APTN: John Levi, war chief, speaks about anti-fracking protest

SOURCE: http://aptn.ca/pages/news/2013/07/12/john-levi-war-chief-speaks-to-aptn-about-anti-fracking-protest/

John Levi, war chief, speaks to APTN about anti-fracking protest

National News | 12. Jul, 2013 by | 0 Comments

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APTN National News

He says he’s a warrior chief defending the land from environmental destruction.

John Levi leads a group from Elsipogtog First Nation in New Brunswick who are fighting against a fracking company looking for shale gas.

The battle may be unwinnable, but Levi isn’t giving up.

APTN’s Ossie Michelin has the story.

HMC: Interview with AFN Regional Chief for NB and PEI, Roger Augustine

SOURCE: http://halifax.mediacoop.ca/audio/great-spirit-will-look-after-people-look-after-wat/18226

“The Great Spirit will look after people that look after water.”

Interview with AFN Regional Chief for NB and PEI, Roger Augustine

by Miles Howe

» Download audio file

Roger Augustine visited the sacred fire encampment in Elsipogtog on July 10th, 2103, his 66th birthday. [Photo: M. Howe]
Roger Augustine visited the sacred fire encampment in Elsipogtog on July 10th, 2103, his 66th birthday. [Photo: M. Howe]

ELSIPOGTOG, NEW BRUNSWICK – Yesterday, July 10th, was Roger Augustine’s birthday. Augustine is the Assembly of First Nations’ Regional Chief for New Brunswick and Prince Edward Island.

As promised on June 30th, Augustine spent the morning of his birthday at the sacred fire encampment in Elsipogtog, which for over a month now has represented the physical rallying point for those opposed to SWN Resource Canada’s attempts at shale gas exploration in New Brunswick.

When I spoke with Roger on June 30th, he didn’t have an opinion on shale gas, or at least not one he was willing to share publicly.

I wondered if the hours he spent at the sacred fire had given Augustine something upon which to make a public stand in regards to shale gas exploration in New Brunswick.

Please enjoy the following interview with AFN Regional Chief for New Brunswick and PEI, Roger Augustine.

IW: Elsipogtog First Nation Shale Gas Protests Update from Halifax Media Co-op Reporter Miles Howe

SOURCE: http://indigenouswaves.com/2013/07/10/elsipogtog-first-nation-shale-gas-protests-update-from-halifax-media-co-op-reporter-miles-howe/

Elsipogtog First Nation Shale Gas Protests Update from Halifax Media Co-op Reporter Miles Howe

Posted by indigenouswavesradio on July 10, 2013 · Leave a Comment

Two weeks ago Indigenous Waves spoke to Warrior Chief John Levi from Elsipogtog First Nation regarding the protests being led by his community against SWN Resources and the shale gas exploration they are engaged in on Mi’kmaq traditional territory. Since then, John Levi has been arrested, and as of Monday July 8th, 2013 was released. Halifax Media Co-op reporter Miles Howe has been covering the story since early June 2013, and was himself arrested for an incident RCMP claim took place two weeks prior to Howe’s arrest. Miles Howe joined Indigenous Waves this past Monday to discuss the events leading up to both his and War Chief John Levi’s arrest, as well as to give some further background to SWN Resource practices, the RCMP offering him cash in exchange for information and the Crown attempt to prevent Warrior Chief John Levi from giving advice to his community.

Miles Howe is a reporter and photographer for Halifax Media Co-op.

Playlist:

Darah – Australian History 101

A Tribe Called Red – Different Heroes f. Northern Voice

A Tribe Called Mi’kmaq – Calling All Warriors

Ode’min Kwe Singers – A.I.M. song

Whitefish Bay Singers – Anishinaabe Round Dance

Originally Aired Monday July 8, 2013

HMC: The problem with Line 5

SOURCE: http://halifax.mediacoop.ca/story/problem-line-5/18217

The problem with Line 5

Aerial surveillance shows SWN’s bush-cut seismic test line slashes through hunting grounds, sensitive areas

by Miles Howe

RCMP routinely block access to SWN Resource Canada's 'Line 5' [Photo: Miles Howe
RCMP routinely block access to SWN Resource Canada’s ‘Line 5’ [Photo: Miles Howe
Terrain in line 5 is relatively pristine, and comprises traditional Mi'kmaq hunting grounds. [Photo: Miles Howe]
Terrain in line 5 is relatively pristine, and comprises traditional Mi’kmaq hunting grounds. [Photo: Miles Howe]
Aerial surveillance notes that SWN has begun to cut a seismic test line through the bush. The coordinates for the northern head of the line are: N 46 41.155 W 65 32.699 [Photo: Miles Howe]
Aerial surveillance notes that SWN has begun to cut a seismic test line through the bush. The coordinates for the northern head of the line are: N 46 41.155 W 65 32.699 [Photo: Miles Howe]

See also:

ELSIPOGTOG – Large caravans of pick up trucks, fuel trucks, security trucks and a variety of other equipment continue to depart from the Moncton Holiday Inn on a daily basis. SWN’s contracted workers, the majority of whom are currently employed by Houston-based company Geokinetics, have been residing at the Holiday Inn for weeks now.

