Question Period Note: Coastal Gaslink Pipeline Protests

On December 11, 2023, CBC News published an article entitled, “Amnesty International reports ‘ongoing violations’ of human rights on Wet’suwet’en territory”.

• The Government of Canada respects and protects the right to peaceful demonstrations as guaranteed under the Canadian Charter of Rights and Freedoms, and remains committed to dialogue and de-escalation towards peaceful resolutions.

• The RCMP employs a measured approach that involves proactive engagement, communication, and facilitation measures by police to support lawful and peaceful protest in an environment safe for protesters, members of the public, and stakeholders.

• The Government of Canada remains committed to reconciliation with Indigenous communities and will continue to work with all stakeholders.

• The preservation of community and officer safety will continue to be prioritized, as well as maintaining peace and order.

On December 11, 2023, CBC News published an article entitled, “Amnesty International reports ‘ongoing violations’ of human rights on Wet’suwet’en territory” regarding the RCMP’s actions vis-à-vis the Coastal GasLink (CGL) Pipeline project. The article outlines the findings of Amnesty International’s report, including alleged significant police presence, intrusive surveillance and control tactics, disproportionate police responses, arbitrary arrests and detention, racial discrimination and intimidation/harassment. The article also outlines the RCMP’s response to the allegations, that the RCMP provided an official response to Amnesty International, that the RCMP is being reviewed by the Civilian Review and Complaints Commission on this issue.

The CGL Pipeline project is a 670 km pipeline to deliver natural gas from Dawson Creek to Kitimat, British Columbia. CGL concluded 20 benefit agreements with Indigenous groups along the pipeline route, including with four of the five Wet’suwet’en Indian Act bands. Although all the Wet’suwet’en band councils support the project, the Hereditary Chiefs, represented by the Office of the Wet’suwet’en (OW), are opposed to the project as the proposed route goes through their traditional territory, to which they assert Indigenous title. This created a sharp divide in the Wet’suwet’en community and led to protests and blockades.

On December 14, 2018, CGL obtained an Interim Injunction with a Police Enforcement Order to prevent interference with the company’s operations. This injunction, intended to prevent anyone from interfering with CGL’s legal right to conduct their work, contains an enforcement clause that authorizes the RCMP to arrest any person that they have reasonable and probable grounds to believe is contravening the injunction. The RCMP retains the discretion as to the timing and manner of enforcement. Despite continued dialogue with the OW, who are opposed to the pipeline, protestors demonstrated that they would permit neither the company nor the police to enter the area. The RCMP enforced the Injunction on January 7, 2019, dismantled the protestors’ barricade and arrested 14 individuals, drawing criticism from Indigenous communities and other sectors. In the intervening period, a joint protocol brokered by the RCMP between CGL and Hereditary Chiefs was developed to grant both CGL and the Wet’suwet’en access to the area, the latter for the purpose of traditional activities.

However, on December 31, 2019, subsequent to a second CGL application, the BC Supreme Court vacated the above Interim Injunction and replaced it with an interlocutory version (an Order that is valid until trial). On January 4, 2020, Wet’suwet’en Hereditary Chiefs ordered CGL to vacate the territory. The RCMP enforced the interim injunction on February 7, 2020, and over the next three days arrested 22 individuals. In response, various groups across the country set up protests and blockades in support of the Wet’suwet’en. One of these, a railway blockade on the Tyendinaga Mohawk Territory in Ontario, halted railway activity between Montreal and Toronto for a protracted period. This led to an escalation of rail and road blockades across the country for a number of weeks. On May 14, 2020, high-level talks between the provincial and federal governments and the Wet’suwet’en led to a memorandum of understanding (MOU) to guide future negotiations on Indigenous rights and title.

Online rhetoric increased throughout fall 2021, with increased calls for mobilization, leading to protestors once again establishing themselves in the area. The RCMP has maintained a measured approach to avoid escalation while being proactively engaged, through maintaining contact with Hereditary Chief Woos (Frank Alec) of the Gidimt’en Clan to seek a peaceful resolution. Protestors, and their associated groups, have called for direct action against police and others in previous confrontations. There were a number of protests and actions taken in November 2021, including the stranding of approximately 700 workers behind the blockades, necessitating an RCMP response to rescue the workers, as well as a railway blockade.

On February 17, 2022, the RCMP was notified that a group of individuals had attended a CGL drill site, attacked employees and were caused significant damage to equipment and vehicles with axes. RCMP officers responded to the scene and encountered multiple blockades on the forest service road that leads to the drill site. In clearing the blockades, an RCMP officer was injured when stepping on a board that had nails sticking out, which appears to have been intentionally placed by the attackers.

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