Tags: Canada, canada government, canada indigenous, canada mining, environment, First Nations, idle no more, indigenous peoples, martin lukacs, roger hollander, rule of law, sovereignty summer, Stephen Harper, tar sands
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First Nations people – and the decision of Canadians to stand alongside them – will determine the fate of the planet
In a boardroom in a soaring high-rise on Wall Street, Indigenous activist Arthur Manuel is sitting across from one of the most powerful financial agents in North America.
It’s 2004, and Manuel is on a typical mission. Part of a line of distinguished Indigenous leaders from western Canada, Manuel is what you might call an economic hit-man for the right cause. A brilliant thinker trained in law, he has devoted himself to fighting Canada’s policies toward Indigenous peoples by assailing the government where it hurts most – in its pocketbook.
Which is why he secured a meeting in New York with a top-ranking official at Standard & Poor’s, the influential credit agency that issues Canada’s top-notch AAA rating. That’s what assures investors that the country has its debts covered, that it is a safe and profitable place to do business.
This coveted credit rating is Manuel’s target. His line of attack is to try to lift the veil on Canada’s dirty business secret: that contrary to the myth that Indigenous peoples leech off the state, resources taken from their lands have in fact been subsidizing the Canadian economy. In their haste to get at that wealth, the government has been flouting their own laws, ignoring Supreme Court decisions calling for the respect of Indigenous and treaty rights over large territories. Canada has become very rich, and Indigenous peoples very poor.
In other words, Canada owes big. Some have even begun calculating how much. According to economist Fred Lazar, First Nations in northern Ontario alone are owed $32 billion for the last century of unfulfilled treaty promises to share revenue from resources. Manuel’s argument is that this unpaid debt – a massive liability of trillions of dollars carried by the Canadian state, which it has deliberately failed to report – should be recognized as a risk to the country’s credit rating.
How did the official who could pull the rug under Canada’s economy respond? Unlike Canadian politicians and media who regularly dismiss the significance of Indigenous rights, he took Manuel seriously. It was evident he knew all the jurisprudence. He followed the political developments. He didn’t contradict any of Manuel’s facts.
He no doubt understood what Manuel was remarkably driving at: under threat of a dented credit rating, Canada might finally feel pressure to deal fairly with Indigenous peoples. But here was the hitch: Standard & Poor’s wouldn’t acknowledge the debt, because the official didn’t think Manuel and First Nations could ever collect it. Why? As author Naomi Klein, who accompanied Manuel at the meeting, remembers, his answer amounted to a realpolitik shoulder shrug.
“Who will able to enforce the debt? You and what army?”
This was his brutal but illuminating admission: Indigenous peoples may have the law on their side, but they don’t have the power. Indeed, while Indigenous peoples’ protests have achieved important environmental victories – mining operations stopped here, forest conservation areas set up there – these have remained sporadic and isolated. Canada’s country-wide policies of ignoring Indigenous land rights have rarely been challenged, and never fundamentally.
Until now. If it’s only a social movement that can change the power equation upholding the official’s stance, then the Idle No More uprising may be it. Triggered initially in late 2012 by opposition to the Conservative government’s roll-back of decades of environmental protection, this Indigenous movement quickly tapped into long-simmering indignation. Through the chilly winter months, Canada witnessed unprecedented mobilizations, with blockades and round-dances springing up in every corner of the country, demanding a basic resetting of the relationship between Canada and Indigenous peoples.
Money is not the main form this justice will take. First Nations desperately need more funding to close the gap that exists between them and Canadians. But if Indigenous peoples hold a key to the Canadian economy, the point is to use this leverage to steer the country in a different direction. “Draw that power back to the people on the land, the grassroots people fighting pipelines and industrial projects,” Manuel says. “That will determine what governments can or cannot do on the land.”
The stakes could not be greater. The movement confronts a Conservative Canadian government aggressively pursuing $600 billion of resource development on or near Indigenous lands. That means the unbridled exploitation of huge hydrocarbon reserves, including the three-fold expansion of one of the world’s most carbon-intensive projects, the Alberta tar sands. Living closest to these lands, Indigenous peoples are the best and last defence against this fossil fuel scramble. In its place, they may yet host the energy alternatives – of wind, water, or solar.
No surprise, then, about the government’s basic approach toward First Nations: “removing obstacles to major economic development.” Hence the movement’s next stage – a call for defiance branded Sovereignty Summer – is to put more obstacles up. The assertion of constitutionally-protected Indigenous and treaty rights – backed up by direct action, legal challenges and massive support from Canadians – is exactly what can create chronic uncertainty for this corporate and government agenda. For those betting on more than a half-trillion in resource investments, that’s a very big warning sign.
Industry has taken notice. A recent report on mining dropped Canada out of the top spot for miners: “while Canadian jurisdictions remain competitive globally, uncertainties with Indigenous consultation and disputed land claims are growing concerns for some.” And if the uncertainty is eventually tagged with a monetary sum, then Canada will, as Manuel warned Standard & Poor’s, face a large and serious credit risk. Trying to ward off such a threat, the government is hoping to lock mainstream Indigenous leaders into endless negotiations, or sway them with promises of a bigger piece of the resource action.
But this bleak outlook intent on a final ransacking of the earth doesn’t stand up to the vision the movement offers Canadians. Implementing Indigenous rights on the ground, starting with the United Nations Declaration on the Rights of Indigenous Peoples, could tilt the balance of stewardship over a vast geography: giving Indigenous peoples much more control, and corporations much less. Which means that finally honouring Indigenous rights is not simply about paying off Canada’s enormous legal debt to First Nations: it is also our best chance to save entire territories from endless extraction and destruction. In no small way, the actions of Indigenous peoples – and the decision of Canadians to stand alongside them – will determine the fate of the planet.
This new understanding is dawning on more Canadians. Thousands are signing onto educational campaigns to become allies to First Nations. Direct action trainings for young people are in full swing. As Chief Allan Adam from the First Nation in the heart of the Alberta oil patch has suggested, it might be “a long, hot summer.”
Sustained action that puts real clout behind Indigenous claims is what will force a reckoning with the true nature of Canada’s economy – and the possibility of a transformed country. That is the promise of a growing mass protest movement, an army of untold power and numbers.
Tags: c38, c45, Canada, canada mining, canada petroleum, canadian government, Damelahamid, First Nations, genocide, history, idle no more, indigenous, merv ritchie, roger hollander, sacred circle
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The Cree, the Sioux, the Apache, and the Iroquois have nothing to do with the descendants of Demalahamid, Temlaham. Nor does; the Union of BC Indian Chiefs (UBCIC), the AFN (Assembly of First Nations), the Idle No More Movement, or Attawapiskat Chief Teresa Spence. None represent the Tsimshian, the Gitxsan, the Haisla, or the Tahltan. It would be difficult to find anyone in Ottawa, Indian or otherwise, speaking for any of the Nations of Northwest BC, the Sacred Circle.