The daily pattern for most workers, as of this week, is a 6:45am visit to the Tim Horton’s counter at the local gas station. They then begin the process of organizing themselves for the 93 kilometer journey north along highway 126 to Rogersville. Some pieces of equipment do exit the highway earlier than Collette road, just north of Rogersville. It is not currently established where they work for the day.

The majority, as of July 10th, now take the Collette road exit. Equipment is usually flanked by security trucks, who, despite the illegality of the action, have been known to block Collette road against any non-SWN associated traffic. The majority of the security force is at the moment employed by Irving-owned Industrial Security Limited.

What happens then is a bit of a mystery. The equipment, which includes at least two ‘shot-hole’ drillers, is supposed to be running a north-south seismic testing line, with the Collette road entrance to the line representing near the northerly extremity of the line.

Due to continuous RCMP assistance in blocking access to the roads, aerial surveillance and walking scouts currently represent amongst the only means of gathering information as to the progress of the seismic line.

Both means of data gathering have painted an as-yet incomplete picture of the work, but scouts along the southern tip of the line report east-west cross roads having been flagged and laid with drilled charges. Whether all these charges have been detonated or not is unknown.

To the north of the line, aerial data gathering has indicated that SWN has moved slightly to the east of the seismic line route they have publicly presented in available maps. Instead, they appear to have begun to carve themselves a north-south clear cut line that begins at coordinates N 46 41.155 W 65 32.699. How far this line goes and where equipment is on this line is currently unknown.

This seismic line cuts squarely through traditional Mi’kmaw hunting grounds, and it is not uncommon to spot moose, deer, bear, fox and porcupines wandering through the terrain. The northern section of the line also appears to have some sizeable wetlands in it, and the line itself is on the Northern tip of the Richibucto River watershed.

The Richibucto watershed, according to a 2008 Ecosystem Overview published by the Department of Fisheries and Oceans, is the fourth largest river basin in Eastern New Brunswick.

The watershed is also not particularly well-suited to industrial incursions. The peat moss industry, by no means comparable to the water-intensive process of hydraulic fracturing, has notably caused chemical and heavy metal contamination of the watershed, as well as threats to the ecosystem productivity, threats to aquatic fauna and changes to behaviour in aquatic species.

According to the Shale Gas Information Platform, a typical hydraulically fractured well requires anywhere from 10 to 30 million litres of water per well. The consequences of removing this much water, per well, from the Richibucto watershed – and walking scouts suggest there are scores of potential wells along line 5 alone – are not known.

With only the Atlantic Industrial Services plant in Debert, Nova Scotia, available to potentially ‘treat’ this water, what will happen to all the post-hydraulically fractured water is also not known. The Debert plant has a maximum capacity about equivalent to two fractured wells, and has already been caught dumping over 7 million litres of untreated post-hydraulically fractured water down the municipal sewer system in Windsor, Nova Scotia.

HMC: John Levi Free after weekend in prison

SOURCE: http://halifax.mediacoop.ca/story/john-levi-free-after-weekend-prison/18210

John Levi Free after weekend in prison

Crown stumbles in attempt to incarcerate Elsipogtog war chief, asks that he give no advice to community.

by Miles Howe

Levi and his soon-to-be wife share a hug upon his release. [Photo: Miles Howe]
Levi and his soon-to-be wife share a hug upon his release. [Photo: Miles Howe]

See also:

MONCTON, NEW BRUNSWICK – It was standing room only today in courtroom 2 of the Moncton provincial courthouse, as supporters of Elsipogtog War Chief John Levi came to show solidarity with one of the key voices against SWN Resouces Canada’s attempts to explore for shale gas in Kent County, New Brunswick.

Levi, who had been imprisoned since Friday, July 5th – on charges of mischief and obstructing justice related to events of June 21st – appeared today for a bail hearing, and it was clear from the outset that the Crown would be arguing against Levi’s release.

Levi’s charges had also breached the conditions of a May 30th, 2012, conditional sentence, related to an altercation with Department of Fisheries officers, where it is alleged that one officer hit Levi’s son with a paddle.

