0:00:06.858,0:00:09.271
[ <i>NARRATOR Wab Kinew</i> ] Had it not sparked fire,

0:00:09.271,0:00:14.437
this story would be like that of many other[br]low-intensity conflicts over resources,

0:00:14.437,0:00:20.011
waiting to erupt across this oil, gas and [br]fresh water rich country.

0:00:21.821,0:00:27.097
Back in 2010 the canadian province of new [br]brunswick granted a texas based company

0:00:27.097,0:00:29.034
South Western Energy

0:00:29.034,0:00:31.785
licences to explore for shale gas.

0:00:31.785,0:00:35.917
in exchange for investment worth 47 million dollars.

0:00:36.980,0:00:43.139
If shale gas extraction goes ahead it will be[br]a boon to new brunswick's struggling economy.

0:00:43.139,0:00:49.528
The province anticipates it could generate [br]over 1,000 jobs and 1.5 billion dollars,

0:00:49.528,0:00:54.192
staunching the exodus of workers west [br]to alberta's oil sands [tar sands].

0:00:54.192,0:00:56.402
[ <i>CRAIG LEONARD, Minister of Energy & Mines for New Brunswick</i> ] To have that kind of revenue [br]income flow

0:00:56.402,0:00:58.280
and that kind of potential...

0:00:58.280,0:01:01.691
it would have a dramatic impact on the province.

0:01:01.691,0:01:04.814
In fact, one of the studies we looked at [br]just a few weeks ago

0:01:04.814,0:01:11.522
indicates that shale gas development would actually double the economic growth rates in the province.

0:01:12.185,0:01:15.125
[ <i>NARRATOR</i> ] Three years later, these were[br]the images from new brunswick

0:01:15.125,0:01:17.516
flashing across canadian television screens.

0:01:18.894,0:01:21.925
RCMP guns trained on First Nations people,

0:01:23.014,0:01:25.157
police cars sent up in flame.

0:01:26.017,0:01:30.052
"<i>We seized a number of firearms [br]from the encampment at the protest site.</i>"

0:01:30.052,0:01:36.305
"<i>We also found explosive devices, a large amount [br]of ammunition, knives and bear spray.</i>"

0:01:36.305,0:01:39.451
"<i>Several shots were fired from within[br]the encampment.</i>"

0:01:39.451,0:01:42.595
"<i>Molotov-style explosives[br]were thrown at police.</i>"

0:01:42.595,0:01:47.435
"<i>And 6 rcmp police vehicles[br]were destroyed by fire.</i>"

0:01:48.018,0:01:52.393
[ <i>NARRATOR</i> ] Faultlines traveled to the province of [br]new brunswick on canada's east coast

0:01:52.393,0:01:56.691
to find out what went wrong[br]and ask how it could be set right.

0:02:01.602,0:02:07.925
When Southwestern subsidiary SWN Resources Canada, or "<i>SWIN</i>" as it's locally known,

0:02:07.925,0:02:11.201
began exploring on land [br]by the Elsipogtog First Nation,

0:02:11.201,0:02:13.888
the community started hearing about fracking,

0:02:13.888,0:02:17.725
the process by which gas is extracted [br]from shale rock beneath the ground,

0:02:17.725,0:02:21.889
by injecting water, nitrogen, and chemicals.

0:02:21.889,0:02:22.827
Many were alarmed.

0:02:23.211,0:02:25.385
[ <i>SUSAN LEVI-PETERS, Former elected Chief, Elsipogtog First Nation</i> ] Without no consultation

0:02:25.385,0:02:27.098
and people not knowing what's going on,

0:02:27.098,0:02:30.880
and just hearing that we know that the shale gas[br]is not good for the land and water,

0:02:30.880,0:02:34.167
the protest started, [br]it's been goin' on for three years now.

0:02:34.167,0:02:38.756
[ <i>DORIS COUPAGE, Elsipogtog First Nation Elder</i> ] [br]The water, our river, is very very precious to us.

0:02:38.756,0:02:43.350
As we were growing up in the summertime [br]we'd stay there all summer.

0:02:43.350,0:02:44.934
[ <i>AMANDA POLCHIES, Elsipogtog First Nation Resident</i> ] When I was a kid?

0:02:44.934,0:02:47.278
I got to go play in the woods,[br]I got to swim in fresh water.

0:02:47.278,0:02:49.192
I'm breathing fresh air.

0:02:49.192,0:02:51.733
Now that I have my own kid, I have my son,

0:02:51.733,0:02:54.680
I want him to experience [br]the same thing I experienced,

0:02:54.680,0:02:57.402
I want my grandkids to experience that too.

