1 00:00:06,858 --> 00:00:09,271 [ NARRATOR Wab Kinew ] Had it not sparked fire, 2 00:00:09,271 --> 00:00:14,437 this story would be like that of many other low-intensity conflicts over resources, 3 00:00:14,437 --> 00:00:20,011 waiting to erupt across this oil, gas and fresh water rich country. 4 00:00:21,821 --> 00:00:27,097 Back in 2010 the canadian province of new brunswick granted a texas based company 5 00:00:27,097 --> 00:00:29,034 South Western Energy 6 00:00:29,034 --> 00:00:31,785 licences to explore for shale gas. 7 00:00:31,785 --> 00:00:35,917 in exchange for investment worth 47 million dollars. 8 00:00:36,980 --> 00:00:43,139 If shale gas extraction goes ahead it will be a boon to new brunswick's struggling economy. 9 00:00:43,139 --> 00:00:49,528 The province anticipates it could generate over 1,000 jobs and 1.5 billion dollars, 10 00:00:49,528 --> 00:00:54,192 staunching the exodus of workers west to alberta's oil sands [tar sands]. 11 00:00:54,192 --> 00:00:56,402 [ CRAIG LEONARD, Minister of Energy & Mines for New Brunswick ] To have that kind of revenue income flow 12 00:00:56,402 --> 00:00:58,280 and that kind of potential... 13 00:00:58,280 --> 00:01:01,691 it would have a dramatic impact on the province. 14 00:01:01,691 --> 00:01:04,814 In fact, one of the studies we looked at just a few weeks ago 15 00:01:04,814 --> 00:01:11,522 indicates that shale gas development would actually double the economic growth rates in the province. 16 00:01:12,185 --> 00:01:15,125 [ NARRATOR ] Three years later, these were the images from new brunswick 17 00:01:15,125 --> 00:01:17,516 flashing across canadian television screens. 18 00:01:18,894 --> 00:01:21,925 RCMP guns trained on First Nations people, 19 00:01:23,014 --> 00:01:25,157 police cars sent up in flame. 20 00:01:26,017 --> 00:01:30,052 "We seized a number of firearms from the encampment at the protest site." 21 00:01:30,052 --> 00:01:36,305 "We also found explosive devices, a large amount of ammunition, knives and bear spray." 22 00:01:36,305 --> 00:01:39,451 "Several shots were fired from within the encampment." 23 00:01:39,451 --> 00:01:42,595 "Molotov-style explosives were thrown at police." 24 00:01:42,595 --> 00:01:47,435 "And 6 rcmp police vehicles were destroyed by fire." 25 00:01:48,018 --> 00:01:52,393 [ NARRATOR ] Faultlines traveled to the province of new brunswick on canada's east coast 26 00:01:52,393 --> 00:01:56,691 to find out what went wrong and ask how it could be set right. 27 00:02:01,602 --> 00:02:07,925 When Southwestern subsidiary SWN Resources Canada, or "SWIN" as it's locally known, 28 00:02:07,925 --> 00:02:11,201 began exploring on land by the Elsipogtog First Nation, 29 00:02:11,201 --> 00:02:13,888 the community started hearing about fracking, 30 00:02:13,888 --> 00:02:17,725 the process by which gas is extracted from shale rock beneath the ground, 31 00:02:17,725 --> 00:02:21,889 by injecting water, nitrogen, and chemicals. 32 00:02:21,889 --> 00:02:22,827 Many were alarmed. 33 00:02:23,211 --> 00:02:25,385 [ SUSAN LEVI-PETERS, Former elected Chief, Elsipogtog First Nation ] Without no consultation 34 00:02:25,385 --> 00:02:27,098 and people not knowing what's going on, 35 00:02:27,098 --> 00:02:30,880 and just hearing that we know that the shale gas is not good for the land and water, 36 00:02:30,880 --> 00:02:34,167 the protest started, it's been goin' on for three years now. 37 00:02:34,167 --> 00:02:38,756 [ DORIS COUPAGE, Elsipogtog First Nation Elder ] The water, our river, is very very precious to us. 38 00:02:38,756 --> 00:02:43,350 As we were growing up in the summertime we'd stay there all summer. 39 00:02:43,350 --> 00:02:44,934 [ AMANDA POLCHIES, Elsipogtog First Nation Resident ] When I was a kid? 40 00:02:44,934 --> 00:02:47,278 I got to go play in the woods, I got to swim in fresh water. 41 00:02:47,278 --> 00:02:49,192 I'm breathing fresh air. 42 00:02:49,192 --> 00:02:51,733 Now that I have my own kid, I have my son, 43 00:02:51,733 --> 00:02:54,680 I want him to experience the same thing I experienced, 44 00:02:54,680 --> 00:02:57,402 I want my grandkids to experience that too. 45 00:02:57,402 --> 00:03:01,095 I don't want to have them have to worry about going swimming and 46 00:03:01,095 --> 00:03:04,464 "oh, this water's contaminated because they're drilling 50 feet away." 47 00:03:05,547 --> 00:03:09,600 [ NARRATOR ] In early summer, as SWN carried out seismic testing near the reserve, 48 00:03:09,600 --> 00:03:13,278 members of the Mi`kmaq community set out to stop them. 49 00:03:13,278 --> 00:03:14,778 They set up a protest camp 50 00:03:14,778 --> 00:03:18,932 and drew the support of the local Acadian community and environmental groups. 