Indians living elsewhere in Canada, or anywhere else in BC outside of the Northwest, have virtually nothing in common with Damelahamid outside of being original, evolving inhabitants on the land.
The Northwest Coast was, and is, an identity all to itself. The first explorers and traders, followed by the missionaries, all described these people as having a unique but similar ‘Tsimshian’ language. This unifying tongue is still spoken and taught today.
The general population, except for those living directly in Northwest BC, reference the totem culture only with the Haida Indian and Haida Gwaii; the islands most still call the Queen Charlottes. Almost none know of the peoples residing on the land west of the Omineca Mountain range through to the Pacific Ocean; the people of Damelahamid.
Original Map from the BC Knowledge Network with an addition to reference the region discussed by BC Knowledge Network
Most do not even know where the Nisgaa territory is, yet there has been a signed modern-day treaty for twelve years.
The area is so remote if you were to ask residents of B.C. about a lava bed from a volcano anywhere nearby, 99 percent would laugh and excuse this as a ridiculous notion. This stands true even for some living within 100 miles of the Nisgaa Lava Memorial fields.
As this location is a full eight-hour drive east-northeast of Prince George, remote is almost an understatement. The highway into the territory is named the Highway of Tears after the numerous accounts of missing and murdered women from the Nations of Damelahamid along this often-deserted stretch of road. To add to the tragedy for these people it was primarily the women of the Sacred Circle who were taken off the streets of Vancouver by Willie Pickton to be murdered on his Pig Farm, Piggies’ Palace.
The following attempts to address why these people still suffer in silence. Why they are not represented at the Chiefs’ Table or featured in the Idle No More movement, even though the atrocity is so well documented. It is difficult to unite in common purpose as the wounds are still raw, the emotions still at the surface; less than a generation has passed since some lived without roads or electricity. Yes, even in BC, Canada, not 30 years ago some tribes had no direct link or contact routes. It was only 150 years ago when this region was even entered to explore.
These were not nomadic people. Huge 1000-sq-ft homes built of cedar along with settlements of dozens of these structures formed municipalities belonging to each Nation. Seasonal travel for harvesting and extensive trading was engaged in with neighbouring tribes. North and east trading with the Carrier and Dene tribes, and to the south by huge 50-foot canoes with others. Grease trails were recorded as protected trade routes throughout all of these Nations territories. They knew their land and they owned their land. Totems and Feast halls marked their territories. Nation-to-Nation territorial treaties were commonplace. Trespass could mean death, especially if you harmed any life form within the recognized territorial boundaries. Yet other areas were recognized as neutral lands and water where all Nations could meet and share without territorial conflicts.
Totem Poles at the Core of the Sacred Circle, Damelahamid by Terrace Daily News
Maybe this is why the Tsimshian, Haisla, Gitxsan, Wetsuweten, Tlingit, Haida, Tahltan, and Nisgaa are ignored; as long as no one knows this special place exists their territories can still be quietly stolen.
It is specifically about these peoples’ lands the Canadian Government passed its recent legislation, Bills C38 and C45. They did this to justify their continued assault, which began with the deliberate genocide of these peoples by germ warfare. The Canadian government wishes to conduct a final solution on these people for the Mining and Petroleum industries.
While the Cree, Sioux, Apache, Iroquois, with the AFN, the UBCIC, and others achieve media prominence, the Sacred Circle genocide and social dysfunction continues.
All of the following material was compiled by researching online. The following are three links to much of the source material:
From HistoryLink.org the Online Encyclopedia of Washington State History
From the University of Victoria – Writings on vaccination vs inoculation regarding Small Pox in the area. – click here
Words directly attributed to Dr. Helmcken – http://bcheritage.ca/salish/trad/jshelm.htm
This is a collection of evidence, extracts, to demonstrate beyond any reasonable doubt that the first settlers at Victoria, specifically the ‘white’ government of the day, targeted the Indians of the Sacred Circle for extermination.
At the present rate of mortality, not many months can elapse “ere the Northern Indians of this coast will exist only in story.” The Daily British Colonist, June 21, 1862, p. 3.
The Hon. John S. Helmcken, photographed by William J. Topley, circa 1854. by Wikipedia
After most of the northern tribes were forced from Victoria, the (Victoria) Daily Press published an editorial titled “The Indian Mortality.” It said in part:
“… What will they say in England? when it is known that an Indian population was fostered and encouraged round Victoria, until the small-pox was imported from San Francisco.
“They, when the disease raged amongst them, when the unfortunate wretches were dying by scores, deserted by their own people, and left to perish in the midst of a Christian community that had fattened off them for four years – then the humanizing influence of our civilized Government comes in – not to remedy the evil that it had brought about – not to become the Good Samaritan, and endeavor to ameliorate the effects of the disease by medical exertion, but to drive these people away to death, and to disseminate the fell disease along the coast.
“To send with them the destruction perhaps of the whole Indian race in the British Possessions on the Pacific …. There is a dehumanizing fatuity about this treatment of the natives that is truly horrible … How easy it would have been to have sent away the tribes when the disease was first noticed in the town, and if any of the Indians had taken the infection, to have had a place where they could have been attended to, some little distance from Victoria, until they recovered as they in all probability would have done with medical aid.
“By this means the progress of the disease would at once been arrested, and the population saved from the horrible sights, and perhaps dangerous effects, of heaps of dead bodies putrifying [sic] in the summer’s sun, in the vicinity of town … The authorities have commenced the work of extermination – let them keep it up …. Never was there a more execrable Indian policy than ours.” (Daily Press, June 17, 1862 in Boyd, p. 182-183, endnote 7).
Full Knowledge of the Consequences
In June 1862, The Daily British Colonist, noting the devastation of the Indians up to that time, stated the obvious inevitable consequences of these escorted canoes. Referring to a group of Haida who recently departed Victoria, the newspaper wrote:
“How have the mighty fallen! Four short years ago, numbering their braves by thousands, they were the scourge and terror of the coast; today, broken-spirited and effeminate, with scarce a corporal’s guard of warriors remaining alive, they are proceeding northward, bearing with them the seeds of a loathsome disease that will take root and bring both a plentiful crop of ruin and destruction to the friends who have remained at home. At the present rate of mortality, not many months can elapse ‘ere the Northern Indians of this coast will exist only in story.'” (The Daily British Colonist, June 21, 1862, p. 3; Boyd, p. 173, 229).