0:02:57.402,0:03:01.095
I don't want to have them have to worry about[br]going swimming and

0:03:01.095,0:03:04.464
"<i>oh, this water's contaminated [br]because they're drilling 50 feet away.</i>"

0:03:05.547,0:03:09.600
[ <i>NARRATOR</i> ] In early summer, as SWN[br]carried out seismic testing near the reserve,

0:03:09.600,0:03:13.278
members of the Mi`kmaq community [br]set out to stop them.

0:03:13.278,0:03:14.778
They set up a protest camp

0:03:14.778,0:03:18.932
and drew the support of the local Acadian community [br]and environmental groups.

0:03:25.965,0:03:27.858
They scouted for signs of testing

0:03:27.858,0:03:33.430
and for the impact it might be having on the[br]land and water they rely on and consider sacred.

0:03:33.852,0:03:37.807
[ <i>NO NAME GIVEN</i> ] See you don't want to waste [br]all this beautiful land right here just for that.

0:03:37.807,0:03:39.482
You know what fracking doe, eh?

0:03:39.482,0:03:44.007
They put a lot of drills holes, the don't just put one,[br]they put hundreds within the area.

0:03:45.056,0:03:48.371
[ <i>JOHN LEVI, Elsipogtog War Chief</i> ] [br]We started slowing down SWN,

0:03:48.371,0:03:50.616
we talked to the people,

0:03:50.616,0:03:53.804
and y'know, the best way to gain support

0:03:53.804,0:03:56.657
was we had to sacrifice.

0:03:56.657,0:04:03.129
So there were people that were willing to get arrested for the cause, y'know, for a good cause.

0:04:03.129,0:04:06.656
Y'know, save our water, stop fracking.

0:04:09.212,0:04:11.897
[ <i>NARRATOR</i> ] More than 40 people were arrested.

0:04:11.897,0:04:16.296
Then one day two women chained themselves [br]to a seismic testing truck,

0:04:16.296,0:04:19.380
and exploration work ground to a halt.

0:04:19.380,0:04:21.853
But the reprieve was only temporary.

0:04:21.853,0:04:23.829
At summer's end, SWN returned.

0:04:24.128,0:04:26.404
[ <i>LEVI-PETERS</i> ] They made a compound in Rexton,

0:04:26.404,0:04:28.834
and they put spotlights on it,

0:04:28.834,0:04:32.469
and then they put a gate on it, [br]as if it was their trophy,

0:04:32.469,0:04:36.542
they put all these thumper trucks,[br]about 6, 7 thumper trucks.

0:04:37.363,0:04:40.474
[ <i>NARRATOR</i> ] Elsipogtog community members[br]lit a sacred fire

0:04:40.474,0:04:44.565
at the exit to the compound [br]where SWN was parking the trucks.

0:04:44.565,0:04:48.721
The RCMP blocked the adjacent road,[br]and a blockade went up.

0:04:48.721,0:04:51.221
SWN's vehicles were trapped.

0:04:51.963,0:04:58.088
Another encampment grew, and the Mi`kmaq[br]Warrior Society was asked to secure it.

0:04:58.088,0:05:03.471
SWN was losing $54,000 each day [br]their vehicles remained on the lot,

0:05:03.471,0:05:05.437
guarded by private security.

0:05:05.437,0:05:08.605
So they obtained a court injunction[br]against the site's occupants,

0:05:09.835,0:05:13.420
which the RCMP could enforce at any time.

0:05:15.640,0:05:19.519
As the threat of police action loomed,[br]tension on the site escalated,

0:05:19.519,0:05:23.883
and on October 17th, the day before [br]the injunction was set to expire...

0:05:24.498,0:05:26.563
the RCMP moved in.

0:05:29.684,0:05:33.376
I don't know why they couldn't wait til the deadline.

0:05:33.516,0:05:37.776
I don't understand, y'know, [br]I can't speak for the RCMP.

0:05:38.800,0:05:41.547
[ <i>VOICE OVER MEGAPHONE</i> ] ...anyone that [br]continues to do so [<i> I.E. STAY IN THE AREA</i> ]

0:05:41.547,0:05:44.079
will be arrested and removed from the area[br]by police...

0:05:44.217,0:05:46.103
[ <i>JASON AUGUSTINE, District Chief, Mi`kmaq Warrior Society</i> ] ... "drop that gun", What gun?

0:05:46.333,0:05:48.808
I had a cellphone in my hand,

0:05:48.808,0:05:51.270
and a fast light in my hand,[br]cause it was still dark out, eh?

0:05:51.270,0:05:54.934
[ <i>NARRATOR</i> ] Jason Augustine is a district chief[br]with the Mi`kmaq Warrior Society.

0:05:54.934,0:05:57.133
He was on traffic duty that morning.

0:05:57.133,0:05:59.282
[ <i>AUGUSTINE</i> ] And they told me again [br]"drop that gun!",

0:05:59.282,0:06:00.561
"It's not a gun!" I told them again,

0:06:00.561,0:06:02.864
and the next thing I know they were [br]already like that on me,

0:06:02.864,0:06:05.129
like they had their guns on me and everything.

