HMC: Prelude to the Raid: Interview with Warrior Society District chief suggests Irving-owned security, RCMP, engaged in pre-October 17th charge trumping

SOURCE: http://halifax.mediacoop.ca/story/prelude-raid/19596

Prelude to the Raid

Interview with Warrior Society District chief suggests Irving-owned security, RCMP, engaged in pre-October 17th charge trumping.

by Miles Howe

Why did this Industrial Security Limited employee approach a sacred fire, while armed, on October 15th? [Photo: Miles Howe]
Why did this Industrial Security Limited employee approach a sacred fire, while armed, on October 15th? [Photo: Miles Howe]

REXTON, NEW BRUNSWICK – The dominant police-fuelled discourse circulating is that on October 17th, the police were forced to raid an armed camp of anti-shale gas protestors along highway 134, near Rexton, New Brunswick.

Adding fuel to this narrative is the fact that the police have laid several charges, ranging from threats to assault to unlawful confinement, in relation to events that they claim occurred on October 15th and 16th.

The end result is a story in which the RCMP, despite drawing in Emergency Response Teams from Nova Scotia, Prince Edward Island, Quebec and New Brunswick; despite raiding an until-then peaceful encampment with guns drawn in the pre-dawn on the 17th; despite firing numerous rounds of less-lethal ammunition into unarmed people at point blank range; and despite spraying men and women with pepper spray, were simply de-escalating a tense situation.

However, an interview with Signigtog District War Chief Jason Augustine – himself present at the encampment since it’s inception, and now facing numerous charges – begins to peel back the layers of the RCMP’s imagery, and presents a very different recounting of events that occurred over October 15th and 16th.

It’s a story that shows a clear attempt by Irving-owned Industrial Security Limited to taunt and bait members of the Warriors Society on October 15th and 16th – in some cases going directly against already-negotiated agreements that existed between the Mi’kmaq Warriors Society and the RCMP – in order to create a fiction in which the Warriors could be later charged with a variety of accusations that supposedly occurred on those two days.

It’s also a story that shows the RCMP negotiating in extremely poor faith..

Since late September, 2013, Irving-owned Industrial Security Limited was the main security unit patrolling the fenced-in compound where SWN Resources Canada’s equipment was being held along highway 134. Generally, and for the duration of the life of the encampment, there were between about four and ten security guards patrolling the fenced-in area.

The fenced-in compound had one main gate, at the corner closest to the access road to highway 134. But the fence around the compound itself was not a permanent structure, and pieces could quickly be latched and unlatched, creating make-shift gates at any desired point.

Indeed, because the one main gate opened onto the 134 access road, which had become one of the main traffic points of the encampment, Augustine notes that the Warrior Society and the RCMP had earlier negotiated that ISL shift changes would take place via an already-built back road that opened onto an off-ramp of highway 11.

ISL guards would leave the fenced-in compound at the extreme opposite corner of the compound, about 200 meters from the main gate, through a make-shift gate. This was a scenario that had been taking place in good faith for numerous days prior to October 15th.

“We had already set a negotiation [regarding] the backside [of the compound]”, says Augustine. “We made them a road where [ISL workers] could go in and back out. And each time the shift change started there were always two Warriors and four RCMPs [to escort the workers]. We negotiated that with Denise Vautour and Marc Robichaud (two of the RCMP’s negotiators). We negotiated that and we all said ‘That’s pretty good, we’re in a working [compromise] right now.’”

Yet on October 15th, in a situation that Augustine cannot remember happening during the duration of the encampment, an ISL security guard, later identified as former New Brunswick Highway Patrolman Gary Flieger, opened the front gate of the fenced-in compound and began wandering around an area of the encampment where a sacred fire had been lit.

He had crossed a line of cedar that had been placed on the gravel road in front of the sacred fire, and was standing – armed, according to Augustine – in front of the fire. This was where Coady Stevens, another member of the Warriors Society, found Flieger.

