CBC: SWN set to resume shale gas exploration Monday, chief says

SOURCE: http://www.cbc.ca/news/canada/new-brunswick/swn-set-to-resume-shale-gas-exploration-monday-chief-says-1.2325522

SWN set to resume shale gas exploration Monday, chief says

Elsipogtog First Nation Chief Aaron Sock calls on Premier David Alward to impose 6-month moratorium

CBC News Posted: Nov 01, 2013 5:17 PM AT Last Updated: Nov 01, 2013 5:53 PM AT

SWN Resources Canada intends to resume shale gas exploration near Rexton on Monday, just two weeks after a violent clash between RCMP and protesters, says Elsipogtog First Nation Chief Aaron Sock.

The company informed him of its plans, an angry Sock announced during a news conference, held Friday afternoon at the Moncton Casino.

Sock is calling on Premier David Alward to intervene.

He wants a six-month moratorium to allow time for meaningful negotiations, he said.

If the premier does not intervene, Sock could not speculate whether there will be more protests and blockades.

On Oct. 17, an anti-shale gas protest near Rexton turned violent after RCMP moved in to enforce a court injunction obtained by SWN against a blockade.

Six police vehicles were destroyed by fire and 40 people were arrested. Explosive devices, firearms, knives and ammunition were seized.

Sock met with the premier the following day and both sides agreed to a cooling-off period.

On Friday, Sock told reporters he felt deceived. He said Alward had told him he would contact SWN officials about postponing exploration, but it seems that did not happen.

In addition, Sock said no meaningful discussions have taken place since police raided the protesters’ camp on Route 134.

He said although the province has appointed a lawyer to deal with the matter, every time he has contacted the lawyer, the lawyer has claimed to be unaware of what he’s supposed to do.

On Saturday, members of Elsipogtog First Nation plan to begin reclaiming Crown land in Kent County by placing plaques on 50 separate 100-acre lots.

But Serge Rousselle, a professor of aboriginal law at the University of Moncton, contends it will be a symbolic exercise with no legal consequences.

Jailed protesters mistreated, lawyer says

Shale gas protester Jason Augustine says protesters are being treated unfairly by the RCMP. (Jessica Doria-Brown/CBC)

Meanwhile, earlier in the day on Friday, at another news conference held on the steps of the Moncton Law Courts, a lawyer representing five of the protesters jailed on Oct. 17 said their rights are being violated.

Alison Menard said four men are still in custody. “It’s been two to three weeks that these people have been detained, and it doesn’t seem like things are necessarily changing for the people who have been in detention,” she said.

Menard contends the arrested protesters have been mistreated while in custody.

“Is it normal for people to be held in segregation while waiting for their first court appearances? Is it normal for them to have access to no programs? Is it normal for them to not even have shampoo and in some cases toilet paper? Is it normal for them to be hit by somebody when they’re being handcuffed?

“I don’t think any of these things are normal,” she said.

“They are presumed innocent and I think regular folks would be very concerned by the way these people, and other people, are treated when they’re in the detention centre.”

Menard is urging citizens to write the provincial ombudsman and ask that the allegations of mistreatment be looked into, saying such actions should concern all New Brunswickers.

Jason Augustine, one of the arrested protesters who has since been granted bail, says he wants ordinary citizens to know how he was treated while detained.

“I was in the hole, we called it the hole, for eight days. I was denied a lot of access there. Each time I said, ‘I want to talk to my lawyer,’ they said, ‘No, you’re not allowed, it’s after hours, you can’t talk to your lawyer.’ With the rights I know, I am obligated to talk to my lawyer … the rights they were denying me of. That was uncalled for,” he said.

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APTN: Mi’kmaq Warrior Society members say they were beaten, roughed-up after arrests

SOURCE: http://aptn.ca/pages/news/2013/10/31/mikmaq-warrior-society-members-say-beaten-roughed-arrests/

Mi’kmaq Warrior Society members say they were beaten, roughed-up after arrests

National News | 31. Oct, 2013 by | 0 Comments

Mi’kmaq Warrior Society members say they were beaten, roughed-up after arrests

(Mugshots of Mi’kmaq Warrior Society members arrested during Oct. 17 raid.)

By Jorge Barrera
APTN National News
Two members of the Mi’kmaq Warrior Society say they were roughed up and beaten by RCMP officers and jail guards after they were arrested following a heavily-armed raid on a Mi’kmaq led anti-fracking camp in New Brunswick earlier this month.

Jason Augustine, Warrior Society district chief, said he was kicked in the head by an RCMP officer after he was cuffed and arrested during the Oct. 17 raid.

Augustine said he was later diagnosed with a concussion at the hospital in Moncton, NB.

“I was kicked in the head three times when I was taken down,” said Augustine. “I wasn’t resisting arrest, I had my hands behind my back, and this one RCMP started bashing my head in.”