0:06:05.129,0:06:07.081
And that's when the chaos started.

0:06:07.722,0:06:10.845
[ <i>YELLING/ BANGS</i> ]

0:06:10.845,0:06:13.960
[ <i>NARRATOR</i> ] Suzanne Patles was sleeping[br]in the woods nearby.

0:06:13.960,0:06:19.373
She did the first thing you'd expect the defacto [br]spokesperson for the Warrior Society to do:

0:06:19.373,0:06:21.893
she logged onto Facebook.

0:06:21.893,0:06:24.568
[ <i>PATLES YELLING</i> ] Get your guns off me! [br]This is a phone!

0:06:24.568,0:06:28.169
Hey! This is a phone! I have no gun!

0:06:28.169,0:06:31.307
[ <i>PATLES</i> ] And I sent out a message[br]and I said everybody's always said

0:06:31.307,0:06:36.402
to let them know when shit gets real,[br]I said how much more real can this get?

0:06:36.402,0:06:41.313
When there's guns drawn on you[br]first thing in the morning when you wake up.

0:06:41.313,0:06:42.296
[ <i>AUGUSTINE</i> ] The RCMP's jumped me

0:06:42.296,0:06:46.328
and they were bashing my head with their boots [br]til they knocked me out.

0:06:46.328,0:06:50.458
Took a lot to knock me out[br]while I was hanked up and I was on the ground.

0:06:50.458,0:06:53.766
[ <i>NARRATOR</i> ] Suzanne was in a car [br]trying to upload a second video

0:06:53.766,0:06:56.136
when the RCMP arrested her too.

0:06:56.136,0:07:01.608
[ <i>PATLES</i> ] All i seen was one officer[br]like go to throw his assault rifle

0:07:01.608,0:07:05.980
like towards the windshield,

0:07:05.980,0:07:08.136
and I went to go put my head down like that,

0:07:08.136,0:07:11.287
and it went through the windshield [br]and hit the top of my head,

0:07:11.287,0:07:13.818
and at that moment I was pulled out of the car

0:07:13.818,0:07:17.956
and hit several more times [br]with the assault rifle in the head.

0:07:17.956,0:07:23.135
[ <i>NARRATOR</i> ] As word got out that the raid was underway, people began arriving from the rez.

0:07:23.135,0:07:26.177
[ <i>PROTESTER</i> ] <i>Can you drink money? [br]Can you drink money?</i>

0:07:26.177,0:07:28.703
<i>You must have a lot of money to drink?</i>

0:07:28.703,0:07:33.176
[ <i>NARRATOR</i> ] The elected chief of Elsipogtog,[br]Aaron Sock, and 8 of his coucil members

0:07:33.176,0:07:38.105
tried to cross the line of RCMP[br]to find out what was going on.

0:07:38.105,0:07:41.030
Roger Francis's sister [br]was one of those councilors.

0:07:41.566,0:07:44.114
[ <i>ROGER FRANCIS, Elsipogtog First Nation</i> ] [br]I warned them not to be physically grabbin'

0:07:44.114,0:07:45.804
our council members, our council;

0:07:45.804,0:07:51.104
and I told him I'll use any force necessary[br]I have to use to stop you guys.

0:07:51.104,0:07:55.371
And when the RCMP grabbed my sister, yanked her,[br]I just lost it.

0:07:58.809,0:08:03.809
[ <i>NARRATOR</i> ] Francis was arrested [br]and charged with assaulting a police officer.

0:08:04.606,0:08:08.952
A great grandmother Doris Coupage[br]also joined the crowd at the police line.

0:08:09.998,0:08:11.689
[ <i>INDISTINCT TALKING</i> ]

0:08:11.689,0:08:16.451
"<i>... we are North American Indians...[br]whether you ... or not...</i>"

0:08:16.451,0:08:21.840
On the sides, there were these dogs[br]and police with ammunition,

0:08:21.840,0:08:27.482
and the women here, have their feathers.

0:08:27.482,0:08:30.092
I went there with my rosaries,

0:08:30.092,0:08:33.313
and the other ladies were chanting and drumming.

0:08:33.687,0:08:36.406
[ <i>POLCHIES</i> ] They're yelling "move back! [br]Move back!",

0:08:36.406,0:08:40.689
so we didn't move, we stayed there,[br]we linked arms and we stayed there,

0:08:40.689,0:08:42.422
and we were pushing against them,

0:08:42.422,0:08:46.047
and then all of a sudden, like, [br]pepper spray comes out of nowhere,

0:08:46.047,0:08:50.129
and I looked back and I seen Doris,[br]she had gotten sprayed in the face,

0:08:50.129,0:08:52.036
and all she had was her rosary.