It is of particular importance to note that – according to Augustine – the Warrior Society and the RCMP had even negotiated for the possibility that an ISL security guard would want to come and pray at the sacred fire. The guards could come and pray any time they wanted, but neither they, nor anyone else, was permitted to bring weapons of any kind to the sacred fire.

“[ISL] already knew,” says Augustine. “When we negotiated the first time, when an ISL worker comes out to the sacred fire – because they were welcome, anytime they were welcome – as long as they don’t have any weapons. [But] they could come and pray with us anytime they want. And that was part of the negotiations. They could come out at any time and pray with us, or go out the back way and shift change then.”

Augustine describes a brief altercation that then took place, one that he suggests Flieger took to a physical level. But for one quick push of Flieger, and for escorting Flieger back through the front gate of the fenced-in compound, Coady Stevens – who remains incarcerated and who was denied bail – faces charges of assault, threats and unlawful confinement. All these charges are, of course, pre-October 17th.

Lost in the dominant narrative is why Flieger left the front gate of the compound on the morning of the 15th and wandered, armed, to a sacred fire. Lost also is how, with an already-built back gate that was frequently used, any of this constitutes unlawful confnement.

There was no shift change taking place at the time. Indeed shift changes took place at the exact other end of the fenced-in compound. If Flieger wanted to pray at the sacred fire, not something he had done during any of his other shifts, Augustine suggests that he was welcome to do so – provided he approached the fire unarmed.

This is especially problematic if, as Augustine suggests, RCMP negotiators Denise Vautour and Marc Robichaud had already negotiated these terms in good faith with the Warriors.

Augustine notes that on the evening of the 15th, RCMP negotiator Denise Vautour again texted him, asking about the altercation that had happened.

“On the night of the 15th I got a text from Denise [Vautour] saying ‘What’s going on down there? How come a Warrior is pushing ISL?’” says Augustine. “Right off the bat we told them ‘Hold it. ISL came out to the sacred fire with his weapon out. Remember when we negotiated that they’re not supposed to have weapons around the sacred fire.’ She said ‘OK, we didn’t know that.’ Then she asked if we could meet. I said ‘Yes, we’ve got to meet and talk about this and resolve this as quick as possible, in a peaceful way’…That night we all agreed that: ‘Yes, everything is peaceful again. Let’s keep it that way.’”

The morning of the 16th, apparently, was out of the ordinary as well. Augustine notes that ISL staff was being especially belligerent to the Warriors who were stationed at the fence.

“When I came out I told [ISL]: ‘Whoa guys you have to be peaceful,’” says Augustine. “This was from the RCMP. I told them right of the bat that we’d been negotiating all this time for peace, and that you guys have to cooperate with us.”

Several Warriors have been charged with threats related to the 16th of October. It is assumed that these charges are related to this series of verbal altercations.

Augustine notes that the Warriors had also already negotiated with the RCMP in order to create a neutral ‘no-go’ zone around the fenced-in compound, in order that ISL security working within the fenced-in compound would not be verbally harassed by over-exuberant activists.

“It was always a concern for their safety too,” says Augustine. “We wanted them safe, because we knew that they were only there for their jobs.

“That morning, when things were escalating, right off the bat we went to Denise [Vautour] and Marc [Robichaud] and said ‘You’ve got to help us. These guys are not being peaceful. You guys have got to help us bring in the RCMP instead of ISL.’”

Mid-morning of the 16th, another meeting was held between the Warriors Society and the RCMP. In effect, what was being negotiated was a replacement of ISL security – which over the last two days had begun to act in an aggressive manner – with an RCMP contingent that would either remain in the fenced-in compound or patrol the ‘no-go’ zone – and monitor SWN’s equipment. In the interim, Augustine notes that he asked for the Warriors to vacate the ‘no-go’ zone to de-escalate the situation.

