WEBVTT 00:00:06.858 --> 00:00:09.271 [ NARRATOR Wab Kinew ] Had it not sparked fire, 00:00:09.271 --> 00:00:14.437 this story would be like that of many other low-intensity conflicts over resources, 00:00:14.437 --> 00:00:20.011 waiting to erupt across this oil, gas and fresh water rich country. 00:00:21.821 --> 00:00:27.097 Back in 2010 the canadian province of new brunswick granted a texas based company 00:00:27.097 --> 00:00:29.034 South Western Energy 00:00:29.034 --> 00:00:31.785 licences to explore for shale gas. 00:00:31.785 --> 00:00:35.917 in exchange for investment worth 47 million dollars. 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. 00:00:43.139 --> 00:00:49.528 The province anticipates it could generate over 1,000 jobs and 1.5 billion dollars, 00:00:49.528 --> 00:00:54.192 staunching the exodus of workers west to alberta's oil sands [tar sands]. 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 00:00:56.402 --> 00:00:58.280 and that kind of potential... 00:00:58.280 --> 00:01:01.691 it would have a dramatic impact on the province. 00:01:01.691 --> 00:01:04.814 In fact, one of the studies we looked at just a few weeks ago 00:01:04.814 --> 00:01:11.522 indicates that shale gas development would actually double the economic growth rates in the province. 00:01:12.185 --> 00:01:15.125 [ NARRATOR ] Three years later, these were the images from new brunswick 00:01:15.125 --> 00:01:17.516 flashing across canadian television screens. 00:01:18.894 --> 00:01:21.925 RCMP guns trained on First Nations people, 00:01:23.014 --> 00:01:25.157 police cars sent up in flame. 00:01:26.017 --> 00:01:30.052 "We seized a number of firearms from the encampment at the protest site." 00:01:30.052 --> 00:01:36.305 "We also found explosive devices, a large amount of ammunition, knives and bear spray." 00:01:36.305 --> 00:01:39.451 "Several shots were fired from within the encampment." 00:01:39.451 --> 00:01:42.595 "Molotov-style explosives were thrown at police." 00:01:42.595 --> 00:01:47.435 "And 6 rcmp police vehicles were destroyed by fire." 00:01:48.018 --> 00:01:52.393 [ NARRATOR ] Faultlines traveled to the province of new brunswick on canada's east coast 00:01:52.393 --> 00:01:56.691 to find out what went wrong and ask how it could be set right. 00:02:01.602 --> 00:02:07.925 When Southwestern subsidiary SWN Resources Canada, or "SWIN" as it's locally known, 00:02:07.925 --> 00:02:11.201 began exploring on land by the Elsipogtog First Nation, 00:02:11.201 --> 00:02:13.888 the community started hearing about fracking, 00:02:13.888 --> 00:02:17.725 the process by which gas is extracted from shale rock beneath the ground, 00:02:17.725 --> 00:02:21.889 by injecting water, nitrogen, and chemicals. 00:02:21.889 --> 00:02:22.827 Many were alarmed. 00:02:23.211 --> 00:02:25.385 [ SUSAN LEVI-PETERS, Former elected Chief, Elsipogtog First Nation ] Without no consultation 00:02:25.385 --> 00:02:27.098 and people not knowing what's going on, 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, 00:02:30.880 --> 00:02:34.167 the protest started, it's been goin' on for three years now. 00:02:34.167 --> 00:02:38.756 [ DORIS COUPAGE, Elsipogtog First Nation Elder ] The water, our river, is very very precious to us. 00:02:38.756 --> 00:02:43.350 As we were growing up in the summertime we'd stay there all summer. 00:02:43.350 --> 00:02:44.934 [ AMANDA POLCHIES, Elsipogtog First Nation Resident ] When I was a kid? 00:02:44.934 --> 00:02:47.278 I got to go play in the woods, I got to swim in fresh water. 00:02:47.278 --> 00:02:49.192 I'm breathing fresh air. 00:02:49.192 --> 00:02:51.733 Now that I have my own kid, I have my son, 00:02:51.733 --> 00:02:54.680 I want him to experience the same thing I experienced, 00:02:54.680 --> 00:02:57.402 I want my grandkids to experience that too. 00:02:57.402 --> 00:03:01.095 I don't want to have them have to worry about going swimming and 00:03:01.095 --> 00:03:04.464 "oh, this water's contaminated because they're drilling 50 feet away." 00:03:05.547 --> 00:03:09.600 [ NARRATOR ] In early summer, as SWN carried out seismic testing near the reserve, 00:03:09.600 --> 00:03:13.278 members of the Mi`kmaq community set out to stop them. 00:03:13.278 --> 00:03:14.778 They set up a protest camp 00:03:14.778 --> 00:03:18.932 and drew the support of the local Acadian community and environmental groups. 