51 00:03:25,965 --> 00:03:27,858 They scouted for signs of testing 52 00:03:27,858 --> 00:03:33,430 and for the impact it might be having on the land and water they rely on and consider sacred. 53 00:03:33,852 --> 00:03:37,807 [ NO NAME GIVEN ] See you don't want to waste all this beautiful land right here just for that. 54 00:03:37,807 --> 00:03:39,482 You know what fracking doe, eh? 55 00:03:39,482 --> 00:03:44,007 They put a lot of drills holes, the don't just put one, they put hundreds within the area. 56 00:03:45,056 --> 00:03:48,371 [ JOHN LEVI, Elsipogtog War Chief ] We started slowing down SWN, 57 00:03:48,371 --> 00:03:50,616 we talked to the people, 58 00:03:50,616 --> 00:03:53,804 and y'know, the best way to gain support 59 00:03:53,804 --> 00:03:56,657 was we had to sacrifice. 60 00:03:56,657 --> 00:04:03,129 So there were people that were willing to get arrested for the cause, y'know, for a good cause. 61 00:04:03,129 --> 00:04:06,656 Y'know, save our water, stop fracking. 62 00:04:09,212 --> 00:04:11,897 [ NARRATOR ] More than 40 people were arrested. 63 00:04:11,897 --> 00:04:16,296 Then one day two women chained themselves to a seismic testing truck, 64 00:04:16,296 --> 00:04:19,380 and exploration work ground to a halt. 65 00:04:19,380 --> 00:04:21,853 But the reprieve was only temporary. 66 00:04:21,853 --> 00:04:23,829 At summer's end, SWN returned. 67 00:04:24,128 --> 00:04:26,404 [ LEVI-PETERS ] They made a compound in Rexton, 68 00:04:26,404 --> 00:04:28,834 and they put spotlights on it, 69 00:04:28,834 --> 00:04:32,469 and then they put a gate on it, as if it was their trophy, 70 00:04:32,469 --> 00:04:36,542 they put all these thumper trucks, about 6, 7 thumper trucks. 71 00:04:37,363 --> 00:04:40,474 [ NARRATOR ] Elsipogtog community members lit a sacred fire 72 00:04:40,474 --> 00:04:44,565 at the exit to the compound where SWN was parking the trucks. 73 00:04:44,565 --> 00:04:48,721 The RCMP blocked the adjacent road, and a blockade went up. 74 00:04:48,721 --> 00:04:51,221 SWN's vehicles were trapped. 75 00:04:51,963 --> 00:04:58,088 Another encampment grew, and the Mi`kmaq Warrior Society was asked to secure it. 76 00:04:58,088 --> 00:05:03,471 SWN was losing $54,000 each day their vehicles remained on the lot, 77 00:05:03,471 --> 00:05:05,437 guarded by private security. 78 00:05:05,437 --> 00:05:08,605 So they obtained a court injunction against the site's occupants, 79 00:05:09,835 --> 00:05:13,420 which the RCMP could enforce at any time. 80 00:05:15,640 --> 00:05:19,519 As the threat of police action loomed, tension on the site escalated, 81 00:05:19,519 --> 00:05:23,883 and on October 17th, the day before the injunction was set to expire... 82 00:05:24,498 --> 00:05:26,563 the RCMP moved in. 83 00:05:29,684 --> 00:05:33,376 I don't know why they couldn't wait til the deadline. 84 00:05:33,516 --> 00:05:37,776 I don't understand, y'know, I can't speak for the RCMP. 85 00:05:38,800 --> 00:05:41,547 [ VOICE OVER MEGAPHONE ] ...anyone that continues to do so [ I.E. STAY IN THE AREA ] 86 00:05:41,547 --> 00:05:44,079 will be arrested and removed from the area by police... 87 00:05:44,217 --> 00:05:46,103 [ JASON AUGUSTINE, District Chief, Mi`kmaq Warrior Society ] ... "drop that gun", What gun? 88 00:05:46,333 --> 00:05:48,808 I had a cellphone in my hand, 89 00:05:48,808 --> 00:05:51,270 and a fast light in my hand, cause it was still dark out, eh? 90 00:05:51,270 --> 00:05:54,934 [ NARRATOR ] Jason Augustine is a district chief with the Mi`kmaq Warrior Society. 91 00:05:54,934 --> 00:05:57,133 He was on traffic duty that morning. 92 00:05:57,133 --> 00:05:59,282 [ AUGUSTINE ] And they told me again "drop that gun!", 93 00:05:59,282 --> 00:06:00,561 "It's not a gun!" I told them again, 94 00:06:00,561 --> 00:06:02,864 and the next thing I know they were already like that on me, 95 00:06:02,864 --> 00:06:05,129 like they had their guns on me and everything. 96 00:06:05,129 --> 00:06:07,081 And that's when the chaos started. 97 00:06:07,722 --> 00:06:10,845 [ YELLING/ BANGS ] 98 00:06:10,845 --> 00:06:13,960 [ NARRATOR ] Suzanne Patles was sleeping in the woods nearby. 99 00:06:13,960 --> 00:06:19,373 She did the first thing you'd expect the defacto spokesperson for the Warrior Society to do: 100 00:06:19,373 --> 00:06:21,893 she logged onto Facebook. 101 00:06:21,893 --> 00:06:24,568 [ PATLES YELLING ] Get your guns off me! This is a phone! 