According to Augustine, after analyzing the situation, RCMP negotiators Vautour and Robichaud came to a similar conclusion as the Warriors: It was ISL security who was escalating the situation, not the Warriors.

“Denise [Vautour] and Marc [Robichaud] came along and said: ‘Jason, the RCMP are coming now, they’re going to take [ISL] out for you. We finally realized that they’re the problem too.’ So they were taken out right away.”

Augustine notes that the security duty exchange between ISL and RCMP took place between 3 and 4pm.

By the night of the 16th, Aboriginal RCMP negotiators had been brought in, supposedly in an attempt to calm the situation. Augustine again notes that these new negotiators, a constable ‘Fraser’ from Saskatchewan and a constable Walter Denny from Nova Scotia, confirmed with him that it was ISL security who was acting in a provocative and aggressive manner.

“Fraser and Denny] said: ‘These guys were very disrespectful, and on your guys’ part, you guys were just here trying to keep the peace,” says Augustine. “'[ISL] was so disrespectful that they were even disrespectful to us, because we were Natives.’”

With RCMP officers now replacing the “disrespectful” ISL security force, Augustine notes that the Aboriginal RCMP negotiators made further attempts to court peace with the Warriors.

“That night, around 10pm, constable Fraser and constable Denny came up to us. They wrapped tobacco in red felt and told us: ‘From now on it’s going to be peaceful.’ And they handed me the tobacco,” says Augustine. “They handed it right to me and said: ‘This is for peace. We understand that you guys only want peace. So everything’s going to be peaceful now. Negotiations have to start now.’

“We took the tobacco, me and Jim [Pictou]. We all shook hands. And we gave them tobacco too. I took tobacco out of my cigarette pack, broke it, and gave one to Walter [Denny] and one to Fraser and I told them ‘Yes, it’s now peaceful now.’ I took the tobacco back to our sacred bag. We had a bag full of a lot of our sacred stuff; sweet grass, sage, buffalo sage and all the medicines that we have there. And they left.”

Having successfully negotiated for the removal of the ISL security team, to be replaced by a patrol of RCMP officers, and having been given tobacco by two Aboriginal negotiators who allegedly confirmed the disrespectful nature of the Irving-owned employees, Augustine notes that the rest of the evening of the 16th, up until the morning of the 17th, was entirely uneventful.

The raid of the 17th , in which dozens of RCMP officers surrounded the Warriors encampment with a variety of weaponry already drawn, was a surprise to Augustine, both in terms of the amount of armaments, but more importantly in terms of the RCMP’s intent of the night before.

“That morning when I woke up to do my traffic control, I started about 6:30,” says Augustine. “I got my coffee ready and I didn’t even start drinking my coffee when the RCMP came out with guns drawn on us. The night before was peaceful. Even the RCMP was kind of happy that it was peaceful now. Nobody was escalating. Everybody was laughing. Everybody was drumming. Even the RCMP would drive by and wave to us. They knew it was peaceful.

“But all of a sudden that October 17th morning…Holy. All of a sudden they came up with guns drawn…Where’s that peace?”

When analyzing the potential of ISL – and their Irving paymasters – knowingly crafting a scenario involving trumped up charges against members of the Warriors Society, all the while working in collusion with the RCMP – and their Crown paymasters – it is also important to remember that a public hearing against SWN’s injunction against protestors was set for the morning of October 18th in Moncton.

The injunction named all of New Brunswick – under John and Jane Doe – as being potentially on the legal hook for inhibiting SWN’s access to it’s seismic testing equipment. Pre-18th legal opinions put forward on social media sites suggested that the injunction didn’t have a legal leg to stand on – indeed the injunction was subsequently overturned – but it did serve the purpose of intimidating activists concerned about their own estates from attending the encampment.