The Smallpox Vaccine
The smallpox vaccine was discovered in England in 1798 and first used in the Puget Sound area in 1837. On March 18, 1862, when The Daily British Colonist published confirmation of smallpox in Victoria, the paper made the following statement:
“[W]e advise our citizens … to proceed at once to a physician and undergo vaccination … from the loathsome disease …” (The Daily British Colonist, March 18, 1862, p. 3).
Between March 18 and April 1, 1862, The Daily British Colonist reiterated to the citizens of Victoria at least five times the importance of getting vaccinated. The paper estimated that by April 1, one-half of the “resident Victorians” were vaccinated. In 1862, Victoria, the largest town north of the Columbia River, had a white population of from 2,500 to 5,000. The nearby Indian population was about the same size. There were probably at least 2,000 Northern Indians [all whose origins were from the coastal communities between northern Vancouver Island and Alaska] camping on the outskirts of Victoria, plus at least 1,600 local Indians who lived nearby.
Initially no demands were made to vaccinate these local groups. By March 27, 1862, Dr. John Helmcken (1824-1920), Hudson’s Bay Company physician, had vaccinated about 30 local resident Songhees Indians, who constituted less than 1 percent of the nearby natives.
The Songhees Were Saved
On April 1, 1862, 18 days after the Brother Jonathan departed, the first reports were published of an Indian, who lived in town, with smallpox. The Victoria authorities and residents did not react. As the virus spread it would be more than two weeks before the local newspapers reported local Indians receiving additional vaccines. On April 16, Dr. Helmcken vaccinated another 30 Indians. By April 25, The Daily British Colonist reported that since the outbreak Dr. Helmcken had vaccinated “over 500 natives” (April 26, 1862, p. 3).
Apparently, the doctor distributed most of his vaccine to the Songhees, a local tribe that resided near Victoria. Soon after smallpox symptoms emerged at the Northern Indian encampment, the Songhees departed their Vancouver Island village(s) en masse to a nearby island in Haro Strait. Because of the vaccinations and the tribe’s self-imposed quarantine, the Songhees survived the epidemic with few deaths (Boyd, 176, 177, 183).
Was There a Shortage of Vaccine?
It is unknown how large a supply of the smallpox vaccine was kept at Victoria. Boyd states that the vaccine was “available, though in short supply” (Boyd, p. 172). Possibly there was a shortage of vaccine when the smallpox epidemic started.
According to Boyd, Anglican missionary Alexander Garrett stated in his Reminiscences that there was not enough vaccine “within seven hundred miles to go around” (Boyd p 178-9).
Still, during the entire run of the epidemic The Daily British Colonist did not mention a vaccine shortage at any time. On the contrary, during the last half of March, after the first smallpox case was discovered, the paper mentioned numerous times the availability of the vaccine. In mid-June, about when the Indian epidemic along the coast reached its height, The Daily British Colonist (June 14, 1862) asked why “our philanthropists” and “missionaries” had not started “vaccinating the poor wretches” in mid-April?
If there was a vaccine shortage, it was just temporary. Apparently, by May 1, 1862, at the latest, there was plenty of vaccine to go around. During the first half of May 1862, Father Leon Fouquet, a Catholic Missionary, reportedly vaccinated 3,400 Indians along the lower Fraser River. At the same time, other missions along both sides of the Strait of Georgia and in Puget Sound received supplies to vaccinate nearby tribes people. The ravages of the epidemic bypassed these vaccinated groups (The Daily British Colonist, March 18, 26, 27, 28, 1862, April 1, 1862, June 14, 1862; Boyd, p. 183-184).
The Epidemic Could Have Been Stopped
In the spring of 1862, the government body that administered authority over Victoria was the House of Assembly of the Colony of Vancouver Island (in 1866 Vancouver Island merged with the mainland colony of British Columbia). The town of Victoria had not incorporated, so had no town council and no mayor. At least two members of the House of Assembly, along with the Governor of the Colony, undoubtedly were aware of the obvious consequences of not immunizing the Indians, and not placing them under quarantine.
In 1862, Dr. William Tolmie (1812-1886) and Dr. John Helmcken were both legislators in the Vancouver Island Assembly, Helmcken serving as Speaker, one of the highest elected positions in the Colony. The Hudson’s Bay Co. hired William Tolmie in 1833 and John Helmcken in 1850 as physicians.
In 1837, reports reached Fort Vancouver of smallpox in northern British Columbia. Before the disease reached Puget Sound, Hudson’s Bay Co. dispatched Tolmie to vaccinate the Indians near Fort Nisqually. By mid-July 1837, he had inoculated all the women and children and probably most of the men. In 1853 Tolmie again helped vaccinate “large numbers” of Indians near Fort Nisqually during a smallpox epidemic centered along Washington Territory’s Pacific coast (Boyd, 170). John Helmcken also served as HBC physician for a number of years, and then continued in private practice until he retired in 1910. They were both well aware of the issues surrounding smallpox.
Governor James Douglas Proposes Action
Shortly after the smallpox outbreak, James Douglas, the Governor of the Colony of Vancouver Island, submitted a proposal to the House of Assembly regarding smallpox. James Douglas had arrived on the coast in 1826 and was familiar with two previous Indian epidemics on the coast (1836-37 smallpox and 1847-48 measles). In his March 27, 1862, proposal to the Assembly he noted that because “several cases” of smallpox had occurred it “is desirable that instant measures should be adopted to prevent the spread of the infection …” and “strongly recommended” that the House immediately appropriate funds to build a hospital in a isolated location for all cases of smallpox (Journal of the Colonial Legislatures … vol. 2, p. 350).
Dr. Helmcken and Others Oppose Action
Four days later, the nine-member House of Assembly, including Speaker Helmcken and Tolmie, met and considered the Governor’s proposal recommending a smallpox hospital and “compelling” all patients to be sent there. According to a newspaper account, Speaker Dr. Helmcken stated he was against a fully staffed hospital and against forcing all cases of smallpox to go there. The doctor expressed concern about the cost of establishing and operating the hospital and that it would interfere with the liberty of the patients. Helmcken went even further and chastised the Governor for being an alarmist about the disease.
The majority of the other members agreed with Mr. Helmcken. The members did vote to construct a “suitable building” near the present hospital for white smallpox patients, but did not require them to go. The Assembly also rejected the establishment of a quarantine for the same reasons – cost and restricting liberty. Apparently only one member, Mr. Burnaby, spoke out in favor of a fully staffed Smallpox Hospital and the quarantine. The newspaper account did not mention any discussion about what to do to prevent smallpox from infecting the Indians (The Daily British Colonist, March 28, 1862, April 1, 1862).