102 00:06:24,568 --> 00:06:28,169 Hey! This is a phone! I have no gun! 103 00:06:28,169 --> 00:06:31,307 [ PATLES ] And I sent out a message and I said everybody's always said 104 00:06:31,307 --> 00:06:36,402 to let them know when shit gets real, I said how much more real can this get? 105 00:06:36,402 --> 00:06:41,313 When there's guns drawn on you first thing in the morning when you wake up. 106 00:06:41,313 --> 00:06:42,296 [ AUGUSTINE ] The RCMP's jumped me 107 00:06:42,296 --> 00:06:46,328 and they were bashing my head with their boots til they knocked me out. 108 00:06:46,328 --> 00:06:50,458 Took a lot to knock me out while I was hanked up and I was on the ground. 109 00:06:50,458 --> 00:06:53,766 [ NARRATOR ] Suzanne was in a car trying to upload a second video 110 00:06:53,766 --> 00:06:56,136 when the RCMP arrested her too. 111 00:06:56,136 --> 00:07:01,608 [ PATLES ] All i seen was one officer like go to throw his assault rifle 112 00:07:01,608 --> 00:07:05,980 like towards the windshield, 113 00:07:05,980 --> 00:07:08,136 and I went to go put my head down like that, 114 00:07:08,136 --> 00:07:11,287 and it went through the windshield and hit the top of my head, 115 00:07:11,287 --> 00:07:13,818 and at that moment I was pulled out of the car 116 00:07:13,818 --> 00:07:17,956 and hit several more times with the assault rifle in the head. 117 00:07:17,956 --> 00:07:23,135 [ NARRATOR ] As word got out that the raid was underway, people began arriving from the rez. 118 00:07:23,135 --> 00:07:26,177 [ PROTESTER ] Can you drink money? Can you drink money? 119 00:07:26,177 --> 00:07:28,703 You must have a lot of money to drink? 120 00:07:28,703 --> 00:07:33,176 [ NARRATOR ] The elected chief of Elsipogtog, Aaron Sock, and 8 of his coucil members 121 00:07:33,176 --> 00:07:38,105 tried to cross the line of RCMP to find out what was going on. 122 00:07:38,105 --> 00:07:41,030 Roger Francis's sister was one of those councilors. 123 00:07:41,566 --> 00:07:44,114 [ ROGER FRANCIS, Elsipogtog First Nation ] I warned them not to be physically grabbin' 124 00:07:44,114 --> 00:07:45,804 our council members, our council; 125 00:07:45,804 --> 00:07:51,104 and I told him I'll use any force necessary I have to use to stop you guys. 126 00:07:51,104 --> 00:07:55,371 And when the RCMP grabbed my sister, yanked her, I just lost it. 127 00:07:58,809 --> 00:08:03,809 [ NARRATOR ] Francis was arrested and charged with assaulting a police officer. 128 00:08:04,606 --> 00:08:08,952 A great grandmother Doris Coupage also joined the crowd at the police line. 129 00:08:09,998 --> 00:08:11,689 [ INDISTINCT TALKING ] 130 00:08:11,689 --> 00:08:16,451 "... we are North American Indians... whether you ... or not..." 131 00:08:16,451 --> 00:08:21,840 On the sides, there were these dogs and police with ammunition, 132 00:08:21,840 --> 00:08:27,482 and the women here, have their feathers. 133 00:08:27,482 --> 00:08:30,092 I went there with my rosaries, 134 00:08:30,092 --> 00:08:33,313 and the other ladies were chanting and drumming. 135 00:08:33,687 --> 00:08:36,406 [ POLCHIES ] They're yelling "move back! Move back!", 136 00:08:36,406 --> 00:08:40,689 so we didn't move, we stayed there, we linked arms and we stayed there, 137 00:08:40,689 --> 00:08:42,422 and we were pushing against them, 138 00:08:42,422 --> 00:08:46,047 and then all of a sudden, like, pepper spray comes out of nowhere, 139 00:08:46,047 --> 00:08:50,129 and I looked back and I seen Doris, she had gotten sprayed in the face, 140 00:08:50,129 --> 00:08:52,036 and all she had was her rosary. 141 00:08:52,375 --> 00:08:57,158 It didn't hit you at first, but it did and then uh, 142 00:08:57,158 --> 00:09:00,129 there was young boys standing who came over and grabbed me 143 00:09:00,129 --> 00:09:05,025 cuz you would have been knocked down, like, those cops when they push push push! 144 00:09:06,321 --> 00:09:09,079 [ NARRATOR ] The picture of a great grandmother pepper sprayed by police 145 00:09:09,079 --> 00:09:12,583 had a profound effect on the people of Elsipogtog, 146 00:09:12,583 --> 00:09:15,169 but it wouldn't be the only lasting image from that day. 147 00:09:15,839 --> 00:09:19,493 [ POLCHIES ] I just had this feather, I didn't know what to do, 148 00:09:19,493 --> 00:09:24,046 and the first thought in my mind was: pray. 149 00:09:24,046 --> 00:09:26,835 So I kneeled down in the road and I started praying. 