0:08:52.375,0:08:57.158
It didn't hit you at first, but it did and then uh,

0:08:57.158,0:09:00.129
there was young boys standing[br]who came over and grabbed me

0:09:00.129,0:09:05.025
cuz you would have been knocked down, like,[br]those cops when they push push push!

0:09:06.321,0:09:09.079
[ <i>NARRATOR</i> ] The picture of a great grandmother [br]pepper sprayed by police

0:09:09.079,0:09:12.583
had a profound effect on the people[br]of Elsipogtog,

0:09:12.583,0:09:15.169
but it wouldn't be the only lasting image[br]from that day.

0:09:15.839,0:09:19.493
[ <i>POLCHIES</i> ] I just had this feather, [br]I didn't know what to do,

0:09:19.493,0:09:24.046
and the first thought in my mind was:[br]pray.

0:09:24.046,0:09:26.835
So I kneeled down in the road [br]and I started praying.

0:09:26.835,0:09:32.205
I was praying for Doris, and I was praying [br]for the other women that had gotten sprayed,

0:09:32.205,0:09:33.921
and I was praying for my people,

0:09:33.921,0:09:39.237
hoping that this will end peacefully, [br]nobody will get hurt, nobody would die.

0:09:41.006,0:09:42.564
[ <i>NARRATOR</i> ] A photo of that moment

0:09:42.564,0:09:46.718
was taken by a reporter from Aboriginal [br]People's Television Network.

0:09:46.718,0:09:49.477
RCMP vehicles were set ablaze.

0:09:49.477,0:09:54.004
While Amanda Polchies was being arrested,[br]the photo went viral.

0:09:54.004,0:09:56.120
Why do you think people connected with it so much?

0:09:56.120,0:09:58.686
Because like, it's a struggle,

0:09:58.686,0:10:01.498
you can see the struggle if you look at the picture,

0:10:01.498,0:10:06.110
it's like, you have all of these RCMP officers,

0:10:06.110,0:10:07.646
and they can do so much.

0:10:07.646,0:10:10.652
And then there's a woman kneeling down [br]in the middle of the road with a feather.

0:10:11.111,0:10:15.318
[ <i>COPS YELLING</i> ] Move back! Move back! ...

0:10:19.406,0:10:25.076
[ <i>NARRATOR</i> ] After the RCMP raid, [br]the conflict continued to smolder.

0:10:25.076,0:10:28.505
The premier of New Brunswick[br]refused to back down on shale gas.

0:10:30.301,0:10:32.926
[ <i>PREMIER ALWARD</i> ] We're not talking[br]moratorium, today;

0:10:32.926,0:10:41.047
what we're talking about very much is the um, the issues that took place yesterday.

0:10:41.047,0:10:43.805
[ <i>NARRATOR</i> ] Chief Sock was blunt about[br]what he wanted.

0:10:43.805,0:10:47.368
[ <i>CHIEF AARON SOCK</i> ] Basically, y'know,[br]for the RCMP to back off,

0:10:47.368,0:10:53.583
SWN to back off, and to give us some time[br]to try to heal and reflect on what happened.

0:10:55.708,0:10:58.867
[ <i>NARRATOR</i> ] This is the Elsipogtog RCMP station.

0:10:59.037,0:11:03.328
People have been telling me that there's been[br]attempts to burn this station down

0:11:03.328,0:11:05.158
the past few nights.

0:11:05.158,0:11:08.369
Burn marks all along these rafters...

0:11:08.369,0:11:13.451
right under the singe marks there's this beer bottle [br]which has been turned into a Molotov cocktail.

0:11:13.451,0:11:16.769
Shows that there's a lot of anger in the community[br]against the RCMP.

0:11:16.769,0:11:19.204
That anger was also turned on the media.

0:11:19.697,0:11:22.598
[ <i>REPORTER</i> ] What began as a peaceful day [br]turned tense when...

0:11:22.598,0:11:26.688
[ <i>NARRATOR</i> ] when a few protesters forced a TV [br]crew to abandon their satellite truck

0:11:26.688,0:11:29.136
and seized a reporter's car and gear.

0:11:29.136,0:11:31.408
[ <i>REPORTER</i> ] When I asked if I could get [br]my camera equipment,

0:11:31.408,0:11:34.329
they said it was theirs, that they were seizing it too.

0:11:34.329,0:11:37.883
[ <i>NEWSCASTER</i> ] The group of protesters [br]has seized his vehicle and camera...

0:11:37.883,0:11:40.758
[ <i>NARRATOR</i> ] Isolated from a conversation [br]about colonialism,

0:11:40.758,0:11:43.648
news reports seemed to amplify [br]old stereotypes.

0:11:43.648,0:11:47.058
[ <i>EZRA LEVANT</i> ] "...but it was the eco-rioters [br]themselves who used true violence."