This inaction of the Assembly and other government officials sealed the fate of nearly every group of Northwest Coast Indians from Sitka to northern Vancouver Island and south into the Puget Sound area. Robert Boyd estimates that from April 1862 to about the end of year, more than 14,000 Indians died of smallpox and untold hundreds of survivors were disfigured for life. Boyd states unequivocally: “This [Indian] epidemic might have been avoided, and the Whites knew it” (Boyd p 172).
The paper remarked on the consequences of the authorities’ intentional refusal to act to vaccinate and quarantine the Indians:
“Were it likely that the disease would only spread among the Indians, there might be those among us like our authorities who would rest undisturbed, content that the small-pox is a fit successor to the moral ulcer that has festered at our doors. … [But] chances are that the pestilence will spread among our white population [because] … [t]he Indians have free access to the town day and night. They line our streets, fill the pit in our theatre, are found at nearly every open door … in the town; and are even employed as servants in our dwellings, and in the culinary departments of our restaurants and hotels” (The Daily British Colonist, April 28, 1862, p. 2).
In the doctor’s own words:
“Hyder [Haida] women and men came in flocks, to go away ruined forever, Indians from the North West coast met with the same fate, from which they have never and never will recover. In process of time Chinese women came and they in some measure took the business of the local Indians, Haidas, Chimpsehans [Tsimshians] and so forth and to end the matter the small pox and local demands drove them home in their own canoes, and hundred perished on their way to their own country. I may say here they nearly every Indian attacked with small pox died, whether he was taken care of in the Indian small pox hospital or not, and it was also said whether he had been vaccinated or not.
“I do not believe the last assertion because the Songish [Songhees] Indians kept comparatively free from the disease and many of them at various times had been successfully vaccinated by me, arm to arm.”
Has the prevailing attitude changed much today?
Allowing and continuing to name anything in Victoria, the Capital of BC, after this man (ie Helmcken Road General Hospital, Helmcken Memorial in Clearwater) is akin to naming things in Germany after Dr. Joseph Mengele.
Did he know better, or was it intentional?
He was hired aboard the Hudson’s Bay Company’s Prince Rupert as a ship’s surgeon on its 1847 voyage to York Factory, Rupert’s Land. After completing his certification at Guy’s Hospital, he travelled to India and China. He had intended to join the Navy, but was persuaded instead to join the HBC in 1849 as a physician and clerk on to be stationed on Vancouver Island. On the long voyage, smallpox broke out aboard ship, but Helmcken handled the situation ably, and only a single life was lost.
Hmmmm, one can only wonder. Consider this – His success in preventing the spread of smallpox among the whites on the ship was a dozen years prior to his failure to take measures to stop the spread of the disease among the Sacred Circle natives. Only one conclusion can be had – His and the government he was the ‘speaker’ for, considered the highest post, – had but one intention, the death and destruction of the Northern tribes.
Still today these people from the Nations of the Sacred Circle are relegated to the shadows, their tragedies ignored. While Indians across Canada stand up and demand recognition for the harm done over the course of the last 300 to 400 years, the harm in the Sacred Circle is so fresh it remains difficult for the surviving elders to speak of it. Those who had their children abducted, their villages burned, their daughters raped and murdered, are still alive living with the pain right now.
It remains an ongoing tragedy that the efforts of the Idle No More movement east of the Ominica Mountain Range does not come close to addressing. The genocide continues today. These are not; Cree, Sioux, Apache, or Iroquois. They are the people of Demalahamid, Temlaham. They are the; Nisgaa, Tahltan, Gitxsan, Wetsuweten, Haisla, Haida, Tlingit and the Tsimshian. The once most respected and admired traders in the Pacific Northwest. A unique totem culture based strictly on a Matriarchal, Matrilineal hierarchy with government structures based on feasting and decency. Something the British and Canadian governments abhorred and continue to destroy today.
The only reference to address the source of the women in the recently released government report on the missing and murdered women from the Vancouver Downtown Eastside, was encouraging a transit bus system along the highway of tears. These women were the potential authority, the matriarchs. A bus? The government offers these women who had their children ripped from their arms, their communities burned, their ancestors graves disturbed, are offered a bus?
The systemic tragedy continues as the government leaders continue to claim there is no money, even for the bus. It seems alright, still today, to not only rape pillage and plunder the land and resources, but also the people.
Mid 50 year old male. Generally a blue collar worker. Heavy duty mechanic by trade, later, Diesel electrician, then alternative energy systems importer, seller, designer and installer. Then a home construction general contractor and now a web (more…)
Appeal of Conscience Foundation Awards Bad Behavior: Stephen Harper’s Richard Nixon Prize October 2, 2012Posted by rogerhollander in Canada, Foreign Policy, Humor.
Tags: afghnaistan war, Canada, canada conservative, canada government, canada mining, foreign policy, Humor, humour, political satire, richard nixon prize, roger hollander, satire, Stephen Harper, tar sands, yves engler
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by YVES ENGLER
At a ceremony in New York today the Appeal of Conscience Foundation will present Stephen Harper with its World Statesman of the Year award. Former U.S. secretary of state Henry Kissinger will deliver the prize.
Canada’s Prime Minister is really racking up the hardware. This morning a coalition of international and community groups announced that Harper has won the first ever Richard Nixon Prize. The award is given to a leader for pursuing “principled, forthright and steadfast international policies in the interests of the rich and powerful, regardless of the consequences” to everyone else.
The decision to grant Harper the Richard Nixon Prize was made after a thorough review of his foreign policy.
The grantees cited Harper’s “consistent backing of the interests of North America’s top 1% of income earners, with a special emphasis on supporting those who make their billions from resource extraction, weaponry and banking.”
The committee applauded Harper for bombing Libya into democracy. It took special note that this was probably also good for certain oil and gas interests.
“In the best tradition of Richard Nixon who could always keep a straight face,” the committee praised Harper for at the same time “standing by Egypt’s Hosni Mubarak until the final hours of his 30-year presidency.”
In Afghanistan the Prime Minister has stayed committed to war even though most Canadians want to bring the troops home, the prize committee said in a statement. Harper’s decision to continue to deploy 1,000 troops as well as special forces is exactly what America’s 37th president would have done. “Canadian special forces play an important role in US-led nighttime assassination raids. When a parliamentary committee began asking inappropriate questions about Afghan detainees Harper refused to buckle and simply closed shop,” said the committee’s statement. “Richard Nixon would have been proud.”
The committee also analyzed several more obscure aspects of Harper’s international policy.
“We applaud Canada’s decision to send 2,000 troops to Haiti days after the 2010 earthquake. It took real courage to send troops to ‘secure order’ for Haiti’s elite when many other countries misguidedly focused on search and rescue teams to pull injured people from under rubble.”