The 18th, and the potential of the public hearing overturning the injunction, presented a situation that may well have seen a surgin renewal of people at the highway 134 encampment. Crafting a narrative to negate that potential through strange actions, including having ISL guards leaving a front gate not used for shift changes and approaching a sacred fire while armed, and taunting Warriors who had made a habit of not only peacefully escorting ISL security during shift changes, but feeding the guards with home-cooked meals, resulted in a series of pre-raid charges.

Just the narrative needed for a pre-18th raid.

With these charges in their back pocket, the RCMP was free to create an ‘escalating tension’ scenario that they could then feed to a mainstream press. Coupled with the photogenic imagery of burning police cars and a press conference with a table full of armaments – neither of which can be yet, if ever, attributed to members of the Warriors Society – and the justification for the pre-dawn raid was set.

According to Augustine, from one side of their mouths RCMP negotiators spoke of peace, offered gifts and agreed that it was ISL security who was the incendiary side of the equation. All the while, however, a series of pre-raid charges, which still hang over numerous members of the Warriors Society, was being levied against them.

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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

APTN: Amanda Polchies, the woman in iconic photo, says image represents ‘wisp of hope’

Amanda Polchies, the woman in iconic photo, says image represents ‘wisp of hope’

National News | 24. Oct, 2013 by | 0 Comments

 TO VIEW VIDEO, CLICK HERE: http://aptn.ca/pages/news/2013/10/24/amanda-polchies-woman-iconic-photo-says-image-represents-wisp-hope/

APTN National News
It’s a picture that has been viewed around the world.

And helped define the events of the raid on an anti-fracking barricade in Rexton, New Brunswick last week.

It’s a photo of a Mi’kmaq mother kneeling in front of a line of riot police.

APTN’s Ossie Michelin now with her story.

Rabble: Everything you need to know about Elsipogtog

Everything you need to know about Elsipogtog

| October 23, 2013

A beautiful reworking of an iconic image from Elsipogtog, by Mi’kmaq artist Jayce Augustine. The original photo was taken by Oss

Though I will be writing on the events that took place on October 17, 2013 when the RCMP raided a peaceful blockade by members of the Elsipogtog Mi’kmaq First Nation, for now I just want to provide people with some already available and excellent resources on the subject. What I won’t be doing is linking to the plethora of unbelievably racist articles that are pouring out, branding the people of Elsipogtog as everything from terrorists, to puppets of environmental NGOs. These pieces already have mainstream attention, capture mainstream attitudes towards indigenous peoples, and are pretty successfully creating the official narrative.

If you want to delve deeper, or need resources with which to counter these portrayals, here you go!

If you have time for only one article, then you need to read this one, written by Martin Lukacs: “New Brunswick fracking protests are the frontline of a democratic fight.”

It does an excellent job of refocusing attention on the reason the blockade existed in the first place, and on the fact that the area in question has never been ceded to Canada, and thus is not owned by Canada. The people of Elsipogtog have been branded as law breakers, but the legality of Canadian actions in that area are completely undermined by this very central fact.

To keep us in that vein, here is an article from 2012 which discusses the fact that 67 per cent of people in New Brunswick support a moratorium on fracking. This is an intensely controversial practice and people throughout Canada and the US, native and non-native alike, stand in opposition to it. The people of Elsipogog are not on the fringe of an issue here, they are in the majority.

For a really good breakdown of the order in which things happened, Daniel Wilson provides us with, “Out of order: Indigenous protest and the rule of law“. He brings up some important issues about the public’s love affair with the ‘rule of law’ from such a distinctly one-sided perspective, which ignores the underlying illegitimacy of Canadian claims to the land in question and the unceasing violation of the ‘rule of law’ by the Crown.