150 00:09:26,835 --> 00:09:32,205 I was praying for Doris, and I was praying for the other women that had gotten sprayed, 151 00:09:32,205 --> 00:09:33,921 and I was praying for my people, 152 00:09:33,921 --> 00:09:39,237 hoping that this will end peacefully, nobody will get hurt, nobody would die. 153 00:09:41,006 --> 00:09:42,564 [ NARRATOR ] A photo of that moment 154 00:09:42,564 --> 00:09:46,718 was taken by a reporter from Aboriginal People's Television Network. 155 00:09:46,718 --> 00:09:49,477 RCMP vehicles were set ablaze. 156 00:09:49,477 --> 00:09:54,004 While Amanda Polchies was being arrested, the photo went viral. 157 00:09:54,004 --> 00:09:56,120 Why do you think people connected with it so much? 158 00:09:56,120 --> 00:09:58,686 Because like, it's a struggle, 159 00:09:58,686 --> 00:10:01,498 you can see the struggle if you look at the picture, 160 00:10:01,498 --> 00:10:06,110 it's like, you have all of these RCMP officers, 161 00:10:06,110 --> 00:10:07,646 and they can do so much. 162 00:10:07,646 --> 00:10:10,652 And then there's a woman kneeling down in the middle of the road with a feather. 163 00:10:11,111 --> 00:10:15,318 [ COPS YELLING ] Move back! Move back! ... 164 00:10:19,406 --> 00:10:25,076 [ NARRATOR ] After the RCMP raid, the conflict continued to smolder. 165 00:10:25,076 --> 00:10:28,505 The premier of New Brunswick refused to back down on shale gas. 166 00:10:30,301 --> 00:10:32,926 [ PREMIER ALWARD ] We're not talking moratorium, today; 167 00:10:32,926 --> 00:10:41,047 what we're talking about very much is the um, the issues that took place yesterday. 168 00:10:41,047 --> 00:10:43,805 [ NARRATOR ] Chief Sock was blunt about what he wanted. 169 00:10:43,805 --> 00:10:47,368 [ CHIEF AARON SOCK ] Basically, y'know, for the RCMP to back off, 170 00:10:47,368 --> 00:10:53,583 SWN to back off, and to give us some time to try to heal and reflect on what happened. 171 00:10:55,708 --> 00:10:58,867 [ NARRATOR ] This is the Elsipogtog RCMP station. 172 00:10:59,037 --> 00:11:03,328 People have been telling me that there's been attempts to burn this station down 173 00:11:03,328 --> 00:11:05,158 the past few nights. 174 00:11:05,158 --> 00:11:08,369 Burn marks all along these rafters... 175 00:11:08,369 --> 00:11:13,451 right under the singe marks there's this beer bottle which has been turned into a Molotov cocktail. 176 00:11:13,451 --> 00:11:16,769 Shows that there's a lot of anger in the community against the RCMP. 177 00:11:16,769 --> 00:11:19,204 That anger was also turned on the media. 178 00:11:19,697 --> 00:11:22,598 [ REPORTER ] What began as a peaceful day turned tense when... 179 00:11:22,598 --> 00:11:26,688 [ NARRATOR ] when a few protesters forced a TV crew to abandon their satellite truck 180 00:11:26,688 --> 00:11:29,136 and seized a reporter's car and gear. 181 00:11:29,136 --> 00:11:31,408 [ REPORTER ] When I asked if I could get my camera equipment, 182 00:11:31,408 --> 00:11:34,329 they said it was theirs, that they were seizing it too. 183 00:11:34,329 --> 00:11:37,883 [ NEWSCASTER ] The group of protesters has seized his vehicle and camera... 184 00:11:37,883 --> 00:11:40,758 [ NARRATOR ] Isolated from a conversation about colonialism, 185 00:11:40,758 --> 00:11:43,648 news reports seemed to amplify old stereotypes. 186 00:11:43,648 --> 00:11:47,058 [ EZRA LEVANT ] "...but it was the eco-rioters themselves who used true violence." 187 00:11:47,058 --> 00:11:51,112 [ NARRATOR ] And some of the commentary was just plain out of touch. 188 00:11:51,112 --> 00:11:53,929 This op-ed in one of Canada's national newspapers 189 00:11:53,929 --> 00:11:57,317 calls the confrontation here between the community and the RCMP 190 00:11:57,317 --> 00:12:01,238 a "rude dismissal of canada's generosity" [ quote from Rex Murphy ] 191 00:12:01,238 --> 00:12:03,958 It's this type of media sentiment which is common in canada 192 00:12:03,958 --> 00:12:07,046 which makes indigenous people skeptical that the rest of the country 193 00:12:07,046 --> 00:12:09,626 is willing to take their arguments seriously. 194 00:12:12,328 --> 99:59:59,999 For more than a century, the Indian Act has denied economic opportunity. 195 99:59:59,999 --> 99:59:59,999 The nation to nation relationships set out in many treaties has been ignored; 196 99:59:59,999 --> 99:59:59,999 and until 1996 the government-funded residential school system 197 99:59:59,999 --> 99:59:59,999 set out to "kill the Indian in the child". 198 99:59:59,999 --> 99:59:59,999 In the past, Indigenous people in canada 199 99:59:59,999 --> 99:59:59,999 have not shared equally int he benefits of resource development in their homelands. 