Despite Harper’s Conservative government being the biggest backer of the world’s mining industry, ordinary Canadians just don’t understand how valuable this is to the wealthy, the committee said. “We appreciate the Prime Minister’s commitment to advancing Canadian mining companies’ interests abroad. All investors benefit.”
As for calls that Ottawa should regulate Canadian mining corporations’ behavior abroad, “Conservative officials have repeatedly pointed out that most companies have corporate social responsibility programs to take care of any problems they may face with noisy indigenous communities in Latin America or elsewhere. That’s exactly the position Richard Nixon would have taken.” The prize committee also noted that many of the individuals running big Canadian mining companies are good people who fund university programs, think tanks and other initiatives designed to defend the way of life of the 1%.
As for one of the most controversial foreign affairs issues he’s dealt with Harper’s made a simple – and correct – calculation, the committee said. While almost the entire world backs the Palestinians in their bid for a small state, why should we? As Richard Nixon certainly believed, Canada’s job is to support the United States and the West, in that order.
Finally, the Richard Nixon Prize grantees said they thoroughly support Harper’s international environmental policy. “The Prime Minister has firmly challenged those in Washington and Europe who call the tar sands “dirty oil”. At international climate negotiations Harper has made the tough decision to support more carbon in our atmosphere rather than simply accede to an overwhelming international consensus. His government repeatedly blocked climate negotiations and withdrew Canada from the Kyoto protocol, what he once correctly called a ‘socialist scheme’ to suck money out of rich countries.”
The Richard Nixon Prize will be given to Prime Minister Harper the next time he visits Honduras, where he helped overthrow the elected president, who was such a pain in the ass.
Yves Engler’s latest book is Lester Pearson’s Peacekeeping: the truth may hurt.
Showdown in Peru: Indigenous Communities Kick Out Canadian Mining Company September 21, 2011Posted by rogerhollander in Canada, Latin America, Peru.
Tags: alan garcia, bear creek, benjamin dangl, Canada, canada mining, canadian mining, mining industry, ollanta humala, Peru, peru economy, peru indigenous, peru mining, peru poverty, roger hollander
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Canada Mines African Discontent June 7, 2011Posted by rogerhollander in Africa, Canada, Tanzania.
Tags: Africa, african barrick gold, barrick, Canada, canada government, canada mining, fipa, gold mining, linda mcquaig, multi-nationals, multinationals, roger hollander, Stephen Harper, tanzania, tanzania poverty
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While Canadians may think of ourselves as best known for owning the Olympic podium, among Africans we may actually be better known — and not particularly liked — for owning their natural resources.
Once beloved on the continent, Canada is no longer so fondly regarded in Africa.
The new, less enthusiastic view of Canada was vividly illustrated last month when more than 1,500 desperately poor Tanzanian villagers picked up machetes, rocks and hammers and stormed the mining compound of Canadian-owned African Barrick Gold.
The uprising — leading to the shooting deaths of seven of the villagers by police and security forces at the mine — is a startling reminder that theories widely held in the West about the benefits of foreign investment for the developing world are not always shared by people on the receiving end.
In theory, Barrick’s arrival in the 1990s has been a boon to the Tanzanian economy, pushing it toward development.
In reality, Tanzania has collected only a pittance in taxes and royalties from Barrick and other foreign multinationals through contracts that are shrouded in secrecy. So, although it sits on massive gold reserves worth more than $40 billion, Tanzania remains one of world’s 10 poorest countries.
A 2008 investigation funded by Norwegian church groups concluded that Tanzania collected an average of only $21.7 million (U.S.) a year in royalty and taxes on more than $2.5 billion worth of gold exported over the previous five years. The investigation also estimated some 400,000 Tanzanians, who formerly mined for gold with nothing but their own picks, shovels and ropes, have been left unemployed by the giant mining operations.
Two months after that report, a government-appointed commission headed by retired Tanzanian judge Mark Bomani strongly urged imposing higher royalties and taxes on the foreign mining companies.
With growing popular pressure for tougher legislation, the Canadian government intervened on the side of the multinationals, pressuring the Tanzanian government and parliament to oppose Bomani’s proposed reforms.
Officials from the Canadian High Commission launched an “intense” lobbying mission with Tanzanian legislators aimed at blocking the reforms, according to reports in the Tanzanian newspaper ThisDay.
Ottawa also sought to head off potentially tougher rules governing Canadian mining companies by pressing for stronger investor protections in trade talks with Tanzania, aimed at securing what Canada calls a Foreign Investment Promotion and Protection Agreement (FIPA).
“Canada’s objective in entering these negotiations is to secure a comprehensive, high-quality agreement to protect investors through the establishment of a framework of legally binding rights and obligations,” says a posting on the website of Canada’s Department of Foreign Affairs and International Trade.
The FIPA is “purely an instrument aimed at protecting the interests of Canadian companies in Tanzania,” according to Zitto Kabwe, a Tanzanian parliamentarian.
All this seems to be a departure from the way Canada used to operate in Africa.
Back in the 1970s, Canada actually gave African countries help, teaching them how to negotiate better deals with foreign multinationals, says Linda Freeman, a political scientist at Carleton University who specializes in African political economy.
Today, Freeman notes, Canada is solidly on the side of the multinationals, pressuring vulnerable African nations to accept deals favourable to multinationals, with negative implications for their own populations.
Do Canadians care about any of this? Apparently not, according to Canadian parliamentarians, who last fall narrowly voted to defeat a private member’s bill aimed at holding Canadian companies operating abroad more accountable here in Canada.
The bill would have made a significant difference in how last month’s violence in Tanzania will be investigated, according to Jamie Kneen, with the Ottawa-based watchdog group Mining Watch.
The killings — and additional allegations of rape — are being investigated by Tanzanian police and by Barrick.
But the private member’s bill would have entitled villagers to a Canadian government investigation, with potential repercussions for Canadian companies found to have behaved improperly.
The tragic defeat of that bill — and the Harper government’s intense focus on championing rights for Canadian corporations — has left Canada flexing its muscle against some of the world’s most impoverished people.
Taking stock of Canada’s mining industry: Landmark lawsuit against the Toronto Stock Exchange could strip Canadian mining companies of impunity May 11, 2010Posted by rogerhollander in Latin America, Canada, Ecuador, Environment, Energy.
Tags: Ecuador, Canada, roger hollander, Latin America, human rights, mining, ecuador environment, ascendant copper, ecuador mining, environment, jennifer moore, copper mining, intag, canada mining, canada justice, open-pit mining, copper mesa, toronto stock exchange, marcia ramirez
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By Jennifer Moore
Marcia Ramírez hopes to set a precedent in Canadian courts that will benefit peasant farmers and indigenous peoples across the Global South.
