Canada is supposed to be where people come to live because it's a nice country where people are free, but it doesn’t feel like that for First Nations communities and land defenders.
The Wet’suwet’en Nation has over 5000 members organized in five clans: Gil-Seyhu (Big Frog), Laksilyu (Small Frog), Gidimt’en (Wolf/Bear), Laksamshu (Fireweed) and Tsayu (Beaver). These clans are made up of thirteen matrilineal house groups. Each house group has a House Chief and supporting wing chiefs who hold advisory roles and assist in decision making. House Chiefs represent their houses. The various House Chiefs within a clan collectively represent the entire clan. Under ‘Anuc niwh’it’en (Wet’suwet’en law), each clan has the responsibility and authority to control access to their territories. There are also six Wet’suwet’en bands: Hagwilget Village First Nation, Nee Tahi Buhn Band, Skin Tyee Band, Ts’il Kaz Koh First Nation, Wet’suwet’en First Nation and Witset First Nation.
The Wet’suwet’en Nation, under the governance of its Hereditary Chiefs, is defending its ancestral, unceded territory against the construction of the Coastal GasLink (CGL) pipeline. The pipeline, owned by Coastal GasLink Pipeline Ltd. and TC Energy Corporation is meant to transport natural gas extracted from the Dawson Creek area in British Columbia (B.C.) to a liquified natural gas (LNG) export facility near Kitimat, B.C. If construction of the 670-kilometre-long pipeline is completed, it will divide Wet’suwet’en territory into two.
The Wet’suwet’en have never sold, surrendered or in any way relinquished their collective title to their territories. The Wet’suwet’en Hereditary Chiefs –the ancestral authorities of the Nation according to Wet’suwet’en law and as affirmed by the Supreme Court of Canada’s Delgamuukw-Gisday’wa decision– oppose the pipeline’s construction on behalf of their clans.
For over a decade, Wet’suwet’en land defenders have been constructing what they refer to as “re-occupation sites” across the Yin’tah (Wet’suwet’en territory) as a way of re-affirming their authority over it, as well as to protect it from environmentally destructive projects and industries.
The Wet’suwet’en Hereditary Chiefs have implemented a free, prior and informed consent protocol that requires any visitors to the territory to seek their permission in order to enter. CGL has never received this permission nor consent to operate on Wet’suwet’en territory. In February 2019, Wet’suwet’en Hereditary Chiefs called for a stop work order on the pipeline.
They issued eviction notices to CGL in January 2020 and reaffirmed the eviction in November 2021. Even though the Wet’suwet’en Hereditary Chiefs have consistently withheld their consent for the CGL pipeline project, construction of the pipeline is proceeding without their free, prior and informed consent.
I feel like I have such a connection to my ancestors on the territory, because they're still around. The same trees are here that on the trails that they've walked. Having that sense of belonging and connection is been really important to me, and I also just see all of the suffering that our people are experiencing. And I know that the land and connection to the land is what makes us who we are.
In December 2019, the British Columbia Supreme Court (BCSC) granted CGL an interlocutory injunction which prevents Wet’suwet’en land defenders and their supporters from blockading the Morice Forest Service Road to attempt to stop pipeline construction in Wet’suwet’en territory. The injunction includes enforcement provisions under which land defenders can be arrested for approaching pipeline construction sites and blockading the road, even though these sites are located on Wet’suwet’en territory. The injunction has permitted CGL to proceed with pipeline construction without adequate consultation and without the Wet’suwet’en Nation’s free, prior and informed consent.
Operating under the injunction, the Royal Canadian Mounted Police (RCMP), its Critical Response Unit (CRU) and CGL’s private security firm, Forsythe Security, intimidate, harass and unlawfully surveil Wet’suwet’en land defenders.
Credit: Youtube/Gidimt’en Access Point – Police confronting Wet’suwet’en land defenders
From January 2019 to March 2023, the RCMP undertook four large-scale police operations against Wet’suwet’en land defenders and their supporters on Wet’suwet’en territory as a way of enforcing the injunction. During these raids, the RCMP were equipped with semi-automatic weapons, helicopters and dog units.
Over 75 land defenders were arbitrarily arrested and detained, solely for exercising their Indigenous rights and their rights to freedom of expression and peaceful assembly.
In June and July 2022, the B.C. Prosecution Service decided to prosecute 20 land defenders with criminal contempt for allegedly disobeying the injunction order to stay away from pipeline construction sites. Five out of the 20 land defenders pled guilty in December 2022 because of their bail conditions, which prohibited them from being on Wet’suwet’en territory and any other frontline resistance against extractive projects across Canada, as well as the psychological and financial impacts that the criminal trial process was having on them. Five others had the charges dropped against them, and three are awaiting next steps.
Several land defenders went on trial in 2023 and 2024. In November 2023, land defender Sabina Dennis was found not guilty of criminal contempt. In January 2024, land defenders Sleydo’ (Molly Wickham), Shaylynn Sampson and Corey (Jayohcee) Jocko were found guilty of criminal contempt, however, their trial is ongoing as the BCSC is considering an application which alleges that their human rights were violated by the RCMP during the raids. Their trial was set to continue the week of 17 June 2024, however, due to health circumstances, the trial was postponed and is currently underway.
In February, Likhts’amisyu Clan Wing Chief Dtsa’hyl was found guilty of criminal contempt for violating the terms of the injunction order.
This is the first time that Amnesty has declared anyone a prisoner of conscience in Canada. Amnesty’s unprecedented announcement came after Chief Dsta’hyl was sentenced to 60 days of house arrest for defending the territory of Wet’suwet’en First Nation.
The federal and British Columbia governments targeted Chief Dsta’hyl for exercising his Indigenous and Charter rights when he opposed a massive gas pipeline that is being constructed right through the territory of the Wet’suwet’en.
Likhts’amisyu Clan Wing Chief Dtsa’hyl (Photo: Alli McCracken)
The criminalization, intimidation and harassment of Wet’suwet’en land defenders form part of a concerted effort by the State to remove them from their ancestral territory to allow pipeline construction to proceed. These actions have resulted, and continue to result, in ongoing violations of the human rights of Wet’suwet’en land defenders and their supporters, including the right to life, liberty, security of the person, privacy, family life, non-discrimination, culture and their collective rights as Indigenous Peoples.
Women Wet’suwet’en land defenders have experienced both threats and acts of gender-based violence and discrimination. Wet’suwet’en and other Indigenous land defenders have experienced racial discrimination. Amnesty International also considers that CGL, and its private security company Forsythe Security, have played a role in the unlawful surveillance, intimidation, and harassment of Wet’suwet’en land defenders and therefore, have failed to respect their human rights.
Mark your calendar for a free online event: a conversation with Chief Dsta’hyl of the Wet’suwet’en Nation, Canada’s first Amnesty-designated Prisoner of Conscience.
Date: 25 September 2024
Time: 12pm-1pm EDT/9am-10am PDT
Join us on Zoom for a conversation with Chief Dsta’hyl less than a month after he completes his house arrest. Learn more about the struggle of Wet’suwet’en land defenders, and ask him any questions you may have!
Through our campaign, we aim to:
Our efforts are directed to pressure the Governments of Canada and British Columbia to:
Will you join us to help protect the rights of Wet’suwet’en Nation members and land defenders?
Hereditary Chief Na’Moks of the Wet’suwet’en Nation (Photo: Alli McCracken, Amnesty International)
They keep on talking about reconciliation, we live reconciliation every day. It looks just like that: they always have one finger on the trigger.
Wet’suwet’en solidarity protest, Mexico City (Photo: Alli McCracken, Amnesty International)