200 99:59:59,999 --> 99:59:59,999 The unemployment rate on the Elsipogtog First Nation is estimated at 80%. 201 99:59:59,999 --> 99:59:59,999 Now, they fear the next phase of development will damage the lifeblood of their culture: 202 99:59:59,999 --> 99:59:59,999 water. 203 99:59:59,999 --> 99:59:59,999 [ SUSAN LEVI-PETERS ] So right now what's happening is... Idle No More, First Nations people are sayin we've had enough. 204 99:59:59,999 --> 99:59:59,999 Our young generation are gettign educated, 205 99:59:59,999 --> 99:59:59,999 so now we're starting to say hey, this is wrong, 206 99:59:59,999 --> 99:59:59,999 how you're treating us is wrong. 207 99:59:59,999 --> 99:59:59,999 So now when they want to take the water and the land, we're saying no way, 208 99:59:59,999 --> 99:59:59,999 y'know, this is enough. 209 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] As round dances and drum circles swept canada last winter, a movement was born, 210 99:59:59,999 --> 99:59:59,999 taking its name from a Twitter hashtag: Idle No More. 211 99:59:59,999 --> 99:59:59,999 And it was catalyzed by opposition to a law that has removed Federal protection 212 99:59:59,999 --> 99:59:59,999 for amny of the country's waterways. 213 99:59:59,999 --> 99:59:59,999 It reawakened a lot of people, 214 99:59:59,999 --> 99:59:59,999 and a lot of people were uprising, 215 99:59:59,999 --> 99:59:59,999 and the most important thing that brought everyone together was the water. 216 99:59:59,999 --> 99:59:59,999 That was the one thing that, um, reverberated all across the country, 217 99:59:59,999 --> 99:59:59,999 that we needed to ensure the water's protection. 218 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] It was a spirit of Idle No More, and the social networks it created, 219 99:59:59,999 --> 99:59:59,999 that emboldened Elsipogtog's resistance to SWN's exploration work, 220 99:59:59,999 --> 99:59:59,999 and caused people to come out to face down the RCMP. 221 99:59:59,999 --> 99:59:59,999 It was scary that day. 222 99:59:59,999 --> 99:59:59,999 You have all those grandchildren, why wouldn't you just stay back, how come you decided to go to the front? 223 99:59:59,999 --> 99:59:59,999 You don't even think about that. 224 99:59:59,999 --> 99:59:59,999 The women are the protectors of the water, aren't they? 225 99:59:59,999 --> 99:59:59,999 Stuff like this happens with SWN resources, a company based in the united states, 226 99:59:59,999 --> 99:59:59,999 comin' down to make money in canada, 227 99:59:59,999 --> 99:59:59,999 not consult First Nations in the first place, 228 99:59:59,999 --> 99:59:59,999 y'know, it's just gone too far. 229 99:59:59,999 --> 99:59:59,999 It scared me, but I didn't wanna run away. 230 99:59:59,999 --> 99:59:59,999 Cause I don't want them here. 231 99:59:59,999 --> 99:59:59,999 I don't want SWN here, 232 99:59:59,999 --> 99:59:59,999 and I felt like making a stand was the only thing that was left. 233 99:59:59,999 --> 99:59:59,999 Cause nobody was listening. 234 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] Why do you think it always comes down to a confrontation like that 235 99:59:59,999 --> 99:59:59,999 between police and y'know Indigenous people? 236 99:59:59,999 --> 99:59:59,999 Like I said it's like you're a second class citizen, 237 99:59:59,999 --> 99:59:59,999 and things are not gonna change, 238 99:59:59,999 --> 99:59:59,999 unless the government of canada recognizes our First Nation rights and who we are, 239 99:59:59,999 --> 99:59:59,999 like, we can't be just bullied over any more. 240 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] Being bullied, not being listened to, 241 99:59:59,999 --> 99:59:59,999 there's a legal standard grounded in the canadian constitution that's supposed to avoid these issues. 242 99:59:59,999 --> 99:59:59,999 When mining and energy companies want to carry out activity 243 99:59:59,999 --> 99:59:59,999 that stands to compromise an aboriginal or treaty right, like for example access to water or land, 244 99:59:59,999 --> 99:59:59,999 the Crown has a duty to consult the First Nations affected 245 99:59:59,999 --> 99:59:59,999 in proportion and to the extent that they will be impacted by the development. 246 99:59:59,999 --> 99:59:59,999 This is the New Brunswick legislature, 247 99:59:59,999 --> 99:59:59,999 where the premier and the members of the legislative assembly sit. 248 99:59:59,999 --> 99:59:59,999 In this part of canada, for practical purposes, this is the Crown. 