A community leader in her mid-20s, Ramírez is one of three Ecuadorian plaintiffs suing the Toronto Stock Exchange for over $1.5 billion. The lawsuit alleges that violence in their rural community could have been avoided had the TSX not listed the Copper Mesa Mining Corporation (formerly Ascendant Copper), which is also named in the lawsuit. The TSX Group and TSX Inc. are accused of causing or materially contributing to alleged violence committed by the company in response to local opposition to an open-pit copper mine. An environmental impact study had indicated that the mine would displace several communities and jeopardize the health of forests and rivers in the northwestern valley of Intag. The defendants have vigorously denied the allegations.
“I ask the noble people of Canada,” Ramírez stated in her comments when the civil suit was filed in March 2009, “that you demand from your elected authorities significant changes in your national legislation so that what has happened with Copper Mesa in Intag will never happen again, not in Intag nor in any other part of the world.”
The TSX is a principal source of global mining financing today and specializes in services for junior mining companies like Copper Mesa. According to the Mining Association of Canada, 55 per cent of the world’s publicly traded mining companies were listed on the TSX at the end of 2008, far more than any other stock exchange. Canadian stock exchanges also provided 31 per cent of the world’s mining equity and handled 81 per cent of financing transactions for the global mining industry between 2004 and 2009.
In Latin America, a prime target for Canadian mining investments, Canadian-listed companies operate roughly 1,400 projects and have been the focal point of widespread protests and human rights abuses throughout the region. Just in the past year, anti-mining activists have been reported killed in Mexico, El Salvador and Guatemala in presumed relation to Canadian projects. In Argentina and Honduras, Canadian operations have led to complaints of water scarcity, contamination and illness. In Peru, a Canadian mining operation has provoked opposition among northern Amazonian peoples who question why a national park intended to protect their territory was reduced by half, giving miners access to pristine forests in headwaters of great importance to them. Alleged human rights violations and abuses by such companies are seldom investigated and almost never brought to justice.
As a result, Canadian mining companies have developed a reputation for human rights violations and environmental devastation that even the United Nations Committee on the Elimination of Racism has complained about. Members of the Canadian Network on Corporate Accountability were also dismayed when the government released a belated response to a series of public recommendations on the Canadian overseas extractive industry in March 2009 that only reaffirmed its commitment to the status quo: voluntary Corporate Social Responsibility guidelines. The government’s position “falls far short of international human rights norms,” said Amnesty International. KAIROS, a faith-based organization advocating for human rights, ecological and ecumenical justice, complained that Canada leaves “mining-affected communities with no recourse.” MiningWatch added that the government’s complaint mechanism “undermines the principle of independent fact-finding.” One survey of Canadian mining companies has also demonstrated that adherence to international standards by our overseas extractive industry is “inordinately” low, especially among junior mining companies.
In other words, voluntary principles are not enough.
Intag, Ecuador, says no
The Ecuadorian community of Intag has a long history of opposition to large-scale copper mining, beginning with the expulsion of a Japanese mining company in the 1990s. In 1997, Bishi Metals left the area when locals balked after obtaining a copy of its environmental impact assessment, which detailed how its projected open-pit mine would cause deforestation, dry up rivers and displace at least four local communities.
Following this victory, Intag continued organizing, aware that although Bishi was gone, the copper remained. Various initiatives were undertaken to demonstrate that Intag could live without mining, including a local conservation organization, an ecotourism project, a women’s committee, a committee of all the rural parishes in the valley, a coffee co-operative, a community newspaper, a local radio station and a community development association.
By the time Copper Mesa acquired mineral rights in Intag in 2004, it was local organizations rather than the technical challenges of working in the remote area that would prove to be its greatest obstacle. As a result of the strong collective response, the company never managed to get a drill in the ground.
According to Polivio Pérez, president of the Community Development Council for the rural parish in which Copper Mesa’s project is situated, “the company came in trying to buy support and divide the communities” in an effort to weaken local resistance. When it could not gain enough support, he continues, “they tried to enter by force.”
Prior to listing the company in 2005, the TSX was warned that violence and human rights abuses could result from facilitating access to capital. Human rights abuses had already been documented by the well-respected Ecumenical Human Rights Commission in Quito (CEDHU), including physical mistreatment, death threats, persecution, slander, false charges against community leaders and intimidation. Such concerns motivated the county mayor to write a letter to the finance and audit committee of the TSX urging them not to list the company. The company’s own prospectus, which the stock exchange requires of companies before they are listed, also indicated “the potential of further escalating violence” given existing problems with its community relations in Intag.
It was no surprise, then, that things heated up once the company was listed and started raising funds.
The worst incident, both Ramírez and Pérez agree, occurred in December 2006 when heavily armed security guards were hired to reach the company’s mineral claims and set up camp.
Villagers blocked the only access road to the potential mining site with a single-link chain and stood guard. A sign posted on a nearby tree read: “Mining companies are prohibited here. We don’t sell our land, we defend it.”
The residents, including men, women and children, refused to let the private security agents pass. But the guards were impervious to their arguments and began to fire their weapons and to spray Ramírez and others at close range with tear gas. Israel Pérez, the third plaintiff in the case and Polivio’s brother, was shot and injured in the leg.
In response, local residents successfully carried out a peaceful citizen’s arrest and the guards were held in a local church for several days until local authorities arrived. “Despite being assaulted with tear gas and bullets,” says Polivio Pérez, “we were able to demonstrate once again the strength of our local organization and our decisiveness [against mining] here.”
The incident was captured on film by two German journalism students and is featured in Malcolm Rogge’s 2008 film Under Rich Earth. Ultimately, government authorities suspended the project and declared that they were unable to process the company’s environmental impact assessment.
Months later, after company directors had been personally informed about the December events and persisting tensions, individuals believed to be linked to the company assaulted and uttered death threats against Polivio Pérez. The statement of claim for the lawsuit alleges that the directors could have done more to avoid further confrontations, such as actually signing and implementing the “Voluntary Principles on Security and Human Rights” that the company publicly purported to respect.
Challenging Canada’s “judicial paradise”
The Toronto-based Klippenstein legal firm, best known for its defence of the Dudley George family against the province of Ontario, is representing the Ecuadorian villagers in their suit against the TSX and Copper Mesa. Their lawsuit, Murray Klippenstein says, seeks “the same level of corporate accountability that is expected in all other areas of Canadian life.” He anticipates a tough battle.