Crown prosecutor Roy – from the outset ill-prepared in forgetting to share her documentation with defense lawyer T.J. Burke – argued against Levi’s release, based on the Crown’s estimation that Levi was likely to re-offend, as well as that his detention was necessary to maintain confidence in the justice of the Crown.

Roy’s first witness was a Constable Berube, who testified that Levi had “a history of violence against police officers and officers of the law.” Berube – apparently – based this determination upon the altercation with fisheries officers, a June 4th, 2013, seizure of a Stantec truck in Elsipogtog, as well as the alleged charges related to June 21st.

Burke was quick to reduce Berube’s testimony to little more than ill-formed conjecture. Berube had not been present at the altercation between Levi and the fisheries officers; no charges had ever been laid related to the June 4th truck seizure; nor was there any damage to people or property; nor was there any proof that Levi had even driven the seized truck. As for the charges related to June 21st; they are currently nothing more than allegations.

Roy’s second witness, Troy Sock, was Levi’s probation officer. It is unclear why Roy called Sock to the stand as a Crown witness, because the probation officer was quick to endorse Levi’s character as an “ideal client” who was “timely and showed up to every meeting”.

Sock noted that for the past 13 months Levi had met every one of fifteen conditions laid out for him in his conditional arrest, including several calls daily to Sock during an initial 6 months of house arrest.

T.J. Burke’s only witness to the stand was John Levi. Those in attendance learned that Levi had been sober for over 5 years, was readying himself for his duties as a Sun Dance leader, and was slated to be married to his partner of over 27 years – and the mother of their three children – in late July.

Roy’s cross-examination of Levi appeared to be based more in a curiosity for a traditional way of life than any possibility of proving that the War Chief was likely to re-offend. At one point Roy asked Levi: “What is a smudge?”

Roy also appeared interested in trying to bait Levi in strange, philosophically-based questions related to his opinions on protesting. She asked several times whether Levi though that protesting was “an absolute right.”

For the record, Freedom of Assembly is embedded in Section 2 of the Canadian Charter of Rights of Freedoms.

Recognizing that the Crown’s case to keep Levi incarcerated was beat, Roy then appeared to turn to the fantastic in what must be interpreted as a Hail-Mary attempt to keep the War Chief muzzled.

In asking for conditions to be applied to Levi upon his release – in what may well be a first in any Canadian court of law at any level – Roy asked that Levi “not be allowed to provide advice to any member of the community.” This request provoked guffaws and chortles of laughter from the packed courthouse.

At this point both Burke and the judge agreed that this would be in effect removing Levi’s constitutional right. No one, Crown included, seemed to know exactly how they would in fact ensure that this condition was met.

Finally, it was agreed that Levi would be released immediately, with no bail. His conditions are to keep the peace and be on good behaviour, and not be within 100 meters of SWN Resources Canada’s equipment.

Upon release, Levi was met by a cheering crowd of about 60 people.

CPT: Warrior Chief John Levi released from custody

Source: Christian Peacemaker Teamshttp://www.cpt.org/cptnet/2013/07/08/aboriginal-justice-warrior-chief-john-levi-released-custody

ABORIGINAL JUSTICE: Warrior Chief John Levi released from custody

July 8th, 2013

CPTnet
8 July 2013
ABORIGINAL JUSTICE: Warrior Chief John Levi released from custody

John Levi
Chief John Levi (photo by Greg Cook SJ)

Warrior Chief John Levi is free on his own recognizance.  After a hearing held on the Crown’s request to have him remain incarcerated, the presiding Judge ordered his immediate release with the stipulation that he remain 100 meters away from SWN corporation equipment or any of its subcontractors’ machinery and equipment.

Many native and non-native people packed the courtroom to show their support; court officials permitted people to stand in the back as the seats filled up.  When Levi’s case was called, and as he entered the courtroom, people stood in unison.  His supporters had also done so on Friday, 5 July, at the initial hearing.  A different judge heard the matter today, and he ordered spectators to remain seated, saying he would clear the courtroom if they did not follow proper court decorum.

The Crown prosecutor attempted to show that should the court release Levi, a substantial likelihood of future criminal conduct existed and that detention was necessary to maintain “confidence and administering justice.”  The Crown’s own witness, Levi’s supervising probation officer, testified to the contrary.

The judge emphasized in his decision that Levi’s probation officer called him an “ideal client,”  noting, “we don’t hear that very often.”  Levi was subject to fifteen conditions when convicted for a 2011 violation when he was trying to exercise his treaty fishing rights.  He received an eighteen-month conditional discharge sentence. Levi has met fourteen of the fifteen conditions  and completed thirteen months of the eighteen month sentence, with “no problems.”