This article: “Elsipogtog “Clashes” 400 years in the making”, by Dru Oja Jay, goes into good detail about some of the history of the area, and how high tensions have run between the Mi’kmaq and the Canadian government. State violence against the Mi’kmaq people has been an ongoing problem, and Elsipogtog is merely the latest in a line of such.

 flickr/flailingphantasm

Leanne Simpson, in her brilliant piece “Elsipogtog Everywhere” brings more context to the deeper issue of the land, and the way in which reconciliation cannot occur without a conversation about that land. If you need to know what deeper acts of resurgence are occurring outside of reactive blockades to deal with lack of consultation and the prioritising of corporate interests over the wishes of all people living in the area, then this article provides it. This is one of the most honest and hopeful pieces I have read on the subject, and it helped me deal with the flood of emotions I’ve been experiencing since watching this all go down on October 17th.

By the way? What the heck is fracking? Here is a video that provides a simple, clear description of the process of fracking, summarising the pros and cons: “CNN Explains: Fracking“.

Recently, a claim was made by He Who Shall Not Be Named (because the guy literally gets paid to troll, and every little mention puts more money in his bloated pocket) that the people of Elsipogtog are basically puppets of foreign environmental groups. The article “Fracking Indigenous Country” (under the donation appeal) is a very long, but detailed rebuttal of any such claims. If you were at all wondering about whether this could be true, this article does an amazing job of completely demolishing these fantasies.

Rex Murphy really put his foot in it as well. Here are two very good responses to his patronising, racist article: “Rex Murphy and the Frames of Settler Colonial War” by Corey Snelgrove, and “Dear Rex: Colonialism exists, and you’re it” by Nick Montgomery.

Jian Ghomeshi put out an audio essay on the incident, summarizing the different opinions and posing some of the important questions the public needs to be asking. He also helps you learn how to pronounce Elsipogtog!

There have been a lot of conspiracy theories going around about provocateurs and US military involvement and so on. Here is an incredibly detailed article by Gord Hill about the tactics and equipment used during the raid which should help dispel some of the most outlandish rumours without downplaying the level of violence initiated by the RCMP: “Overview of RCMP deployment against Mi’kmaq blockade, Oct 17, 2013.”

Another article by the same author questions the rumours about provocateurs setting fire to the RCMP vehicles: “Statement on Provocateurs, Informants, and the conflict in New Brunswick.” Snitch-jacketing, or labeling people as provocateurs or agents of the state is an incredibly divisive and dangerous practice and whether the rumours are spread by law enforcement or our own communities, we have to be careful.

While this next article is not about Elsipogtog, it is nonetheless a very important read. “An open letter to peaceful protestors” debunks a lot of the myths about way peaceful protest was used during the Civil Rights Movement, and clarifies the difference between peaceful, and legal. The need to be organised rather than simply reactive, is highlighted and explained. Every person wanting to be involved in any sort of protest, solidarity action or larger movement, needs to read this article and really think about what it is saying.

To wrap up, I want to thank the artists who have so quickly responded with their support of the movement.

âpihtawikosisân, Chelsea Vowel is a 34 year old Métis from the Plains Cree speaking community of Lac Ste. Anne, Alberta. She is the mother of two energetic girls and holds a BEd and an LLB from the University of Alberta. She moved to Montreal two and a half years ago, fell in love with Roller Derby and decided to stay permanently. Her passions are the Cree language, strapping on roller skates and smashing into other women, and attacking the shroud of ignorance surrounding indigenous issues in Canada. She blogs at apihtawikosisan.com

HMC: Mi’kmaq Warrior bail hearings risks turning into week-long event

SOURCE: http://halifax.mediacoop.ca/story/mikmaq-warrior-bail-hearings-risks-turning-week-lo/19421

Zero down, six to go as first day draws to a close

by Miles Howe

Defence lawyer Gilles Lemieux speaks to a reporter after today's non-bail hearing. [Photo: Miles Howe]
Defence lawyer Gilles Lemieux speaks to a reporter after today’s non-bail hearing. [Photo: Miles Howe]

Moncton, New Brunswick – The Moncton courthouse was again abuzz today as supporters of the six remaining incarcerated members of the Mi’kmaq Warriors Society awaited their bail hearings. Originally, the court was supposed to process the hearings of Coady Stevens, Dave Mazerolle and Jason “Okay” Augustine. However, due to the Crown’s attempts to pile on extra charges on all three men, not even Coady Stevens’ bail hearing was completed.