0:11:47.058,0:11:51.112
[ <i>NARRATOR</i> ] And some of the commentary[br]was just plain out of touch.

0:11:51.112,0:11:53.929
This op-ed in one of Canada's national newspapers

0:11:53.929,0:11:57.317
calls the confrontation here between [br]the community and the RCMP

0:11:57.317,0:12:01.238
a "rude dismissal of canada's generosity"[br][ <i>quote from Rex Murphy</i> ]

0:12:01.238,0:12:03.958
It's this type of media sentiment [br]which is common in canada

0:12:03.958,0:12:07.046
which makes indigenous people skeptical [br]that the rest of the country

0:12:07.046,0:12:09.626
is willing to take their arguments seriously.

0:12:12.328,9:59:59.000
For more than a century, the Indian Act[br]has denied economic opportunity.

9:59:59.000,9:59:59.000
The nation to nation relationships [br]set out in many treaties has been ignored;

9:59:59.000,9:59:59.000
and until 1996 the government-funded [br]residential school system

9:59:59.000,9:59:59.000
set out to "kill the Indian in the child".

9:59:59.000,9:59:59.000
In the past, Indigenous people in canada

9:59:59.000,9:59:59.000
have not shared equally int he benefits [br]of resource development in their homelands.

9:59:59.000,9:59:59.000
The unemployment rate on the Elsipogtog [br]First Nation is estimated at 80%.

9:59:59.000,9:59:59.000
Now, they fear the next phase of development[br]will damage the lifeblood of their culture:

9:59:59.000,9:59:59.000
water.

9:59:59.000,9:59:59.000
[ <i>SUSAN LEVI-PETERS</i> ] So right now what's happening is... Idle No More,[br]First Nations people are sayin we've had enough.

9:59:59.000,9:59:59.000
Our young generation are gettign educated,

9:59:59.000,9:59:59.000
so now we're starting to say hey, this is wrong,

9:59:59.000,9:59:59.000
how you're treating us is wrong.

9:59:59.000,9:59:59.000
So now when they want to take the water [br]and the land, we're saying no way,

9:59:59.000,9:59:59.000
y'know, this is enough.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] As round dances and drum circles [br]swept canada last winter, a movement was born,

9:59:59.000,9:59:59.000
taking its name from a Twitter hashtag:[br]Idle No More.

9:59:59.000,9:59:59.000
And it was catalyzed by opposition to a law that has removed Federal protection

9:59:59.000,9:59:59.000
for amny of the country's waterways.

9:59:59.000,9:59:59.000
It reawakened a lot of people,

9:59:59.000,9:59:59.000
and a lot of people were uprising,

9:59:59.000,9:59:59.000
and the most important thing that [br]brought everyone together was the water.

9:59:59.000,9:59:59.000
That was the one thing that, um, [br]reverberated all across the country,

9:59:59.000,9:59:59.000
that we needed to ensure the water's protection.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] It was a spirit of Idle No More,[br]and the social networks it created,

9:59:59.000,9:59:59.000
that emboldened Elsipogtog's resistance [br]to SWN's exploration work,

9:59:59.000,9:59:59.000
and caused people to come out [br]to face down the RCMP.

9:59:59.000,9:59:59.000
It was scary that day.

9:59:59.000,9:59:59.000
You have all those grandchildren, why wouldn't you just stay back, how come you decided to go to the front?

9:59:59.000,9:59:59.000
You don't even think about that.

9:59:59.000,9:59:59.000
The women are the protectors of the water, [br]aren't they?

9:59:59.000,9:59:59.000
Stuff like this happens with SWN resources, [br]a company based in the united states,

9:59:59.000,9:59:59.000
comin' down to make money in canada,

9:59:59.000,9:59:59.000
not consult First Nations in the first place,

9:59:59.000,9:59:59.000
y'know, it's just gone too far.

9:59:59.000,9:59:59.000
It scared me, but I didn't wanna run away.

9:59:59.000,9:59:59.000
Cause I don't want them here.

9:59:59.000,9:59:59.000
I don't want SWN here,

9:59:59.000,9:59:59.000
and I felt like making a stand was [br]the only thing that was left.

9:59:59.000,9:59:59.000
Cause nobody was listening.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] Why do you think it always[br]comes down to a confrontation like that

9:59:59.000,9:59:59.000
between police and y'know Indigenous people?

9:59:59.000,9:59:59.000
Like I said it's like you're a second class citizen,

9:59:59.000,9:59:59.000
and things are not gonna change,

9:59:59.000,9:59:59.000
unless the government of canada recognizes[br]our First Nation rights and who we are,

9:59:59.000,9:59:59.000
like, we can't be just bullied over any more.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] Being bullied, not being listened to,

9:59:59.000,9:59:59.000
there's a legal standard grounded in the canadian constitution that's supposed to avoid these issues.