00:03:25.965 --> 00:03:27.858 They scouted for signs of testing 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. 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. 00:03:37.807 --> 00:03:39.482 You know what fracking doe, eh? 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. 00:03:45.056 --> 00:03:48.371 [ JOHN LEVI, Elsipogtog War Chief ] We started slowing down SWN, 00:03:48.371 --> 00:03:50.616 we talked to the people, 00:03:50.616 --> 00:03:53.804 and y'know, the best way to gain support 00:03:53.804 --> 00:03:56.657 was we had to sacrifice. 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. 00:04:03.129 --> 00:04:06.656 Y'know, save our water, stop fracking. 00:04:09.212 --> 00:04:11.897 [ NARRATOR ] More than 40 people were arrested. 00:04:11.897 --> 00:04:16.296 Then one day two women chained themselves to a seismic testing truck, 00:04:16.296 --> 00:04:19.380 and exploration work ground to a halt. 00:04:19.380 --> 00:04:21.853 But the reprieve was only temporary. 00:04:21.853 --> 00:04:23.829 At summer's end, SWN returned. 00:04:24.128 --> 00:04:26.404 [ LEVI-PETERS ] They made a compound in Rexton, 00:04:26.404 --> 00:04:28.834 and they put spotlights on it, 00:04:28.834 --> 00:04:32.469 and then they put a gate on it, as if it was their trophy, 00:04:32.469 --> 00:04:36.542 they put all these thumper trucks, about 6, 7 thumper trucks. 00:04:37.363 --> 00:04:40.474 [ NARRATOR ] Elsipogtog community members lit a sacred fire 00:04:40.474 --> 00:04:44.565 at the exit to the compound where SWN was parking the trucks. 00:04:44.565 --> 00:04:48.721 The RCMP blocked the adjacent road, and a blockade went up. 00:04:48.721 --> 00:04:51.221 SWN's vehicles were trapped. 00:04:51.963 --> 00:04:58.088 Another encampment grew, and the Mi`kmaq Warrior Society was asked to secure it. 00:04:58.088 --> 00:05:03.471 SWN was losing $54,000 each day their vehicles remained on the lot, 00:05:03.471 --> 00:05:05.437 guarded by private security. 00:05:05.437 --> 00:05:08.605 So they obtained a court injunction against the site's occupants, 00:05:09.835 --> 00:05:13.420 which the RCMP could enforce at any time. 00:05:15.640 --> 00:05:19.519 As the threat of police action loomed, tension on the site escalated, 00:05:19.519 --> 00:05:23.883 and on October 17th, the day before the injunction was set to expire... 00:05:24.498 --> 00:05:26.563 the RCMP moved in. 00:05:29.684 --> 00:05:33.376 I don't know why they couldn't wait til the deadline. 00:05:33.516 --> 00:05:37.776 I don't understand, y'know, I can't speak for the RCMP. 00:05:38.800 --> 00:05:41.547 [ VOICE OVER MEGAPHONE ] ...anyone that continues to do so [ I.E. STAY IN THE AREA ] 00:05:41.547 --> 00:05:44.079 will be arrested and removed from the area by police... 00:05:44.217 --> 00:05:46.103 [ JASON AUGUSTINE, District Chief, Mi`kmaq Warrior Society ] ... "drop that gun", What gun? 00:05:46.333 --> 00:05:48.808 I had a cellphone in my hand, 00:05:48.808 --> 00:05:51.270 and a fast light in my hand, cause it was still dark out, eh? 00:05:51.270 --> 00:05:54.934 [ NARRATOR ] Jason Augustine is a district chief with the Mi`kmaq Warrior Society. 00:05:54.934 --> 00:05:57.133 He was on traffic duty that morning. 00:05:57.133 --> 00:05:59.282 [ AUGUSTINE ] And they told me again "drop that gun!", 00:05:59.282 --> 00:06:00.561 "It's not a gun!" I told them again, 00:06:00.561 --> 00:06:02.864 and the next thing I know they were already like that on me, 00:06:02.864 --> 00:06:05.129 like they had their guns on me and everything. 00:06:05.129 --> 00:06:07.081 And that's when the chaos started. 00:06:07.722 --> 00:06:10.845 [ YELLING/ BANGS ] 00:06:10.845 --> 00:06:13.960 [ NARRATOR ] Suzanne Patles was sleeping in the woods nearby. 