Der Chef der Wet’suwet’en kann sich nicht auf indigenes Recht berufen, um eine strafrechtliche Verurteilung aufzuheben, urteilt ein Gericht in British Columbia
https://www.cbc.ca/news/canada/british-columbia/wet-suwet-en-chief-coastal-gaslink-conviction-9.7180386
4 Kommentare
Does this guy not realise that „I don’t have to follow the law, I’m indigenous“ is sooner or later going to lead to blowback of epic proportions?
How is a country supposed to function like that?
I get that indigenous groups have historically not exactly been treated fairly. I get the frustration.
But this kind of behaviour risks undoing the progress of the last ten years. You can’t demand the protection and benefits of federal and provincial law, but refuse to follow it yourself when it’s inconvenient.
Weird to try and gin up a story out of a Court making the ruling everyone expected them to, they issued the injunction in the first place, they weren’t going to turn around and admit the court has no jurisdiction over indigenous protesters defending their land, that was pretty obviously the point when they originally issued it.
The argument is obviously consistent with the Chief’s beliefs and legal theory, it would be malpractice for his attorneys not to present the argument, but it doesn’t seem remotely newsworthy in itself.
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So… if this is the land of that particular tribe, then what authority does the government have to just trample on those treaty rights? Moreover if the tribes are sovereign enough to have treaties made with them certainly that still exists.
And with this
> Chief Dsta’hyl, also known as Adam Bernard Gagnon, appealed his criminal contempt conviction after he was found in violation of an injunction to prevent protesters impeding work on the Coastal GasLink pipeline in 2021.
[…] The Appeal Court ruling says disobeying the injunction was not a „last resort,“ because „there were other lawful and peaceful means available to him to challenge the injunction.“
If the building is continuing anyway, the that is the last resort because the company wasn’t going to stop.