The defence team of Gilles Lemieux and Alison Menard have requested a press ban on the evidence presented in court today, so details of the charges will have to wait, potentially for the actual trial (if there is one) or beyond. We can say that Stevens is up on six charges, however, and they are as follows: Two counts of threats, two counts of obstruction of justice, one summary assault and one count of unlawful confinement.

The unlawful confinement would be the ‘big one’, as the Crown appears to want to proceed on it as an indictable offence, which carries a maximum sentence of not over ten years. Surprisingly, the unlawful confinement is related to incidents that occurred on or around the 16th of October, not the 17th when the RCMP viciously raided the Warrior encampment.

On this we can say no more.

The other interesting aspect of these bail hearings is that the Crown is using all three possible grounds in order to justify detaining all six accused prior to sentencing.

Primary grounds refers to the possibility that an accused will attend court.

Secondary grounds refers to the protection or safety of the public.

The rarely used third grounds refers to maintaining confidence in the administration of justice. Defence lawyer Menard notes that this third grounds is most commonly reserved for crimes that “strike at the public’s conscience.”

In any case, Menard was understandably surprised at the fact that on a day when the court was supposed to deal with three bail hearings, not even one was completed.

“Our system is based upon not punishing people prior to trial,” says Menard. “If you believe in that system, if you believe in the presumption of innocence and the importance of our Charter values, [then] we don’t punish people pre-trial.”

Menard also was quick to point out that while the Crown is at an advantage because it can create a narrative surrounding the events of an alleged crime (through press conferences where the RCMP put on display weapons and ammunition allegedly seized from their raid, for example), the public should maintain mental vigilance when analyzing such information through media who weren’t at the scene of the arrests and often blindly re-hash police press releases.

“The narrative for the RCMP and the government is out there in the media,” says Menard. “They can give interviews and do press releases. [So] the average person probably has a settled view of what happened [in the RCMP’s raid on October 17th]. That’s not necessarily an accurate view.”

Bail hearings for the six incarcerated Mi’kmaq Warriors will most likely continue all week at the Moncton courthouse.

Anonymous (Hacktivists): OpFrackOff in Elsipogtog

The international Hacktivists group Anonymous has released a statement regarding their solidarity with the struggle against fracking/shale gas in Elsipogtog.  They are committed to tracking and revealing the relationship between Texas-based SWN Resources (the company trying to frack in Kent County NB) and the Irving Corporation.

To watch their media release, go here: https://vimeo.com/77409237

From the #OpFrackOff paste-bin (http://pastebin.com/Vsjb1GuC)

