Shameful. Reprehensible. Disgusting. Settler colonialism in action, 2022-style.
A year or so ago, I wrote about Enbridge’s cheap pr stunt aimed at sowing division among tribal members. At the time, I said it was probably the worst thing they’d ever done. But this week, they called in their pals from the Canadian government who said, “hold my beer!”
What did they do? Well, in a flagrant attempt to disregard– no, it’s worse than that, to legally destroy– the sovereign authority of the Bad River Band of the Lake Superior Tribe of Chippewa Indians, Canada has tried to invoke that 1977 pipeline treaty in the Bad River Band case. For years now, you will recall, Enbridge has been operating Line 5 illegally on the Band’s reservation in defiance of an expired easement and the Band’s order to leave their land. It’s a clear and indisputable violation, one that the courts have already allowed to continue for far too long.
But apparently just thumbing their noses at the Bad River Band’s legal rights and sovereignty isn’t enough. Now Enbridge is colluding with a federal government not only to override that authority but to set a precedent that could have far-reaching ramifications for indigenous sovereignty elsewhere and into the future. It’s a maneuver that should once and for all expose as a complete sham the hollow rhetoric of Enbridge that it cares about tribal rights as well as the Canadian government’s attempts to have you believe they respect or recognize the authority of First Nations.
Enbridge continues to say that they would like to settle the matter “amicably.” But it’s clear that only means settling it in a way that is suited to their own corporate interests, interests that the Canadian government apparently has decided are far more important than tribal rights or, say, justice. If the Biden administration has any courage or moral compass they will step in here and make it very clear that they denounce Canada’s action and that they won’t be party to upholding a recent Treaty between settler nations over and above the Treaty and sovereign rights of indigenous peoples that both precede and supersede any such agreement.
Folks, it just doesn’t get any worse than this.
Isn’t it cute how Enbridge and the Canadian government always forget about Article IV of the treaty?
ARTICLE IV
Notwithstanding the provisions of Article II and paragraph 2 of Article III, a Transit Pipeline and the transmission of hydrocarbons through a Transit Pipeline shall be subject to regulations by the appropriate governmental authorities having jurisdiction over such Transit Pipeline in the same manner as for any other pipelines or the transmission of hydrocarbons by pipeline subject to the authority of such governmental authorities with respect to such matters as the following:
pipeline safety and technical pipeline construction and operation standards;
environmental protection;
It’s almost as if they haven’t read it.
Big Oil & Gas only cares about 1 THING $$$$!