9:59:59.000,9:59:59.000
When mining and energy companies want to [br]carry out activity

9:59:59.000,9:59:59.000
that stands to compromise an aboriginal or treaty right, like for example access to water or land,

9:59:59.000,9:59:59.000
the Crown has a duty [br]to consult the First Nations affected

9:59:59.000,9:59:59.000
in proportion and to the extent that they will be [br]impacted by the development.

9:59:59.000,9:59:59.000
This is the New Brunswick legislature,

9:59:59.000,9:59:59.000
where the premier and the members of [br]the legislative assembly sit.

9:59:59.000,9:59:59.000
In this part of canada, for practical purposes,[br]this is the Crown.

9:59:59.000,9:59:59.000
There was no consultation before the government awarded SWN licences to explore 3 years ago,

9:59:59.000,9:59:59.000
but since the deal was done, they say they've[br]done more than required.

9:59:59.000,9:59:59.000
[ <i>CRAIG LEONARD</i> ] We've had ongoing dialogue[br]with chief council,

9:59:59.000,9:59:59.000
and again it's... a lot of the consultation that has been taking place

9:59:59.000,9:59:59.000
is talking about that framework of...[br]

9:59:59.000,9:59:59.000
if there is something there, where do we go,[br]uh, in terms of discussion

9:59:59.000,9:59:59.000
on how to move forward... with it.

9:59:59.000,9:59:59.000
Uh, very little actually gets discussed about [br]the actual seismic work,

9:59:59.000,9:59:59.000
because everybody recognizes that, uh, there's...[br]no impact uh... to environment land use,

9:59:59.000,9:59:59.000
or treaty rights from that.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] Do you feel that the province has fulfilled its duty to consult?

9:59:59.000,9:59:59.000
[ <i>CHIEF SOCK</i> ] No.

9:59:59.000,9:59:59.000
I don't.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] But the duty to consult[br]is not explicitly defined in law.

9:59:59.000,9:59:59.000
Instead, it has been shaped and tested[br]by court challenges,

9:59:59.000,9:59:59.000
and it does not give First Nations [br]the right to veto projects.

9:59:59.000,9:59:59.000
So one of the contentious parts [br]of the duty to consult

9:59:59.000,9:59:59.000
is what happens when some members [br]of a community like Elsipogtog say "<i>no</i>",

9:59:59.000,9:59:59.000
"<i>at any price</i>"?

9:59:59.000,9:59:59.000
[ <i>CRAIG LEONARD</i> ] It's a challenge to[br]get to that next stage,

9:59:59.000,9:59:59.000
where you really want to talk about what [br]the potential for economic benefits are,

9:59:59.000,9:59:59.000
if you don't know what the resource actually is,

9:59:59.000,9:59:59.000
what the total pie looks like, and who's [br]going to get the different pieces of that pie.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] In his first year as Chief,[br]Sock participated in the consultation process,

9:59:59.000,9:59:59.000
as part of an umbrella group [br]of New Brunswick Chiefs

9:59:59.000,9:59:59.000
that organized information sessions [br]about SWN's work,

9:59:59.000,9:59:59.000
and sought to negotiate a revenue-sharing [br]agreement with the government.

9:59:59.000,9:59:59.000
But after a summer of protests,[br]he and his council withdrew.

9:59:59.000,9:59:59.000
[ <i>CHIEF SOCK</i> ] Being a new Chief, I don't [br]quite understand yet how this came to be,

9:59:59.000,9:59:59.000
but what I do understand is my community doesn't [br]want it, and I stand with my community.

9:59:59.000,9:59:59.000
I listened to them and if that's what [br]they want me to fight, that's what I'll fight.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] As they pursue their struggle,

9:59:59.000,9:59:59.000
many in Elsipogtog say the government doesn't [br]have the authority to allow SWN to work here

9:59:59.000,9:59:59.000
without their consent.

9:59:59.000,9:59:59.000
And they're drawing on the treaties that [br]the Mi`kmaq signed with the British 3 centuries ago.

9:59:59.000,9:59:59.000
Treaties that outlined a peaceful relationship[br]but did not cede land or water to the Crown.

9:59:59.000,9:59:59.000
We're protecting it not just for us. [br]We're protecting it for everybody.

9:59:59.000,9:59:59.000
The Anglophone, the Francophone, [br]the Irish, anybody,

9:59:59.000,9:59:59.000
because it says in our treaties, the peace and friendship treaties,

9:59:59.000,9:59:59.000
everybody is welcomed in Canada, provided you[br]dont ruin the land and water.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] Two days after the raid

9:59:59.000,9:59:59.000
community members and warriors marched from the former blockade site and took to the highway.

9:59:59.000,9:59:59.000
"<i>Turn it around! Turn it around!</i>"

9:59:59.000,9:59:59.000
"<i>Go that way, that's not our problem.[br]Turn it around, go...</i>"

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] We're here on Highway 11,[br]this is the main thoroughfare through this area.