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: 00:06:19.373 --> 00:06:21.893 she logged onto Facebook. 00:06:21.893 --> 00:06:24.568 [ PATLES YELLING ] Get your guns off me! This is a phone! 00:06:24.568 --> 00:06:28.169 Hey! This is a phone! I have no gun! 00:06:28.169 --> 00:06:31.307 [ PATLES ] And I sent out a message and I said everybody's always said 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? 00:06:36.402 --> 00:06:41.313 When there's guns drawn on you first thing in the morning when you wake up. 00:06:41.313 --> 00:06:42.296 [ AUGUSTINE ] The RCMP's jumped me 00:06:42.296 --> 00:06:46.328 and they were bashing my head with their boots til they knocked me out. 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. 00:06:50.458 --> 00:06:53.766 [ NARRATOR ] Suzanne was in a car trying to upload a second video 00:06:53.766 --> 00:06:56.136 when the RCMP arrested her too. 00:06:56.136 --> 00:07:01.608 [ PATLES ] All i seen was one officer like go to throw his assault rifle 00:07:01.608 --> 00:07:05.980 like towards the windshield, 00:07:05.980 --> 00:07:08.136 and I went to go put my head down like that, 00:07:08.136 --> 00:07:11.287 and it went through the windshield and hit the top of my head, 00:07:11.287 --> 00:07:13.818 and at that moment I was pulled out of the car 00:07:13.818 --> 00:07:17.956 and hit several more times with the assault rifle in the head. 00:07:17.956 --> 00:07:23.135 [ NARRATOR ] As word got out that the raid was underway, people began arriving from the rez. 00:07:23.135 --> 00:07:26.177 [ PROTESTER ] Can you drink money? Can you drink money? 00:07:26.177 --> 00:07:28.703 You must have a lot of money to drink? 00:07:28.703 --> 00:07:33.176 [ NARRATOR ] The elected chief of Elsipogtog, Aaron Sock, and 8 of his coucil members 00:07:33.176 --> 00:07:38.105 tried to cross the line of RCMP to find out what was going on. 00:07:38.105 --> 00:07:41.030 Roger Francis's sister was one of those councilors. 00:07:41.566 --> 00:07:44.114 [ ROGER FRANCIS, Elsipogtog First Nation ] I warned them not to be physically grabbin' 00:07:44.114 --> 00:07:45.804 our council members, our council; 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. 00:07:51.104 --> 00:07:55.371 And when the RCMP grabbed my sister, yanked her, I just lost it. 00:07:58.809 --> 00:08:03.809 [ NARRATOR ] Francis was arrested and charged with assaulting a police officer. 00:08:04.606 --> 00:08:08.952 A great grandmother Doris Coupage also joined the crowd at the police line. 00:08:09.998 --> 00:08:11.689 [ INDISTINCT TALKING ] 00:08:11.689 --> 00:08:16.451 "... we are North American Indians... whether you ... or not..." 00:08:16.451 --> 00:08:21.840 On the sides, there were these dogs and police with ammunition, 00:08:21.840 --> 00:08:27.482 and the women here, have their feathers. 00:08:27.482 --> 00:08:30.092 I went there with my rosaries, 00:08:30.092 --> 00:08:33.313 and the other ladies were chanting and drumming. 00:08:33.687 --> 00:08:36.406 [ POLCHIES ] They're yelling "move back! Move back!", 00:08:36.406 --> 00:08:40.689 so we didn't move, we stayed there, we linked arms and we stayed there, 00:08:40.689 --> 00:08:42.422 and we were pushing against them, 00:08:42.422 --> 00:08:46.047 and then all of a sudden, like, pepper spray comes out of nowhere, 00:08:46.047 --> 00:08:50.129 and I looked back and I seen Doris, she had gotten sprayed in the face, 00:08:50.129 --> 00:08:52.036 and all she had was her rosary. 00:08:52.375 --> 00:08:57.158 It didn't hit you at first, but it did and then uh, 00:08:57.158 --> 00:09:00.129 there was young boys standing who came over and grabbed me 00:09:00.129 --> 00:09:05.025 cuz you would have been knocked down, like, those cops when they push push push! 00:09:06.321 --> 00:09:09.079 [ NARRATOR ] The picture of a great grandmother pepper sprayed by police 00:09:09.079 --> 00:09:12.583 had a profound effect on the people of Elsipogtog, 00:09:12.583 --> 00:09:15.169 but it wouldn't be the only lasting image from that day. 00:09:15.839 --> 00:09:19.493 [ POLCHIES ] I just had this feather, I didn't know what to do, 00:09:19.493 --> 00:09:24.046 and the first thought in my mind was: pray. 00:09:24.046 --> 00:09:26.835 So I kneeled down in the road and I started praying. 