notice of intent to withdraw from the treaty. (Jurist)
Mounting police-state measures in response to the COVID-19 pandemic are now resulting in stand-offs between executive and judicial authorities. In El Salvador, President Nayib Bukele, for the third time in 10 days on April 16 publicly dismissed Supreme Court rulings to respect fundamental rights while enforcing quarantine regulations. First, on March 26, the court ordered the government to release individuals who had been detained while grocery shopping. Then on April 8, the court explicitly provided that the government lacked proper statutory backing to detain citizens. After both rulings, Bukele took to Twitter, urging security forces to be strict with the lockdown and reiterating that violators will be placed in a containment facility. The third order states that the Bukele administration must respect the COVID-19-related rulings. Again, Bukele responded on Twitter, declaring that "five people will not decide the death of hundreds of thousands of Salvadorans." Security forces have already arbitrarily detained hundreds of people in the containment centers, where rights observers charge they face an increased risk of spreading COVID-19. (HRW, CISPES, Jurist)
Despite last week's agreement by Saudi Arabia and Russia to end their price war, the oil market remains in free-fall amid the virtual shut-down of the world economy by the COVID-19 pandemic. The price of the main US oil benchmark, West Texas Intermediate, fell on April 20 to $30 below zero—the first time oil prices have ever turned negative. This means anyone trying to sell a barrel would have to actually pay a buyer. The global industry output of 100 million barrels a day would appear to be on borrowed time. (NYT)
The office of the UN High Commissioner for Human Rights has condemned the assassination of Mexican environmental activist Adán Vez Lira, who was shot April 8 while riding his motorcycle in the municipality of Actopan, Veracruz. Vez Lira worked with the Veracruz Assembly for Environmental Defense Initiatives (LAVIDA) to oppose mining operations that threaten local water sources. Gold and silver exploitation by the Canadian-based Almaden Minerals and Candelaria Mining are encroaching on the borders of La Mancha Ecological Reserve and contaminating springs and wells in the villages of Actopan and Alto Lucero.