9:59:59.000,9:59:59.000
Protesters have just moved from the blockade [br]over here, and have shut down passage here.

9:59:59.000,9:59:59.000
They're allowing the remaining cars that were sort of [br]trapped int he middle of the protest to go through,

9:59:59.000,9:59:59.000
but they're stopping people in transit [br]through this area.

9:59:59.000,9:59:59.000
Across the country,[br]First Nations communities were on alert,

9:59:59.000,9:59:59.000
watching what would happen next.

9:59:59.000,9:59:59.000
There were rumours that the army was on standby,

9:59:59.000,9:59:59.000
and that warriors from other nations[br]were coming to stand with the Mi`kmaq.

9:59:59.000,9:59:59.000
"*We're gonna have a meetin' with all of the people, [br]_<u>and you guys are gonna say</u>_ what you want done,

9:59:59.000,9:59:59.000
<i>what you guys want blocked, who you want protected.</i>

9:59:59.000,9:59:59.000
"<i>The Warrior Society is going out there ___, [br]no more division, OK?</i>"

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] Less than an hour after [br]the blockade started here, it's been taken down.

9:59:59.000,9:59:59.000
The only reason there's no traffic here is because[br]the RCMP is holding vehicles back.

9:59:59.000,9:59:59.000
So the group is heading back to the main camp now, [br]blockade on, blockade off.

9:59:59.000,9:59:59.000
Most of all, there were rumours [br]that the RCMP was on the move.

9:59:59.000,9:59:59.000
Now this is probably the 10th time we've heard [br]that the police are here,

9:59:59.000,9:59:59.000
or are getting ready to move in.

9:59:59.000,9:59:59.000
People are really on edge,

9:59:59.000,9:59:59.000
and y'know, jump at the mention[br]of a police action.

9:59:59.000,9:59:59.000
[ <i>VOICES IN BACKGROUND</i> ] How many cops care do you think?

9:59:59.000,9:59:59.000
<i>Five</i>.

9:59:59.000,9:59:59.000
<i>Five? Just five?</i>

9:59:59.000,9:59:59.000
<i>That's nothing then...</i>

9:59:59.000,9:59:59.000
<i>They've been there all day, five is how much[br]they usually have at either end of the road...</i>

9:59:59.000,9:59:59.000
"<i>No theres more than that...</i>"

9:59:59.000,9:59:59.000
"<i>Listen, she's there, she's there, [br]so stop freaking out.</i>

9:59:59.000,9:59:59.000
"<i>You've caused a lot of panic today already,[br]no really.</i>

9:59:59.000,9:59:59.000
"<i>There's a cop, on the right, in the field,[br]I see it...</i>"

9:59:59.000,9:59:59.000
"<i>I'll go down there myself and I'll go by myself...[br]alright...</i>"

9:59:59.000,9:59:59.000
"<i>We need everyone staying in the middle though,</i>

9:59:59.000,9:59:59.000
"<i>because they'll think we're rushing the line[br]if we go...</i>"

9:59:59.000,9:59:59.000
"<i>Everybody stay here, we don't need [br]everybody to go down and check this out.</i>"

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] Why do you think people[br]are jumpy like that?

9:59:59.000,9:59:59.000
[ <i>SUZANNE PATLES</i> ] They're jumpy[br]because of everything that happened the other day,

9:59:59.000,9:59:59.000
and how they just came in and rushed us,[br]has everybody like on their toes,

9:59:59.000,9:59:59.000
where they're scared, they're scared the police [br]are going to move in

9:59:59.000,9:59:59.000
and come at us with excessive force

9:59:59.000,9:59:59.000
because they've been hearin' that the next time [br]they come in they're gonna come in harder.

9:59:59.000,9:59:59.000
[ <i>DEREK NEPINAK, GRAND CHIEF OF MANITOBA</i> ][br]I think we came within hours

9:59:59.000,9:59:59.000
of seeing very very significant [br]national incidences occurring.

9:59:59.000,9:59:59.000
There's enough people [br]on the ground across the country

9:59:59.000,9:59:59.000
to create a great disruption in the peaceful existence of many who take for granted the lands they live on.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] Grand Chief Derek Nepinak [br]and his team had arrived from Manitoba

9:59:59.000,9:59:59.000
to assess the situation on the ground.

9:59:59.000,9:59:59.000
[ <i>NEPINAK</i> ] I think that there is almost [br]a conflict of interest

9:59:59.000,9:59:59.000
when the province has a duty to consult[br]flowing from a constitutional standard,

9:59:59.000,9:59:59.000
but yet they also have financial interests in the end[br]in terms of the corporations

9:59:59.000,9:59:59.000
ability to convert resources into wealth.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] At the first gathering after the raid,[br]he found a community determined to heal,

9:59:59.000,9:59:59.000
but fearful for the future.