Augustine said he was nodding-off while he was held in one of the cells with other warriors at the Codiac RCMP detachment in Moncton. He claimed his head was hit against the wall as he was being taken to the ambulance.

“One of the guys called the guards up and said I needed an ambulance,” said Augustine. “The RCMP picked me up, they roughed me up and hit my head against the wall when they were taking me to the hospital.”

David Mazerolle, another Warrior Society member, claimed in a YouTube video that Aaron Francis was beaten while handcuffed as he was being taken to a cell at the South East Regional Correction Centre in Shediac, NB.

“After we got split up and put into solitary confinement, my buddy Aaron as he was getting transferred, got beat up while he was in handcuffs,” said Mazerolle, in the video.

Augustine and Mazerolle, who were released from custody last Friday, both said they were denied use of the telephone.

Augustine said all six of the warriors kept in custody following the raid were put into solitary confinement.

An official at the correction centre referred queries on the allegations to New Brunswick’s Public Safety department. The department did not return telephoned and emailed requests for comment.

RCMP spokesperson Const. Jullie Rogers-Marsh said she would look into the issue before providing a response.

A total of 40 people were arrested the day of the raid which spiralled into chaos after members of the Elsipogtog First Nation clashed with police.

The RCMP raid, which included tactical unit members wearing camouflage and wielding assault weapons, freed several vehicles owned by a Houston-based company doing shale gas exploration work in the region. The anti-fracking camp was blocking SWN Resources Canada’s trucks from leaving a compound in Rexton, NB.

Augustine and Mazerolle face several charges including forcible confinement, mischief, assaulting a peace officer and escaping lawful custody.

Augustine also denied RCMP allegations that the warriors forcibly confined security guards employed by Industrial Securities Ltd in the compound holding SWN’s vehicles.

Augustine said the security guards were escorted by the RCMP at the beginning and end of their shifts.

“They were not held unlawfully,” he said. “They stayed there until their shift changes.”

Augustine also denied RCMP allegations that the warriors uttered death threats or brandished weapons at the security guards.

“There were no death threats, we had nobody in confinement and we had no weapons,” he said.

The RCMP held a press conference following the raid where they displayed three rifles and ammunition seized during the raid. The RCMP said officers also found crude explosive devices.

Augustine claimed the guns and explosives were planted after the raid.

“I do believe they were planted, they knew we wanted peace,” said Augustine. “They had a one track mind to hurt the warrior society.”

Augustine said the warriors were prepared to negotiate the release of SWN’s vehicles.

“They kept telling me, ‘we just want the trucks out’ and I said I was going to our War Chief to tell him to get the trucks out,” said Augustine.

Augustine said he was shot four times by RCMP officers using bean-bag rounds.

He said two RCMP officers presented the warriors with tobacco bundles the night before the raid.

Augustine said his main defence against the charges will be to demand a hearing before an international court.

“Under our treaty laws we have to go to international court,” said Augustine. “We can’t be under the Crown because we are not under the Indian Act, we are treaty people.”

Since spring 2013, RCMP in New Brunswick arrested 82 people in connection with anti-fracking related protests.

jbarrera@aptn.ca

@JorgeBarrera

Rabble: Out of order: Indigenous protest and the rule of law

Out of order: Indigenous protest and the rule of law

| October 21, 2013

Out of order: Indigenous protest and the rule of law

Sometimes it helps to put things in order, in precedence and priority, in order to see them clearly.  This is one of those times.

With today’s lifting of the injunction preventing anti-fracking protests in New Brunswick, the first question that comes to mind is why the RCMP felt it necessary to provoke the conflict that occurred last Thursday.

Having waited two weeks, they could have waited another five days to see what the law would rule on the issue, but instead showed up at a previously peaceful protest with hundreds of officers, snipers, dogs, riot gear and tear gas.

The chaos that followed led to plenty of negative media coverage of the protests, which is convenient for the Texan seismic testing company SWN, their partners Irving Oil, and the provincial and federal governments, but decidedly inconvenient for the Elsipogtog First Nation.

Questions around whether the protesters, agents provocateur, or the RCMP themselves set the police cars on fire and who was responsible for the “cache” of weapons the RCMP were so keen to display will likely never be answered.  As no charges are pending for those questions, no legal finding of fact will be made.  This, too, is a convenient result for those wishing to assign blame based on prejudice rather than facts, but unhelpful to the rest of us.

The events of October 17 also added to the pre-existing mistrust between the parties – something UN Special Rapporteur James Anaya had highlighted in his preliminary report on Canada’s human rights abuses one week ago – and make a negotiated settlement of the issues less likely, adding to the probability of future conflict.  Again, this is rather inconvenient for those of us who would prefer a turn toward the reconciliation the Supreme Court has ordered and the Crown claims to seek, but decidedly advantageous to those who wish to continue the status quo.