249 99:59:59,999 --> 99:59:59,999 There was no consultation before the government awarded SWN licences to explore 3 years ago, 250 99:59:59,999 --> 99:59:59,999 but since the deal was done, they say they've done more than required. 251 99:59:59,999 --> 99:59:59,999 [ CRAIG LEONARD ] We've had ongoing dialogue with chief council, 252 99:59:59,999 --> 99:59:59,999 and again it's... a lot of the consultation that has been taking place 253 99:59:59,999 --> 99:59:59,999 is talking about that framework of... 254 99:59:59,999 --> 99:59:59,999 if there is something there, where do we go, uh, in terms of discussion 255 99:59:59,999 --> 99:59:59,999 on how to move forward... with it. 256 99:59:59,999 --> 99:59:59,999 Uh, very little actually gets discussed about the actual seismic work, 257 99:59:59,999 --> 99:59:59,999 because everybody recognizes that, uh, there's... no impact uh... to environment land use, 258 99:59:59,999 --> 99:59:59,999 or treaty rights from that. 259 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] Do you feel that the province has fulfilled its duty to consult? 260 99:59:59,999 --> 99:59:59,999 [ CHIEF SOCK ] No. 261 99:59:59,999 --> 99:59:59,999 I don't. 262 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] But the duty to consult is not explicitly defined in law. 263 99:59:59,999 --> 99:59:59,999 Instead, it has been shaped and tested by court challenges, 264 99:59:59,999 --> 99:59:59,999 and it does not give First Nations the right to veto projects. 265 99:59:59,999 --> 99:59:59,999 So one of the contentious parts of the duty to consult 266 99:59:59,999 --> 99:59:59,999 is what happens when some members of a community like Elsipogtog say "no", 267 99:59:59,999 --> 99:59:59,999 "at any price"? 268 99:59:59,999 --> 99:59:59,999 [ CRAIG LEONARD ] It's a challenge to get to that next stage, 269 99:59:59,999 --> 99:59:59,999 where you really want to talk about what the potential for economic benefits are, 270 99:59:59,999 --> 99:59:59,999 if you don't know what the resource actually is, 271 99:59:59,999 --> 99:59:59,999 what the total pie looks like, and who's going to get the different pieces of that pie. 272 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] In his first year as Chief, Sock participated in the consultation process, 273 99:59:59,999 --> 99:59:59,999 as part of an umbrella group of New Brunswick Chiefs 274 99:59:59,999 --> 99:59:59,999 that organized information sessions about SWN's work, 275 99:59:59,999 --> 99:59:59,999 and sought to negotiate a revenue-sharing agreement with the government. 276 99:59:59,999 --> 99:59:59,999 But after a summer of protests, he and his council withdrew. 277 99:59:59,999 --> 99:59:59,999 [ CHIEF SOCK ] Being a new Chief, I don't quite understand yet how this came to be, 278 99:59:59,999 --> 99:59:59,999 but what I do understand is my community doesn't want it, and I stand with my community. 279 99:59:59,999 --> 99:59:59,999 I listened to them and if that's what they want me to fight, that's what I'll fight. 280 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] As they pursue their struggle, 281 99:59:59,999 --> 99:59:59,999 many in Elsipogtog say the government doesn't have the authority to allow SWN to work here 282 99:59:59,999 --> 99:59:59,999 without their consent. 283 99:59:59,999 --> 99:59:59,999 And they're drawing on the treaties that the Mi`kmaq signed with the British 3 centuries ago. 284 99:59:59,999 --> 99:59:59,999 Treaties that outlined a peaceful relationship but did not cede land or water to the Crown. 285 99:59:59,999 --> 99:59:59,999 We're protecting it not just for us. We're protecting it for everybody. 286 99:59:59,999 --> 99:59:59,999 The Anglophone, the Francophone, the Irish, anybody, 287 99:59:59,999 --> 99:59:59,999 because it says in our treaties, the peace and friendship treaties, 288 99:59:59,999 --> 99:59:59,999 everybody is welcomed in Canada, provided you dont ruin the land and water. 289 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] Two days after the raid 290 99:59:59,999 --> 99:59:59,999 community members and warriors marched from the former blockade site and took to the highway. 291 99:59:59,999 --> 99:59:59,999 "Turn it around! Turn it around!" 