Native America

Mohawk band forms indigenous legal system

The Mohawk band council of Akwesasne in Canada has introduced its own legal system independent of the country's federal system. This marks the first instance of an indigenous people creating its own legal system in Canada. While First Nation band councils have passed and enforced legislation on reserves for years, the new court framework was drafted by the community and is not tied to the Indian Act or any agreement with the Canadian government. Under the proposed legal system, justices and prosecutors are asked to enforce a variety of civil laws, while criminal matters still remain within the purview of the federal or provincial courts. The civil matters range from sanitation to property and wildlife conservation. The new system is underpinned by concepts of restorative justice, as there are no jail terms and offending parties are to use their skills to benefit the community. Questions remain as to what extent Akwesasne law will be recognized by provincial and federal courts.

Lakota protesters block pipeline construction

Native Americans, ranchers and farmers on Aug. 10 launched a blockade of a highway in North Dakota to bar crews of contractor Energy Transfer Partners from reaching the construction site of the Dakota Access Pipeline. Some 250 Lakota Indians and their allies are still maintaining the blockade, despite several arrests. The $3.8 billion Dakota Access Pipeline, also known as the Bakken Pipeline, will extend from North Dakota to a market hub near Patoka, Ill., outside Chicago. The US Army Corps Engineers issued formal approval of the pipeline on July 26. Members of the Standing Rock Sioux Tribe have started a protest camp to block its construction, where the Cannonball and Missouri rivers meet. Standing Rock Sioux chairman Dave Archambault III is among those arrested by North Dakota state troopers and Morton County deputies. At 1,172 miles, the Dakota Access Pipeline is only seven miles shorter than the proposed length of the stalled Keystone Pipeline. (TruthOut, Censored News, Aug. 13; Native News Online, Mother Jones, Aug. 12)

'Moorish' connection in Baton Rouge shootings

The man who apparently shot dead three police officers before being brought down himself in Baton Rouge on July 17, Gavin Eugene Long, was a former Marine sergeant who went by the online name Cosmo Setepenra. His blog seems to be still online, as well as his YouTube rants in which he made clear that he did not want to be associated with any organized groups, apparently in anticipation of his attack. "I'm affiliated with the spirit of justice: nothing else, nothing more, nothing less," he said in one clip. But the Kansas City Star notes that he filed documents last year with county authorities at his Missouri home declaring himself a "sovereign" affiliated with the "United Washitaw de Dugdahmoundyah Mu'ur Nation, Mid-West Washita Tribes." It is a little strange to suddenly see the Washitaw Nation making headlines on NBC, and being mentioned in CNN, the New York Times and the like.

Canada: court blocks Northern Gateway pipeline

Canada's Federal Court of Appeal overturned approval of Enbridge energy company's controversial Northern Gateway pipeline that would link Alberta's oil sands to British Columbia's north coast. In the 2-1 ruling June 30, the three-judge panel found that Ottawa failed to properly consult the First Nations affected by the project. That the federal government's consultation efforts "fell well short of the mark," the ruling stated. "We find that Canada offered only a brief, hurried and inadequate opportunity...to exchange and discuss information and to dialogue." President of British Columbia's Haida Nation, Peter Lantin, said: "It's a great day for Haida Gwaii and the coast of BC. We're all celebrating a victory for the oceans and our way of life."

De Beers pressured in First Nation suicide crisis

Crisis teams are being deployed to the Cree community of Attawapiskat in northern Ontario, where more than 100 residents have tried to take their own life in the past seven months. Attawapiskat Chief Bruce Shisheesh said a state of emergency has been declared in the community, and Canada's Health Minister Jane Philpott called the situation "one of the most serious and pressing tragedies" facing the country." Hundreds more adolescents have attempted suicide, and hundreds more than that have been placed on a "suicide watch"—in a community of only 2,000. (Winipeg Free Press, April 25; CBC, CBC, April 11) 

Canada high court to hear prior consultation case

The Supreme Court of Canada announced March 10 will review two decisions of the National Energy Board related to aboriginal consultation. One case challenges a board decision to allow seismic testing in the waters off the east coast of Baffin Island, which is opposed by the Inuit village of Clyde River, Nunavut. The other is an appeal by the Chippewa of the Thames First Nation in southern Ontario of a ruling that approved the expansion of Enbridge corporation's Line 9 pipeline from the Alberta oil sands to a Montreal refinery. Both Clyde River and the Thames First Nation say they were not adequately consulted on the respective projects. Under Canada's Constitution, the Crown has a "duty to consult" and accommodate, wherever possible, indigenous peoples on any actions that may adversely affect their aboriginal and treaty rights. (Al Jazeera, March 20; CTV, March 10)

Mohawks threaten to block Energy East pipeline

The Mohawk nation is threatening to do everything legally in its power to block TransCanada's Energy East pipeline project, calling it a threat to their way of life. Mohawk Kanesatake Grand Chief Serge "Otsi" Simon warned in a March 9 letter to Quebec Premier Philippe Couillard that the project to move 1.1 million barrels of crude and shale oil a day from Alberta to refineries in Canada's east is "risky and dangerous" for First Nations and a threat to their lands, waters and very survival. "Indeed an alliance of indigenous nations, from coast to coast, is being formed against all the pipeline, rail and tanker projects that would make possible the continued expansion of tar sands," Simon wrote. "One thing for sure, we the Mohawks of Kanesatake will not be brushed aside any longer and we wish to press upon you that we reserve the right to take legal action if necessary to prevent the abuse of our inherent rights."

Louisiana tribe becomes first US 'climate refugees'

The Weather Channel reports that a French-speaking Indian tribe who live deep in the Louisiana bayou, some 50 miles south of New Orleans, became the United States' first official "climate refugees" last month when the federal government awarded them $48 million to relocate. The Biloxi-Chitimacha-Choctaw tribe has inhabited Isle de Jean Charles for centuries, but because of a slow-moving disaster caused by sinking land, climate change and oil exploration, they've all but lost the land they call home. With more than 1,900 square miles of land vanishing in the past 80 years, Isle de Jean Charles has been reduced from 11 miles long and five miles wide in the 1950s, to around two miles long and a quarter-mile wide today. The monies are part of $92 million awarded to Louisiana by the Department of Housing and Urban Development as part of a National Disaster Resilience Competition the state won, according to Indian Country Today.

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