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, 00:09:32.205 --> 00:09:33.921 and I was praying for my people, 00:09:33.921 --> 00:09:39.237 hoping that this will end peacefully, nobody will get hurt, nobody would die. 00:09:41.006 --> 00:09:42.564 [ NARRATOR ] A photo of that moment 00:09:42.564 --> 00:09:46.718 was taken by a reporter from Aboriginal People's Television Network. 00:09:46.718 --> 00:09:49.477 RCMP vehicles were set ablaze. 00:09:49.477 --> 00:09:54.004 While Amanda Polchies was being arrested, the photo went viral. 00:09:54.004 --> 00:09:56.120 Why do you think people connected with it so much? 00:09:56.120 --> 00:09:58.686 Because like, it's a struggle, 00:09:58.686 --> 00:10:01.498 you can see the struggle if you look at the picture, 00:10:01.498 --> 00:10:06.110 it's like, you have all of these RCMP officers, 00:10:06.110 --> 00:10:07.646 and they can do so much. 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. 00:10:11.111 --> 00:10:15.318 [ COPS YELLING ] Move back! Move back! ... 00:10:19.406 --> 00:10:25.076 [ NARRATOR ] After the RCMP raid, the conflict continued to smolder. 00:10:25.076 --> 00:10:28.505 The premier of New Brunswick refused to back down on shale gas. 00:10:30.301 --> 00:10:32.926 [ PREMIER ALWARD ] We're not talking moratorium, today; 00:10:32.926 --> 00:10:41.047 what we're talking about very much is the um, the issues that took place yesterday. 00:10:41.047 --> 00:10:43.805 [ NARRATOR ] Chief Sock was blunt about what he wanted. 00:10:43.805 --> 00:10:47.368 [ CHIEF AARON SOCK ] Basically, y'know, for the RCMP to back off, 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. 00:10:55.708 --> 00:10:58.867 [ NARRATOR ] This is the Elsipogtog RCMP station. 00:10:59.037 --> 00:11:03.328 People have been telling me that there's been attempts to burn this station down 00:11:03.328 --> 00:11:05.158 the past few nights. 00:11:05.158 --> 00:11:08.369 Burn marks all along these rafters... 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. 00:11:13.451 --> 00:11:16.769 Shows that there's a lot of anger in the community against the RCMP. 00:11:16.769 --> 00:11:19.204 That anger was also turned on the media. 00:11:19.697 --> 00:11:22.598 [ REPORTER ] What began as a peaceful day turned tense when... 00:11:22.598 --> 00:11:26.688 [ NARRATOR ] when a few protesters forced a TV crew to abandon their satellite truck 00:11:26.688 --> 00:11:29.136 and seized a reporter's car and gear. 00:11:29.136 --> 00:11:31.408 [ REPORTER ] When I asked if I could get my camera equipment, 00:11:31.408 --> 00:11:34.329 they said it was theirs, that they were seizing it too. 00:11:34.329 --> 00:11:37.883 [ NEWSCASTER ] The group of protesters has seized his vehicle and camera... 00:11:37.883 --> 00:11:40.758 [ NARRATOR ] Isolated from a conversation about colonialism, 00:11:40.758 --> 00:11:43.648 news reports seemed to amplify old stereotypes. 00:11:43.648 --> 00:11:47.058 [ EZRA LEVANT ] "...but it was the eco-rioters themselves who used true violence." 00:11:47.058 --> 00:11:51.112 [ NARRATOR ] And some of the commentary was just plain out of touch. 00:11:51.112 --> 00:11:53.929 This op-ed in one of Canada's national newspapers 00:11:53.929 --> 00:11:57.317 calls the confrontation here between the community and the RCMP 00:11:57.317 --> 00:12:01.238 a "rude dismissal of canada's generosity" [ quote from Rex Murphy ] 00:12:01.238 --> 00:12:03.958 It's this type of media sentiment which is common in canada 00:12:03.958 --> 00:12:07.046 which makes indigenous people skeptical that the rest of the country 00:12:07.046 --> 00:12:09.626 is willing to take their arguments seriously. 00:12:12.328 --> 99:59:59.999 For more than a century, the Indian Act has denied economic opportunity. 99:59:59.999 --> 99:59:59.999 The nation to nation relationships set out in many treaties has been ignored; 99:59:59.999 --> 99:59:59.999 and until 1996 the government-funded residential school system 99:59:59.999 --> 99:59:59.999 set out to "kill the Indian in the child". 