Greetings to our courageous Mi’maq friends who have stood valiantly against the forces of frack.
To the forces of fracking in New Brunswick and beyond, you didn’t expect us, did you?
On Friday, Anonymous put out an #OpFrackOff press release denouncing and seeking to identify the RCMP officer responsible for saying “crown land belongs to the government not to fucking natives.” This comment was first reported on Thursday at 12:27 pm Atlantic time by APTN camerman Ossie Michelin. It has been confirmed to Anonymous by two sources. One source provided a picture of the officers from which the comment came. The picture’s time stamp is at 12:29 pm Atlantic.
An independent anonymous source was able to give a more complete description of the officer. The second source’s description nicely fit the man on the far right of the picture: black hat and glasses. That source also passed us a second, later picture that they believe to be the same officer.
It appears to Anonymous as if none of the camo and black clad paramilitary officers were wearing any identifying information.
This is unacceptable.
The attire of the officer in question suggests that he is with one of the RCMP’s Emergency Response Teams. In New Brunswick, this would be the J-Team. Why is Canada attacking it’s First Nations population with a self-described paramilitary force? To protect the right of a Texas oil company’s fracking ambitions?  And what do Wendy’s french fries have to do with fracking?
Wait, Wendy’s French fries?
Cavendish Farms is the top French fry supplier for Wendy’s in North America.
Who the frack is Cavendish?
Cavendish Farms is owned by the Irving family, the oil and gas and media magnates that control nearly everything in New Brunswick. Halifax Media Co-op has already reported that SWN, the Texas oil company that owns most of the fracking rights in New Brunswick, is working hand in glove with the Irving’s in Elsipogtog.
Independent journalists with #OpSWN are working to lay out all the relationships between SWN Resource Canada, the company wanting to frack on traditional, never ceded Mi’maq territory, and a variety of other resource extraction companies in Canada, including Irving Oil.
These relationships include media, money, and political connections. Anonymous continues to demand that the officer who racially slurred our Mi’maq friends be identified and disciplined.
And that the RCMP apologize for it’s racist violence.
It is almost unbelievable that an officer could spell out so clearly the problem that has been at the heart of the relationship between Canada and its First Nations from the very beginning. This is the colonial attitude and it’s violent tendencies in a perfect nutshell.
If anyone has video or audio recording of this event, please release it to the public as soon as possible.
Anonymous also requests that the public help the independent journalists mapping information via Pearltree regarding the collusion that exists in the Canadian Atlantic between media, politicians, and oil and gas companies.  Follow #OpSWN on twitter for details.
Help us demand that the courage of Elsipogtog in standing up to a paramilitary force not be wasted.
Premier Alward has dismissed calls for a referendum on fracking, saying that one isn’t needed.
Anonymous disagrees.
The people demand a direct say over whether or not their water is poisoned.  Anonymous calls for a referendum on fracking exploration to determine the will of the people. Until that time, Mr. Alward, put your paramilitary thugs back on desk duty.
We are Anonymous.
The Corrupt Fear Us.
The Honest Support Us.
The Heroic Join Us.

From the #OpSWN paste-bin (http://pastebin.com/jSdhre1m):