In 1997, the last time a mining company was sued in Canada, the plaintiffs were told to go elsewhere. Twenty-three thousand Guyanese villagers filed a class-action lawsuit against Cambior after the collapse of its tailings dam at the Omai Mine, which polluted their water supply. But the Quebec Superior Court ruled that it was not the best jurisdiction for the case. When the suit was later filed in Guyana, it was dismissed and the plaintiffs were ordered to pay the defendant’s legal costs.
In order to address jurisdictional issues, explains Klippenstein, the Intag lawsuit focuses on decisions that stock exchange and company executives made in Ontario, “rather than on the finger that pulled the trigger in Ecuador.”
This aspect of the legal strategy appears to be working. The Toronto lawyer says that the TSX and Copper Mesa have decided not to challenge the Ontario court jurisdiction. This puts them one step ahead and potentially trims years off the time they might have spent in legal battles before going to trial.
However, it is not just the reticence of Canadian courts to deal with cases of abuse beyond our own borders that this case aims to confront, but also the skittishness of an entire industry to subject itself to legal oversight.
Given the weak reporting requirements for listing on the TSX and the lack of relevant legislation in Canada, author Alain Deneault calls Canada a “judicial paradise” for our overseas mining industry. “Listing on the Toronto Stock Exchange,” writes Deneault, who co-authored an exposé of Canadian mining abuses in Africa entitled Noir Canada, “is a way of seeking shelter in one of the more permissive stock exchanges in the world, while taking advantage of the reputation of the rule of law in Canada – all the while knowing that one is outside of state control and regulation when operating overseas.”
The Toronto Stock Exchange openly markets itself to companies hoping to work in areas with weak governmental institutions and vulnerability to conflict and violence. Its own online promotional materials give the example of the Democratic Republic of Congo as one potential site for which it can help companies raise financing.
In other words, the Intag lawsuit is just the tip of the iceberg. Just as Klippenstein’s legal team will argue that members of Copper Mesa’s board of directors and the TSX had significant prior indications that further violence and human rights abuses could result from listing Copper Mesa Mining, it is highly possible that a plethora of other such cases exist for which this lawsuit could set an important precedent. Coincidentally, the same year that Copper Mesa was listed, La Presse reported that another junior mining company was allegedly implicated in the massacre of about 100 Congolese civilians.
MiningWatch Canada is a coalition of 18 faith, social justice, indigenous and union organizations. Communications and Outreach Coordinator Jamie Kneen told Briarpatch that if the lawsuit succeeds it could really “open the door” for other communities that have been harmed as a result of Canadian mining operations. From the Congo to Papua New Guinea to Guatemala, people who have faced illegal land appropriations, forced relocation, water contamination, threats or even murder could sue.
The lack of suitable mechanisms for addressing such disputes in Canada has also drawn the attention of parliamentarians and legal experts. Recently, Supreme Court Justice Ian Binnie, speaking at the 2008 Canadian Bar Association conference, urged Canada to draw up new legislation that would provide a forum for foreign citizens and companies to have such cases heard. In the spring of 2009, two Members of Parliament initiated attempts at legislative reform by tabling private member’s bills. NDP MP Peter Julian’s Bill C-354 aimed to replicate the U.S. Alien Tort Claims Act, which allows foreign citizens to fight global human rights violations in U.S. courts, while Liberal MP John McKay’s Bill C-300 would make public financing for the extractive industry subject to government oversight. Up against a fierce industry lobby and government opposition, both bills were stalled when Parliament was prorogued.
“It’s not fair,” says Ramírez, “that a foreign company comes onto our land and violates our rights, when all we want is to live in a clean environment and to defend our water and our land.” She hopes, after the procedural battles are over, for a cathartic day in court when “the stock exchange will listen and understand that we’ve been hurt by a company of theirs.”
Ramírez, the other plaintiffs and the legal team will face a tough fight. But the underlying principle of their case is straightforward, says Klippenstein: “You shouldn’t harm somebody and you shouldn’t use your money to hire someone whom you know is likely to do harm” – a golden rule that Canadians would likely agree to in any other circumstances.
However, only time will tell whether Canadian courts are prepared to hear Ramírez’s voice and those of many others calling for a 180-degree turnaround in a sector rife with human rights and environmental abuses.
Tags: Ecuador, Canada, roger hollander, human rights, Canadian mining industry, mining contamination, Copper Mesa Mining, ascendant copper, environment, jennifer moore, copper mining, intag, tmx group, canada mining, murray klippenstein, dudley george, ipperwash, open-pit copper mining, biodiversity hotspots, tropical andes, tyee, environmental assessment, rio tinto, mining violence, under rich earth, malcolm rogge, mining watch, multinational enterprises, earth canada, canadian mining companies
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Ecuador, December of 2006: Armed security guards fire guns and tear gas as they confront villagers opposed to a Canadian-financed mine. Photo by Elizabeth Weydt.
TMX Group denies claim. Win could affect thousands of other projects by Canadian companies.
Published: March 3, 2009
“Financing being raised in Canada is travelling across borders to do harm,” said lawyer Murray Klippenstein by phone from his office in Toronto. “We want to find out if our legal system can respond to this.”
Klippenstein is perhaps best known for his representation of the estate and family of native activist Dudley George, who was shot and killed by police in Ipperwash Provincial Park in Ontario in 1995. This lawsuit revealed deep political involvement from the premier’s office and resulted in a landmark public inquiry.
In another ambitious and possibly precedent-setting case, Klippenstein is representing three villagers from the valley of Intag in northwestern Ecuador who are suing Copper Mesa Mining Corporation (TSX:CUX) and the Toronto Stock Exchange. They allege that company directors and the TMX Group have not done enough to reduce the risk of harm being faced by farmers and community leaders in Intag who have faced violent threats and attacks for opposition to a large open-pit copper mine in their pristine cloud forests.
Still, they hope to go further. “What is happening in Intag is illustrative of a wider problem,” a summary of the legal claim states, “the corporate and financial unaccountability of the Canadian mining industry.” So while the case uses established legal principles, the plaintiffs hope it will lead to long-awaited legal reforms to help better control thousands of Canadian financed projects abroad.
Klippenstein, who said he “has learned to go miles on very little,” acknowledges the “staggering financial mismatch” and says that companies have hundreds of millions of dollars to gain, so it won’t surprise him if they spend tens of millions on the case. He also anticipates years of counterattacks, including motions and appeals on technicalities.
But he emphasized that the basics of the case are straightforward. “There’s a simple fundamental legal point that you shouldn’t harm somebody and that you shouldn’t use your money to hire someone who you know is likely to do harm.”
Marcia Ramírez is secretary of the Intag Community Development Committee. She lives near the end of the road in an isolated village in one of the most biodiverse places on earth. Her community of Chalguayaco Alto sits at the crossroads of two biodiversity hotspots, the Tumbes-Chocó-Magdalena and the Tropical Andes.
