Amicus Briefs (also known as “friend of the court” briefs) in support of Nessel’s position were filed by 12 states and the District of Columbia, 63 Tribal and First Nations, the Great Lakes Business Network (a network of over 200 businesses that rely on the Great Lakes including Bell’s Brewery, Patagonia, and Cherry Republic), and an environmental group committed to protecting the Great Lakes known as For Love Of Water.
Author: whitneygravelle
Canada Files Amicus Curiae Brief in 7th Circuit Court of Appeals on Bad River Case
The Government of Canada submitted a brief as amicus curiae to once again ask the Court to consider “Canada’s Treaty rights” by invoking the 1977 Pipeline Transit Treaty.
As Canada states:
Canada is committed to the process of reconciliation and ensuring full protection for the rights of Indigenous peoples in Canada (despite ignoring indigenous human rights obligations in recent UN Human Rights Council report), including as recognized in the United Nations Declaration on the Rights of Indigenous Peoples (not seen in recent recommendations from the UN Permanent Forum on Indigenous Peoples), and respects the rights and interests of Indigenous peoples in the United States, including the Band’s governance of its Reservation (while Tribal Nations on both sides of the border tell you to quit violating their rights). To this end, Canada supports cooperative and expeditious efforts to re-route Line 5 away from the Band’s Reservation.
Line 5 Recommendations from the United Nations Permanent Forum on Indigenous Issues
In a Report from the Twenty-Second Session the United Nations Permanent Forum on Indigenous Issues, Economic and Social Council issued a recommendation on Line 5:
- The Permanent Forum calls upon Canada to re-examine its support for the
Enbridge Line 5 oil pipeline, which jeopardizes the Great Lakes in the United States.
The pipeline presents a real and credible threat to the treaty-protected fishing rights
of Indigenous Peoples in the United States and Canada. The Permanent Forum
recommends that Canada and the United States decommission Line 5.
Tribal and First Nations of the United States and Canada file Early Warning Measure and Urgent Action Procedure Request to CERD
The undersigned Tribal and First Nations submitted a petition to the Committee on the Elimination of Racial Discrimination to urge the Committee to examine the Government of Canada’s compliance with its obligations under the Convention on the Elimination of All Forms of Racial Discrimination.
The Convention requires Canada to prevent and rectify discriminatory practices direct and indirect – committed by Canadian corporations at home and abroad.
Previous UPR Filing – Line 5
Representatives of fifty-one Tribal and First Nations located in what is now the United States and Canada submitted a report to the United Nations Human Rights Council calling on the Government of Canada to stop violating the human rights of Indigenous peoples through its support for Enbridge’s Line 5 crude oil pipeline. The groups submitted the report for consideration under Canada’s upcoming Universal Periodic Review (UPR). As a U.N. member state, Canada’s human rights record is periodically scrutinized by U.N. member States through the UPR at the Human Rights Council. Canada will be reviewed during the 44th session of the UPR Working Group, which will take place from November 6 through 17 this year, and it will be Canada’s fourth review.
Line 5 Recommendations from the Special Rapporteur on the rights of Indigenous Peoples, José Francisco Calí Tzay regarding the situation of Indigenous Peoples in Canada
Here are the excerpts from the report for Line 5:
71. For example, Canada continues to support the operation of the Line 5 pipeline, despite the opposition of directly affected Indigenous Peoples in Canada and the United States of America. The transportation of crude oil and liquid natural gas by Canadian-owned Enbridge is creating the risk of a catastrophic oil spill that could contaminate the lands and waters of Indigenous Peoples on both sides of the border. Canada is advocating for the pipeline to continue operations, following the decision of a Parliamentary Committee that did not hear testimony from the affected Indigenous Peoples. The Government invoked the 1977 transit pipeline treaty with the United States to prolong Line 5 operations, which is inconsistent with its international commitment to prevent and mitigate the effects of climate change by phasing out fossil fuels.
Impact of business activities and climate change on Indigenous Peoples:
96. Canada should: (i) Suspend large-scale mining and other business activities in the Ring of Fire region and cease construction or operation of the Coastal GasLink, Trans Mountain and Line 5 pipelines, until the free, prior and informed consent of the Indigenous Peoples affected is secured.
Turtle Talk 