99:59:59.999 --> 99:59:59.999 In the past, Indigenous people in canada 99:59:59.999 --> 99:59:59.999 have not shared equally int he benefits of resource development in their homelands. 99:59:59.999 --> 99:59:59.999 The unemployment rate on the Elsipogtog First Nation is estimated at 80%. 99:59:59.999 --> 99:59:59.999 Now, they fear the next phase of development will damage the lifeblood of their culture: 99:59:59.999 --> 99:59:59.999 water. 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. 99:59:59.999 --> 99:59:59.999 Our young generation are gettign educated, 99:59:59.999 --> 99:59:59.999 so now we're starting to say hey, this is wrong, 99:59:59.999 --> 99:59:59.999 how you're treating us is wrong. 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, 99:59:59.999 --> 99:59:59.999 y'know, this is enough. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] As round dances and drum circles swept canada last winter, a movement was born, 99:59:59.999 --> 99:59:59.999 taking its name from a Twitter hashtag: Idle No More. 99:59:59.999 --> 99:59:59.999 And it was catalyzed by opposition to a law that has removed Federal protection 99:59:59.999 --> 99:59:59.999 for amny of the country's waterways. 99:59:59.999 --> 99:59:59.999 It reawakened a lot of people, 99:59:59.999 --> 99:59:59.999 and a lot of people were uprising, 99:59:59.999 --> 99:59:59.999 and the most important thing that brought everyone together was the water. 99:59:59.999 --> 99:59:59.999 That was the one thing that, um, reverberated all across the country, 99:59:59.999 --> 99:59:59.999 that we needed to ensure the water's protection. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] It was a spirit of Idle No More, and the social networks it created, 99:59:59.999 --> 99:59:59.999 that emboldened Elsipogtog's resistance to SWN's exploration work, 99:59:59.999 --> 99:59:59.999 and caused people to come out to face down the RCMP. 99:59:59.999 --> 99:59:59.999 It was scary that day. 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? 99:59:59.999 --> 99:59:59.999 You don't even think about that. 99:59:59.999 --> 99:59:59.999 The women are the protectors of the water, aren't they? 99:59:59.999 --> 99:59:59.999 Stuff like this happens with SWN resources, a company based in the united states, 99:59:59.999 --> 99:59:59.999 comin' down to make money in canada, 99:59:59.999 --> 99:59:59.999 not consult First Nations in the first place, 99:59:59.999 --> 99:59:59.999 y'know, it's just gone too far. 99:59:59.999 --> 99:59:59.999 It scared me, but I didn't wanna run away. 99:59:59.999 --> 99:59:59.999 Cause I don't want them here. 99:59:59.999 --> 99:59:59.999 I don't want SWN here, 99:59:59.999 --> 99:59:59.999 and I felt like making a stand was the only thing that was left. 99:59:59.999 --> 99:59:59.999 Cause nobody was listening. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] Why do you think it always comes down to a confrontation like that 99:59:59.999 --> 99:59:59.999 between police and y'know Indigenous people? 99:59:59.999 --> 99:59:59.999 Like I said it's like you're a second class citizen, 99:59:59.999 --> 99:59:59.999 and things are not gonna change, 99:59:59.999 --> 99:59:59.999 unless the government of canada recognizes our First Nation rights and who we are, 99:59:59.999 --> 99:59:59.999 like, we can't be just bullied over any more. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] Being bullied, not being listened to, 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. 99:59:59.999 --> 99:59:59.999 When mining and energy companies want to carry out activity 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, 99:59:59.999 --> 99:59:59.999 the Crown has a duty to consult the First Nations affected 99:59:59.999 --> 99:59:59.999 in proportion and to the extent that they will be impacted by the development. 99:59:59.999 --> 99:59:59.999 This is the New Brunswick legislature, 99:59:59.999 --> 99:59:59.999 where the premier and the members of the legislative assembly sit. 99:59:59.999 --> 99:59:59.999 In this part of canada, for practical purposes, this is the Crown. 