More broadly, what the events of last week reveal is the ongoing confusion over the idea of “the rule of law” among the media and public alike.

Every time Indigenous people block a road or a rail line, or even slow traffic to hand out information pamphlets, there is outrage over the failure to respect and enforce the rule of law.  These are almost always temporary events, usually amounting to minor inconvenience, occasionally some damage to property, rarely an injury to anyone except the protesters.

Yet, every day of the last 250 years, the Crown has violated the rule of law.  It will do so again today and again tomorrow.  And there will be no public outrage.

The Peace and Friendship Treaty of 1761 between the Mi’kmaq and the Crown governs the area in New Brunswick where the anti-fracking protests took place.  It did not cede any land, but that is inconvenient and so the Crown shows it no respect.

Nor is the Crown fully respecting other treaties across the country, whether historic or modern, another point UNSR Anaya mentioned.  Nor is it respecting its own Royal Proclamation of 1763.

All of these documents are valid international law and enshrined in Canada’s Constitution domestically, surely more important law than a temporary injunction covering a few metres of highway.

The net effect of the Crown’s violation of the rule of law is a 50% poverty rate among First Nations children, a 30% earned income gap for Indigenous people, grossly disproportionate rates of suicide and other social ills, hundreds of missing and murdered Indigenous women, and the ongoing destruction of the environment, any one of which is surely more important than a traffic delay or a dent in SWN’s bottom line.

If, as I argue here, the significance of the laws being broken by the Crown is greater both as a matter of law and in effect, the priority for respecting those laws seems clear.

The hundreds of court cases won by First Nations against the Crown over the past 40 years are more than sufficient evidence of the Crown’s utter contempt for the rule of law when it comes to Indigenous rights in this country.  And yet, politicians, media and members of the public will portray last week as another example of Indigenous peoples’ intransigence.  None of them will give a moment’s thought to the ongoing violation of the Peace and Friendship Treaty of 1761, a continuing violation that preceded last week’s events by over 250 years.

It is time to put these matters in order, because clearly there is no peace.  And with friends like these….

SubMedia: Frontline documentary on the October 17 Attack

To view the video, go to:

http://www.submedia.tv/stimulator/2013/10/20/showdown-at-highway-134/

Showdown at highway 134

With some of the only video from behind police lines, subMedia.tv witnessed the brutal raid by the Royal Colonial Mounted Police on the Mi’kmaq blockade of fracking equipment. But the fierce response of the community in defense of the warriors was also captured on camera. We bring you the real story about what really went down on Highway 134, the story that the corporate media doesn’t want you to see.

HMC: Mi’kmaq Warrior risks losing leg after being shot by RCMP rubber slug in Thursday’s cop attack

SOURCE: http://halifax.mediacoop.ca/story/mikmaq-warrior-risks-losing-leg-after-being-shot-r/19398

Internal bleeding went untended for two days due to shock.

by Miles Howe

Tyson Peters addresses a crowd today at a community meeting in Elsipogtog. [Photo: Miles Howe]
Tyson Peters addresses a crowd today at a community meeting in Elsipogtog. [Photo: Miles Howe]

Elsipogtog, New Brunswick – It has taken three days, but sadly there is now the potential of a very serious injury arising from last Thursday’s early morning RCMP attack on the anti-shale gas encampment that occurred on a piece of Crown land adjacent to highway 134.

Tyson Peters, a member of the Mi’kmaq Warriors Society, today appeared at a community meeting in Elsipogtog using two friends for support. His left leg was heavily bandaged. He tells the Halifax Media Co-op that after being shot in the leg by a ‘rubber bullet’ shotgun blast, fired by an RCMP officer at close range, there is extensive internal bleeding in his leg. Doctors have advised him that they will know better tomorrow whether the leg will require amputation.

Peters, who was asked by his uncle to join the Warriors Society, was amongst several people shot by the RCMP with rubber bullet shotgun shells during the violent arrest of 40 people on Thursday. Peters was at the second confrontation between anti-shale gas activists and police, which occurred after an RCMP tactical squad arrived in the pre-dawn hours with about 60 guns drawn to serve an SWN Resource’s Canada injunction to about 15 odd people.

“I had to jump in front of a woman and take a rubber bullet,” says Peter. “I didn’t go for help for two days. I was walking on it for two days and couldn’t feel it. I was in too much shock.

“[Doctors at St. Anne hospital in New Brunswick] told me I might be losing my leg.”

While the RCMP has been very forthcoming in their public display of three apparently-seized rifles from the Warriors encampment near highway 134 (none of which were ever used at the encampment), the police have remained totally mum on their use of rubber bullet shotgun shells during both confrontations with anti-shale gas activists on the 17th. Numerous incidents of maiming and blinding by rubber bullets and slugs have been documented over the history of their use.

The Halifax Media Co-op will update this story as new becomes available.