As for the condition that the Crown alleges Levi has breached (to keep peace and be of good behavior), the judge noted that Levi has not been convicted of any wrongdoing and the testifying RCMP officer had no first-hand knowledge of the facts leading to the arrest.  The Crown had called the ‘duty officer’ and not the arresting officer, which apparently, is standard.  Levi’s probation officer also testified that the Royal Canadian Mounted Police (RCMP) called him Thursday, 4 July advising him that they were filing charges and asked “what he needed from them” to “lay a breach” petition.

As for the charges of mischief and obstruction, the Crown is clearly attempting to criminalize and penalize Levi’s supposed standing in the community.  The Crown alleges that Levi incited and encouraged people to be arrested on 21 June (those arrests form the basis for the obstruction charge).  The Crown attorney noted that Levi bears the title “Warrior Chief,” that people stood up in court today to support him when he walked in and that the courtroom was packed with supporters, which means people look to him to guide their actions.  The Crown even asked that the judge order Levi not give advice to anyone in the community.  The judge was not amused with this request.

The Crown’s entire presentation demonstrated a fundamental lack of awareness and knowledge pertaining to traditional Mi’kmaq practices, especially as it relates to the title “Warrior Chief,” the nature of leadership within the community, the ceremonial practice of smudging, and the forthcoming Sundance ceremony.

The next hearing will occur on 31 July at 9:30 a.m.

APTN: (video) Reporter arrested by RCMP alleges he turned down offer to become paid informant

SOURCE: http://aptn.ca/pages/news/2013/07/05/reporter-arrested-by-rcmp-alleges-he-turned-down-offer-to-become-paid-informant/

Reporter arrested by RCMP alleges he turned down offer to become paid informant

National News | 05. Jul, 2013 by | 1 Comment

By Jorge Barrera
APTN National News
An independent reporter charged Thursday by the RCMP in New Brunswick allegedly rejected the force’s offer to become a paid informant.

Miles Howe, a reporter with the Halifax Media co-op, was released late Thursday afternoon from the Codiac RCMP detachment after he was arrested on Salmon River Rd. where RCMP officers were restricting access to an area under shale gas exploration.

Howe faces charges of uttering threats and obstructing justice stemming from an incident that occurred June 21 during an anti-shale gas protest near Elsipogtog, a Mi’kmaq community in northern New Brunswick.

Howe, however, said he was approached by the RCMP on June 30 to become a paid informant and pass information to the police on the people he had been reporting on for weeks.

Howe said they told him “we could compensate you financially,” but they didn’t present a specific dollar figure.

“The funny thing about this situation is that one week ago they were offering me money to inform for them and now they are charging me with an incident that allegedly occurred two weeks ago,” said Howe.

RCMP spokeswoman Cpl. Chantal Farrah said in an email the RCMP couldn’t talk about informants and referenced a Supreme Court ruling.

“Given the broad scope of informer privilege I would have no knowledge of any informant relationship, in this case or any others, nor would the RCMP be able to comment on such a topic,” said Farrah. “The Supreme Court of Canada has upheld the importance of protecting this police officer/informant relationship.”

Howe believes that his charges are part of an attempt by the RCMP to get at Elsipogtog War Chief John Levi.

Levi has been charged with obstructing a peace officer. He was charged the same day Howe was arrested. Levi was informed he was being charged at 2 p.m. Thursday during a meeting with his probation officer.

Howe was arrested at 12:34 p.m.

The charges against both men are linked to a protest that occurred on June 21 along Hwy. 126.

The RCMP allege that Levi helped Howe evade arrest during the heated protest.

The RCMP also allege that Levi told protesters to “stand their ground,” according to Levi’s information sheet.

Sgt. Richard Bernard, who arrested Howe Thursday, is the main source of the allegations.

“On the side of the roadway, a man yelled, ‘Bernard you’re going to pay for this,” the information sheet alleges. “Sgt. Bernard looked over and saw a slim built man, with a black ball cap that had the word ‘dad’ on it.”

The information sheet alleges that Bernard tried to arrest the man, but he escaped his grasp and eventually fled in Levi’s truck.

None of these allegations have been proven in court.

“To me the fact Levi was charged (Thursday), an hour and a half after I was charged, suggests an intent to remove a capable man (Levi) from his appointed duties, rather than a desire to uphold the law,” said Howe.

Levi is being held in custody over the weekend for allegedly breaking his probation. He has a scheduled court date Monday.

jbarrera@aptn.ca

@JorgeBarrera