99:59:59.999 --> 99:59:59.999 There was no consultation before the government awarded SWN licences to explore 3 years ago, 99:59:59.999 --> 99:59:59.999 but since the deal was done, they say they've done more than required. 99:59:59.999 --> 99:59:59.999 [ CRAIG LEONARD ] We've had ongoing dialogue with chief council, 99:59:59.999 --> 99:59:59.999 and again it's... a lot of the consultation that has been taking place 99:59:59.999 --> 99:59:59.999 is talking about that framework of... 99:59:59.999 --> 99:59:59.999 if there is something there, where do we go, uh, in terms of discussion 99:59:59.999 --> 99:59:59.999 on how to move forward... with it. 99:59:59.999 --> 99:59:59.999 Uh, very little actually gets discussed about the actual seismic work, 99:59:59.999 --> 99:59:59.999 because everybody recognizes that, uh, there's... no impact uh... to environment land use, 99:59:59.999 --> 99:59:59.999 or treaty rights from that. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] Do you feel that the province has fulfilled its duty to consult? 99:59:59.999 --> 99:59:59.999 [ CHIEF SOCK ] No. 99:59:59.999 --> 99:59:59.999 I don't. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] But the duty to consult is not explicitly defined in law. 99:59:59.999 --> 99:59:59.999 Instead, it has been shaped and tested by court challenges, 99:59:59.999 --> 99:59:59.999 and it does not give First Nations the right to veto projects. 99:59:59.999 --> 99:59:59.999 So one of the contentious parts of the duty to consult 99:59:59.999 --> 99:59:59.999 is what happens when some members of a community like Elsipogtog say "no", 99:59:59.999 --> 99:59:59.999 "at any price"? 99:59:59.999 --> 99:59:59.999 [ CRAIG LEONARD ] It's a challenge to get to that next stage, 99:59:59.999 --> 99:59:59.999 where you really want to talk about what the potential for economic benefits are, 99:59:59.999 --> 99:59:59.999 if you don't know what the resource actually is, 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. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] In his first year as Chief, Sock participated in the consultation process, 99:59:59.999 --> 99:59:59.999 as part of an umbrella group of New Brunswick Chiefs 99:59:59.999 --> 99:59:59.999 that organized information sessions about SWN's work, 99:59:59.999 --> 99:59:59.999 and sought to negotiate a revenue-sharing agreement with the government. 99:59:59.999 --> 99:59:59.999 But after a summer of protests, he and his council withdrew. 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, 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. 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. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] As they pursue their struggle, 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 99:59:59.999 --> 99:59:59.999 without their consent. 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. 99:59:59.999 --> 99:59:59.999 Treaties that outlined a peaceful relationship but did not cede land or water to the Crown. 99:59:59.999 --> 99:59:59.999 We're protecting it not just for us. We're protecting it for everybody. 99:59:59.999 --> 99:59:59.999 The Anglophone, the Francophone, the Irish, anybody, 99:59:59.999 --> 99:59:59.999 because it says in our treaties, the peace and friendship treaties, 99:59:59.999 --> 99:59:59.999 everybody is welcomed in Canada, provided you dont ruin the land and water. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] Two days after the raid 99:59:59.999 --> 99:59:59.999 community members and warriors marched from the former blockade site and took to the highway. 99:59:59.999 --> 99:59:59.999 "Turn it around! Turn it around!" 99:59:59.999 --> 99:59:59.999 "Go that way, that's not our problem. Turn it around, go..." 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] We're here on Highway 11, this is the main thoroughfare through this area. 99:59:59.999 --> 99:59:59.999 Protesters have just moved from the blockade over here, and have shut down passage here. 