292 99:59:59,999 --> 99:59:59,999 "Go that way, that's not our problem. Turn it around, go..." 293 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] We're here on Highway 11, this is the main thoroughfare through this area. 294 99:59:59,999 --> 99:59:59,999 Protesters have just moved from the blockade over here, and have shut down passage here. 295 99:59:59,999 --> 99:59:59,999 They're allowing the remaining cars that were sort of trapped int he middle of the protest to go through, 296 99:59:59,999 --> 99:59:59,999 but they're stopping people in transit through this area. 297 99:59:59,999 --> 99:59:59,999 Across the country, First Nations communities were on alert, 298 99:59:59,999 --> 99:59:59,999 watching what would happen next. 299 99:59:59,999 --> 99:59:59,999 There were rumours that the army was on standby, 300 99:59:59,999 --> 99:59:59,999 and that warriors from other nations were coming to stand with the Mi`kmaq. 301 99:59:59,999 --> 99:59:59,999 "*We're gonna have a meetin' with all of the people, _and you guys are gonna say_ what you want done, 302 99:59:59,999 --> 99:59:59,999 what you guys want blocked, who you want protected. 303 99:59:59,999 --> 99:59:59,999 "The Warrior Society is going out there ___, no more division, OK?" 304 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] Less than an hour after the blockade started here, it's been taken down. 305 99:59:59,999 --> 99:59:59,999 The only reason there's no traffic here is because the RCMP is holding vehicles back. 306 99:59:59,999 --> 99:59:59,999 So the group is heading back to the main camp now, blockade on, blockade off. 307 99:59:59,999 --> 99:59:59,999 Most of all, there were rumours that the RCMP was on the move. 308 99:59:59,999 --> 99:59:59,999 Now this is probably the 10th time we've heard that the police are here, 309 99:59:59,999 --> 99:59:59,999 or are getting ready to move in. 310 99:59:59,999 --> 99:59:59,999 People are really on edge, 311 99:59:59,999 --> 99:59:59,999 and y'know, jump at the mention of a police action. 312 99:59:59,999 --> 99:59:59,999 [ VOICES IN BACKGROUND ] How many cops care do you think? 313 99:59:59,999 --> 99:59:59,999 Five. 314 99:59:59,999 --> 99:59:59,999 Five? Just five? 315 99:59:59,999 --> 99:59:59,999 That's nothing then... 316 99:59:59,999 --> 99:59:59,999 They've been there all day, five is how much they usually have at either end of the road... 317 99:59:59,999 --> 99:59:59,999 "No theres more than that..." 318 99:59:59,999 --> 99:59:59,999 "Listen, she's there, she's there, so stop freaking out. 319 99:59:59,999 --> 99:59:59,999 "You've caused a lot of panic today already, no really. 320 99:59:59,999 --> 99:59:59,999 "There's a cop, on the right, in the field, I see it..." 321 99:59:59,999 --> 99:59:59,999 "I'll go down there myself and I'll go by myself... alright..." 322 99:59:59,999 --> 99:59:59,999 "We need everyone staying in the middle though, 323 99:59:59,999 --> 99:59:59,999 "because they'll think we're rushing the line if we go..." 324 99:59:59,999 --> 99:59:59,999 "Everybody stay here, we don't need everybody to go down and check this out." 325 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] Why do you think people are jumpy like that? 326 99:59:59,999 --> 99:59:59,999 [ SUZANNE PATLES ] They're jumpy because of everything that happened the other day, 327 99:59:59,999 --> 99:59:59,999 and how they just came in and rushed us, has everybody like on their toes, 328 99:59:59,999 --> 99:59:59,999 where they're scared, they're scared the police are going to move in 329 99:59:59,999 --> 99:59:59,999 and come at us with excessive force 330 99:59:59,999 --> 99:59:59,999 because they've been hearin' that the next time they come in they're gonna come in harder. 331 99:59:59,999 --> 99:59:59,999 [ DEREK NEPINAK, GRAND CHIEF OF MANITOBA ] I think we came within hours 332 99:59:59,999 --> 99:59:59,999 of seeing very very significant national incidences occurring. 333 99:59:59,999 --> 99:59:59,999 There's enough people on the ground across the country 334 99:59:59,999 --> 99:59:59,999 to create a great disruption in the peaceful existence of many who take for granted the lands they live on. 335 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] Grand Chief Derek Nepinak and his team had arrived from Manitoba 336 99:59:59,999 --> 99:59:59,999 to assess the situation on the ground. 337 99:59:59,999 --> 99:59:59,999 [ NEPINAK ] I think that there is almost a conflict of interest 338 99:59:59,999 --> 99:59:59,999 when the province has a duty to consult flowing from a constitutional standard, 339 99:59:59,999 --> 99:59:59,999 but yet they also have financial interests in the end in terms of the corporations 340 99:59:59,999 --> 99:59:59,999 ability to convert resources into wealth. 341 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] At the first gathering after the raid, he found a community determined to heal, 342 99:59:59,999 --> 99:59:59,999 but fearful for the future. 