9:59:59.000,9:59:59.000
[ <i>NEPINAK</i> ] ...and I am concerned about the degree [br]of collusion and collaboration

9:59:59.000,9:59:59.000
between corporate interests, the state apparatus,[br]RCMP, and government.

9:59:59.000,9:59:59.000
I am concerned about that.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] Just a few days after the raid,[br]SWN appeared ready to resume exploration again.

9:59:59.000,9:59:59.000
Seismic testing equipment lay along the highway,

9:59:59.000,9:59:59.000
sensors and batteries that would[br]allow geophones to work.

9:59:59.000,9:59:59.000
These geophones can reveal what's beneath [br]the surface of the earth,

9:59:59.000,9:59:59.000
but in order to do that, they need to operate[br]in conjunction with so-called thumper trucks.

9:59:59.000,9:59:59.000
Those trucks were captured behind the blockade[br]near Elsipogtog.

9:59:59.000,9:59:59.000
However, during the RCMP raid,[br]SWN was able to drive them out.

9:59:59.000,9:59:59.000
SWN Resources Canada declined to speak with us.

9:59:59.000,9:59:59.000
Hey hows it going?

9:59:59.000,9:59:59.000
My name's Wab, I'm with AlJazeera America.

9:59:59.000,9:59:59.000
[ <i>GUARD</i> ] This is private property, [br]so media isnt allowed up here,

9:59:59.000,9:59:59.000
so the RCMP's been contacted.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] Oh yeah? You called the cops?

9:59:59.000,9:59:59.000
[ <i>GUARD</i> ] <i>I</i> didn't.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] Oh okay.

9:59:59.000,9:59:59.000
But in a written statement,[br]they assured AlJazeera,

9:59:59.000,9:59:59.000
"<i>SWN has been and will continue to work closely [br]with local authorities and community leaders</i>

9:59:59.000,9:59:59.000
<i>to conduct our operations safely and responsibly,</i>

9:59:59.000,9:59:59.000
<i>and in full compliance with the laws [br]of the country and province.</i>"

9:59:59.000,9:59:59.000
In mid november the seismic testing trucks[br]returned to work.

9:59:59.000,9:59:59.000
New protest sites sprang up.

9:59:59.000,9:59:59.000
And backed by supporters from across [br]the province and the country,

9:59:59.000,9:59:59.000
Elsipogtog slowed them down.

9:59:59.000,9:59:59.000
SWN obtained another injunction [br]against the protesters.

9:59:59.000,9:59:59.000
No one knows if they will stop fracking [br]before it starts,

9:59:59.000,9:59:59.000
but the people of Elsipogtog have shown that whether or not a government and a corporation

9:59:59.000,9:59:59.000
fulfil their legal duty to consult,

9:59:59.000,9:59:59.000
the resolve of grassroots people

9:59:59.000,9:59:59.000
still has a power to throw a wrench [br]into resource development projects,

9:59:59.000,9:59:59.000
and for development to move ahead,

9:59:59.000,9:59:59.000
it's their consent that's needed.

9:59:59.000,9:59:59.000
[ <i>SUZANNE PATLES</i> ] I don't think anything [br]is gonna stop the grassroots people,

9:59:59.000,9:59:59.000
it's in their hands, I think the power needs [br]to be handed back to the people

9:59:59.000,9:59:59.000
because as an Indigenous person

9:59:59.000,9:59:59.000
the route to self-determination [br]is always from the ground up approach

9:59:59.000,9:59:59.000
because that's who we are as a people.

9:59:59.000,9:59:59.000
[ <i>NARRATOR</i> ] The reality they've created [br]on the ground

9:59:59.000,9:59:59.000
is enshrined in the United Nations Declaration[br]On The Rights of Indigenous People,

9:59:59.000,9:59:59.000
as the principle of free, prior, and informed consent.

9:59:59.000,9:59:59.000
And it has helped breathe life into [br]a provincial anti-fracking movement

9:59:59.000,9:59:59.000
led by First Nations people.

9:59:59.000,9:59:59.000
And while the government of New Brunswick[br]vows to push ahead with shale gas development,

9:59:59.000,9:59:59.000
provinces across canada are taking note.

9:59:59.000,9:59:59.000
In november, the province of Newfoundland[br]declared a moratorium on fracking.

9:59:59.000,9:59:59.000
Meanwhile, as rain turns to snow,[br]and water turns to ice,

9:59:59.000,9:59:59.000
in Elsipogtog they're digging in for the winter,

9:59:59.000,9:59:59.000
and preparing for the next round.

9:59:59.000,9:59:59.000
[ <i>Captions by Radical Access Mapping Project,[br]Un-ceded Coast Salish Territories, 2013</i> ]