“It isn’t fair,” she told The Tyee, “that a foreign company can come here and contract people who attack us for defending our rights, for wanting to live in a healthy environment, for defending our land and our water.” She added, “We’d like the stock exchange to listen to us and to understand that we’ve been very hurt by one of their companies.”
Now 25 years old, the fight against large scale copper mining has marked daily life for the diplomatic and dedicated leader since she was about 12.
Broad-based opposition to large scale copper mining arose when a Japanese company was initially carrying out mineral exploration a short distance away. When the company released its Environmental Impact Assessment report for the proposed mine, the news that four communities would be displaced, as well as massive deforestation, local desertification, river contamination and harm to endangered species sparked vociferous opposition that persists.
Since Copper Mesa, who has a strategic alliance with the giant Rio Tinto, took over the project in 2004, new issues have emerged with apparent attempts to break the opposition. Now land trafficking, threats of violence, as well as relatively high-paying job offers have been driving a wedge between neighbours and families in these rural communities.
“But,” commented Ramírez, “what most hurt is when they came… with armed men and sprayed us with gas.”
In early December 2006, over 50 heavily armed security guards, mostly ex-soldiers, were hired to reach company concessions and set up camp. Local residents had been tipped off and gathered along the narrow dirt road that the company-hired trucks would have to pass. When they arrived, Ramírez and others tried to urge the armed men to turn around. But instead, the security agents sprayed tear gas into their faces from only a metre away and fired their weapons into the air, injuring one man, also a plaintiff in the case.
When the residents didn’t back down, the guards finally retreated.
The incident was caught on film by a European student researching the controversy and is retold as part of the recent film Under Rich Earth by director Malcolm Rogge that debuted at the Toronto International Film Festival in September. It has also been denounced in a complaint to the Inter-American Human Rights Commission.
Canadian authorities were warned that such an incident could arise.
On March 8th, 2005, three months before Copper Mesa (then Ascendant Copper) was listed on the TSX, County Mayor Auki Tituaña wrote to the Finance and Audit Committee of the Toronto Stock Exchange: “We consider it to be appropriate and fair that before accepting open “trade” of Ascendant Copper Corporation’s stocks in the Stock Market, you evaluate in depth the “new” company’s merits…”
Included in his list of 14 concerns were lack of prior community consultation, lack of legally required municipal approval, violation of a municipal ordinance that declares the area an “Ecological County,” as well as attempts to foster divisions as a “means to achieve company profits against the citizen’s will and at a cost of the loss of unique biodiversity in our territory.”
Then in May, Carlos Zorrilla, executive director of the Ecological Defense and Conservation of Intag (DECOIN), travelled to Ottawa to present a complaint to the Department of Foreign Affairs claiming that Copper Mesa had violated the Organization for Economic Cooperation and Development’s (OECD) Guidelines for Multinational Enterprises. Mining Watch and Friends of the Earth Canada supported the claim.
“I’m here,” he says in a press release, “because Canadians need to understand the real risk of violence that is emerging as a result of this company’s activities.” He added, “The Canadian government must take action to curb the excesses of Canadian mining companies operating and exploring overseas.”
The complaint was withdrawn after eight months when it was apparent that the appropriate authorities would not apply the relevant procedures. The legal summary notes that “the TSX stock market listing of Copper Mesa has allowed the company to obtain over $25 million in capital funds — some of which paid for the armed attackers” in December 2006.
Carolyn Quick, director of corporate communications for the TMX Group, told The Tyee her firm considers the case to be “entirely without merit” and that they will “vigorously defend this position.” She would give no further comment about the letter from Mayor Tituaña nor the complaint made to DFAIT. No one from Copper Mesa was available to speak with The Tyee.
Globalization of legal accountability
Another challenge in holding companies to account in Canada, where the bulk of the world’s mining companies are based, are complicated corporate structures that criss-cross continents.
“By dispersing their actions across borders and saying that ‘Well, we didn’t do that in Canada or Ecuador, that decision was made in the U.S.,’ they can evade accountability. The courts can respond and say ‘Take this case somewhere else,'” says Klippenstein.
Copper Mesa whose headquarters in Colorado, “has connections to some nine different legal jurisdictions, making it difficult to identify which jurisdiction is the proper one in which to hold the corporation accountable,” says the legal summary of the case.
The former website of Copper Mesa (then Ascendant Copper) acknowledged that its corporate structure makes suing directors difficult: “All of the directors of Ascendant and substantially all of their assets and those of Ascendant are located outside of Canada. It may not be possible for purchasers of securities being qualified for distribution under this prospectus to effect service of process within Canada upon directors who reside outside of Canada…”
It is for this reason that the lawsuit focuses on decisions allegedly made in Ontario.
‘Establish clear legal norms in Canada’
However, one possible advantage for rural residents of Intag preparing for a lengthy legal battle on tricky Canadian territory is that they are not alone in their concern.
Their broader goals for legal regulations of Canadian mining companies echo what the Standing Committee on Foreign Affairs and International Trade (SCFAIT) and the United Nations Committee on the Elimination of Racial Discrimination and other civil society groups have already been saying.
While Carlos Zorrilla was in Ottawa in 2005, the SCFAIT was writing its 14th report, which recommended that the government “Establish clear legal norms in Canada to ensure that Canadian companies and residents are held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies.”
The government responded saying that it “will continue to examine the best practices of other states attempting to address the accountability of businesses for activities conducted abroad.” But it has yet to implement mandatory rules.
Still Klippenstein is hopeful in the face of tough odds. “One has to trust in the promise of a certain amount of fairness and independence that the justice system can provide. It has been shown that powerful people can be brought to kneel this way before.”
It took eight years of legal proceedings before a public inquiry was called in the Dudley George case. They never even made it to court, but a long list of recommendations was implemented.
Ramírez is also optimistic that they have a chance at justice through Canadian courts as part of their fight to leave Intag’s cloud forests intact.
She points out the variety of sustainable development projects that they have been working on as alternatives to large scale mining, including community owned watersheds, a mixed mini-hydroelectric company, as well as agricultural and tourism initiatives. She urges Canadians to see the benefits: “We want future generations to have what we have.”
Related Tyee stories:
- Canada Throws Ecuador into Reverse
When a little nation reined in big miners, our ambassador got very political.
- Turning Down a Gold Mine
In Guatemala, angry locals vote no, but BC firm presses on.
- Canadian Miners Sour on Burma
Ties with junta earned millions for BC-based Ivanhoe.
Jennifer Moore is a freelance journalist in Ecuador.