Welcome to #OpSWN!
This project was conceived to help us all collaboratively map the relationships and finance/behavior patterns between the corporate and government players determining the quality of our environment, and of our lives. As @GeorgieBC points out so eloquently in this http://georgiebc.wordpress.com/2013/10/21/good-bye-wikipedia-hello-something-else/ article, we have grown past the need to have our data interpreted and spoon fed to us by the very corporations and politicians who have a vested interest in manipulating our perception of reality. From the article above link above:
“To be a stigmergical project instead of a cooperative one, each contributor must be free to work according to their own ideas and the power of the user group must be limited to acceptance or rejection of the final project for their own use only. This is simple in a structure like pearltrees where everyone creates their own pearls or pearltrees and others link to them or not as they see fit. It is simple in an RSS or Twitter feed where anyone can create their own list of voices to follow. It is impossible in Wikipedia.”
It’s time to own our knowledge and ability to share what is important to US with one another. We’ve found Pearltrees to be a wonderful collaboration tool, and are hoping you will like working with it as well. At the end of this outline you will find some FAQ’s from the Pearltrees website. First we’ll just review why and how Pearls were used to map relationships in support of the Elsipogtog Sovereignty call and fracking resistance.
Canada is as transparent as it’s tar sands discharge
    We have begun to map the corporate players in New Brunswick, but hit a wall on the politicians as there is no public data available for campaign financing, or political financing, in New Brunswick. Their election reporting site says:
        “The Political Process Financing Act requires each registered political party to file semi-annually with the Supervisor a financial return disclosing the sources of political contributions, other revenues, and details as to how those funds were expended. Each registered district association and each registered independent candidate are required to file a similar return annually.”
but there is NO DATA there! Furthermore:
    “Over the course of 2013, Elections New Brunswick will provide the public with the ability to search on-line for the financial returns submitted by the political parties, district associations, candidates and third parties.” http://www1.gnb.ca/elections/finance/financereturns-e.asp
Well, it’s late October of 2013, and the only data posted there is an Excel spreadsheet with a picture of a graph in it showing that 100% of the required 2012 disclosure forms have been received. Okay…then why aren’t they PUBLISHED? It appears that we will have to do that ourselves. We will post a link to the site that tells you who all your “representatives” are, and hope that a local citizen answers our request to obtain and post disclosure documents so we can see (and Pearl) their direct financial relationship to the corporations. For instance, Steven L Mueller, SWN President, Chief Executive Officer, Director has a total annual compensation for 2011 of $6,118,755 http://www.pearltrees.com/#/N-u=1_1284199&N-p=92826247&N-s=1_9552981&N-f=1_9552981&N-fa=9552976. Who did he buy in the US election? (http://www.pearltrees.com/#/N-s=1_9552981&N-u=1_1284199&N-p=93146817&N-f=1_9552981&N-play=2&N-fa=9552976)
Reality TV stars are not more interesting than the Ruling Elite
In addition to this factual, financial information about those who rule, we need gossip! That’s right…I said it…good old-fashioned gossip! Because it is a bit interesting when André Desmarais, son of Paul Desmarais (worth 4.5 billion or so), marries former Canadian Prime Minister Jean Chrétien’s daughter, France. Where did all their new furniture come from – a tax write off? What Board of Directors do they and their friends sit on? What charities do they run and contribute to? These people are the new Ruling Elite, and we should know more about them than we do Justin Beiber, who is irrelevant.
Our goal is to map the relationships among all these people and their business interests – to follow the money. Any intersections found between the corporations, or between them and the politicians, are relevant information if we are to understand whose interests are really being served in our communities. Pearltrees offer us a simple way to document and visualize these relationships.
Most of the relationships among business people will be found in their alliance organizations and councils. We focused on The Atlantica Centre for Energy to map the first level of relationships influencing the #Elsipogtog action. Why? Because it clearly tells us who is making money off this project. At some point we can add examples of the tactics each of these corporations use when doing business – which would tell us which tactics they’re likely to use against an opponent. There is much that can be mapped – your imagination is the only limit. http://www.pearltrees.com/#/N-u=1_1284199&N-p=92972708&N-s=1_9566369&N-f=1_9566121&N-fa=9558533
Pearltrees can accept 3 basic forms of data: URL links to published content, image uploads, and brief notes. It is not a venue to publish new information in, but you can link to your own content. The free version has a limit for how many pearls can be added to any one branch (read the FAQs for more information on the process), so we mapped out the relationships in a collaborative virtual notepad first using Riseup.net – because they are awesome! Support them if you can https://help.riseup.net/en/donate . You can use this as your starting point if you’d like – it shows the information we’d like to see added for the People involved in these organizations, and who needs completion.https://pad.riseup.net/p/OpSWN_People You can use Hack Pad if you’d like to keep your research pad confidential https://hackpad.com/
We utilized URL links to existing data that was vetted to insure quality. Notes for explanations are good only where they can be pasted somewhere to link to, or their content is limited in lengths accepted by Pearl notes. “You can’t put more than 16 pearls in the first ring of a pearltree, you can’t put more than 32 pearls or pearltrees in the second ring or more than 48 pearls or pearltrees in the third ring.” To get started with pearls, see the FAQ’shttp://www.pearltrees.com/s/faq/en Mapping out your data before starting to pearl may seem like a waste of time, but will save frustration in the long term. We gave you a copy of our garbled conversation while getting started with Pearling so you could understand how the information flows. See this pad for unpearled research and background. https://pad.riseup.net/p/OpSWN_ResearchNotPearled
Have FUN! :D Look for us on twitter in the #OpSWN hashtag, and contact @Kaymee and/or @GeorgieBC when you have pearls you’d like added to the original research, or research you’d like US to add to ours. Trick or Treat…Happy Hunting :)

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….