343 99:59:59,999 --> 99:59:59,999 [ NEPINAK ] ...and I am concerned about the degree of collusion and collaboration 344 99:59:59,999 --> 99:59:59,999 between corporate interests, the state apparatus, RCMP, and government. 345 99:59:59,999 --> 99:59:59,999 I am concerned about that. 346 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] Just a few days after the raid, SWN appeared ready to resume exploration again. 347 99:59:59,999 --> 99:59:59,999 Seismic testing equipment lay along the highway, 348 99:59:59,999 --> 99:59:59,999 sensors and batteries that would allow geophones to work. 349 99:59:59,999 --> 99:59:59,999 These geophones can reveal what's beneath the surface of the earth, 350 99:59:59,999 --> 99:59:59,999 but in order to do that, they need to operate in conjunction with so-called thumper trucks. 351 99:59:59,999 --> 99:59:59,999 Those trucks were captured behind the blockade near Elsipogtog. 352 99:59:59,999 --> 99:59:59,999 However, during the RCMP raid, SWN was able to drive them out. 353 99:59:59,999 --> 99:59:59,999 SWN Resources Canada declined to speak with us. 354 99:59:59,999 --> 99:59:59,999 Hey hows it going? 355 99:59:59,999 --> 99:59:59,999 My name's Wab, I'm with AlJazeera America. 356 99:59:59,999 --> 99:59:59,999 [ GUARD ] This is private property, so media isnt allowed up here, 357 99:59:59,999 --> 99:59:59,999 so the RCMP's been contacted. 358 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] Oh yeah? You called the cops? 359 99:59:59,999 --> 99:59:59,999 [ GUARD ] I didn't. 360 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] Oh okay. 361 99:59:59,999 --> 99:59:59,999 But in a written statement, they assured AlJazeera, 362 99:59:59,999 --> 99:59:59,999 "SWN has been and will continue to work closely with local authorities and community leaders 363 99:59:59,999 --> 99:59:59,999 to conduct our operations safely and responsibly, 364 99:59:59,999 --> 99:59:59,999 and in full compliance with the laws of the country and province." 365 99:59:59,999 --> 99:59:59,999 In mid november the seismic testing trucks returned to work. 366 99:59:59,999 --> 99:59:59,999 New protest sites sprang up. 367 99:59:59,999 --> 99:59:59,999 And backed by supporters from across the province and the country, 368 99:59:59,999 --> 99:59:59,999 Elsipogtog slowed them down. 369 99:59:59,999 --> 99:59:59,999 SWN obtained another injunction against the protesters. 370 99:59:59,999 --> 99:59:59,999 No one knows if they will stop fracking before it starts, 371 99:59:59,999 --> 99:59:59,999 but the people of Elsipogtog have shown that whether or not a government and a corporation 372 99:59:59,999 --> 99:59:59,999 fulfil their legal duty to consult, 373 99:59:59,999 --> 99:59:59,999 the resolve of grassroots people 374 99:59:59,999 --> 99:59:59,999 still has a power to throw a wrench into resource development projects, 375 99:59:59,999 --> 99:59:59,999 and for development to move ahead, 376 99:59:59,999 --> 99:59:59,999 it's their consent that's needed. 377 99:59:59,999 --> 99:59:59,999 [ SUZANNE PATLES ] I don't think anything is gonna stop the grassroots people, 378 99:59:59,999 --> 99:59:59,999 it's in their hands, I think the power needs to be handed back to the people 379 99:59:59,999 --> 99:59:59,999 because as an Indigenous person 380 99:59:59,999 --> 99:59:59,999 the route to self-determination is always from the ground up approach 381 99:59:59,999 --> 99:59:59,999 because that's who we are as a people. 382 99:59:59,999 --> 99:59:59,999 [ NARRATOR ] The reality they've created on the ground 383 99:59:59,999 --> 99:59:59,999 is enshrined in the United Nations Declaration On The Rights of Indigenous People, 384 99:59:59,999 --> 99:59:59,999 as the principle of free, prior, and informed consent. 385 99:59:59,999 --> 99:59:59,999 And it has helped breathe life into a provincial anti-fracking movement 386 99:59:59,999 --> 99:59:59,999 led by First Nations people. 387 99:59:59,999 --> 99:59:59,999 And while the government of New Brunswick vows to push ahead with shale gas development, 388 99:59:59,999 --> 99:59:59,999 provinces across canada are taking note. 389 99:59:59,999 --> 99:59:59,999 In november, the province of Newfoundland declared a moratorium on fracking. 390 99:59:59,999 --> 99:59:59,999 Meanwhile, as rain turns to snow, and water turns to ice, 391 99:59:59,999 --> 99:59:59,999 in Elsipogtog they're digging in for the winter, 392 99:59:59,999 --> 99:59:59,999 and preparing for the next round. 393 99:59:59,999 --> 99:59:59,999 [ Captions by Radical Access Mapping Project, Un-ceded Coast Salish Territories, 2013 ]