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Treaties and Land Claims

Wet’suwet’en protests against Coastal GasLink

February 8, 2022

Canada’s National Observer – Gidimt’en land defenders are calling for the United Nations to visit Wet’suwet’en unceded territory to witness the alleged violation of Indigenous rights. On Monday, the land defenders filed a formal submission to the UN Human Rights Council’s expert mechanism on the Rights of Indigenous People arguing Canada is violating several articles under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

The submission specifically outlines three significant police raids into the Wet’suwet’en yintah in January 2019, February 2020 and November 2021, which led to the arrests of 74 people in total.
“Ongoing human rights violations, militarization of Wet’suwet’en lands, forcible removal and criminalization of peaceful land defenders, and irreparable harm due to industrial destruction of Wet’suwet’en lands and cultural sites are occurring despite declarations by federal and provincial governments for reconciliation with Indigenous peoples,” the submission reads.

“By deploying legal, political, and economic tactics to violate our rights, Canada and B.C. are contravening the spirit of reconciliation, as well as their binding obligations to Indigenous law, Canadian constitutional law, UNDRIP and international law.”

Notably, the UN says Canada “provided no information on measures taken to address the concerns raised by the committee,” and that Canada is improperly interpreting UNDRIP. As the letter describes, Canada’s interpretation of obtaining free, prior and informed consent is “to guarantee a process, but not a particular result,” which contradicts the basic premise of consent. The UN asked Canada to respond to its comments by Nov. 15.

Ottawa neglected to file its response by the deadline and now says it aims to respond sometime this year.