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, 99:59:59.999 --> 99:59:59.999 but they're stopping people in transit through this area. 99:59:59.999 --> 99:59:59.999 Across the country, First Nations communities were on alert, 99:59:59.999 --> 99:59:59.999 watching what would happen next. 99:59:59.999 --> 99:59:59.999 There were rumours that the army was on standby, 99:59:59.999 --> 99:59:59.999 and that warriors from other nations were coming to stand with the Mi`kmaq. 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, 99:59:59.999 --> 99:59:59.999 what you guys want blocked, who you want protected. 99:59:59.999 --> 99:59:59.999 "The Warrior Society is going out there ___, no more division, OK?" 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] Less than an hour after the blockade started here, it's been taken down. 99:59:59.999 --> 99:59:59.999 The only reason there's no traffic here is because the RCMP is holding vehicles back. 99:59:59.999 --> 99:59:59.999 So the group is heading back to the main camp now, blockade on, blockade off. 99:59:59.999 --> 99:59:59.999 Most of all, there were rumours that the RCMP was on the move. 99:59:59.999 --> 99:59:59.999 Now this is probably the 10th time we've heard that the police are here, 99:59:59.999 --> 99:59:59.999 or are getting ready to move in. 99:59:59.999 --> 99:59:59.999 People are really on edge, 99:59:59.999 --> 99:59:59.999 and y'know, jump at the mention of a police action. 99:59:59.999 --> 99:59:59.999 [ VOICES IN BACKGROUND ] How many cops care do you think? 99:59:59.999 --> 99:59:59.999 Five. 99:59:59.999 --> 99:59:59.999 Five? Just five? 99:59:59.999 --> 99:59:59.999 That's nothing then... 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... 99:59:59.999 --> 99:59:59.999 "No theres more than that..." 99:59:59.999 --> 99:59:59.999 "Listen, she's there, she's there, so stop freaking out. 99:59:59.999 --> 99:59:59.999 "You've caused a lot of panic today already, no really. 99:59:59.999 --> 99:59:59.999 "There's a cop, on the right, in the field, I see it..." 99:59:59.999 --> 99:59:59.999 "I'll go down there myself and I'll go by myself... alright..." 99:59:59.999 --> 99:59:59.999 "We need everyone staying in the middle though, 99:59:59.999 --> 99:59:59.999 "because they'll think we're rushing the line if we go..." 99:59:59.999 --> 99:59:59.999 "Everybody stay here, we don't need everybody to go down and check this out." 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] Why do you think people are jumpy like that? 99:59:59.999 --> 99:59:59.999 [ SUZANNE PATLES ] They're jumpy because of everything that happened the other day, 99:59:59.999 --> 99:59:59.999 and how they just came in and rushed us, has everybody like on their toes, 99:59:59.999 --> 99:59:59.999 where they're scared, they're scared the police are going to move in 99:59:59.999 --> 99:59:59.999 and come at us with excessive force 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. 99:59:59.999 --> 99:59:59.999 [ DEREK NEPINAK, GRAND CHIEF OF MANITOBA ] I think we came within hours 99:59:59.999 --> 99:59:59.999 of seeing very very significant national incidences occurring. 99:59:59.999 --> 99:59:59.999 There's enough people on the ground across the country 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. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] Grand Chief Derek Nepinak and his team had arrived from Manitoba 99:59:59.999 --> 99:59:59.999 to assess the situation on the ground. 99:59:59.999 --> 99:59:59.999 [ NEPINAK ] I think that there is almost a conflict of interest 99:59:59.999 --> 99:59:59.999 when the province has a duty to consult flowing from a constitutional standard, 99:59:59.999 --> 99:59:59.999 but yet they also have financial interests in the end in terms of the corporations 99:59:59.999 --> 99:59:59.999 ability to convert resources into wealth. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] At the first gathering after the raid, he found a community determined to heal, 99:59:59.999 --> 99:59:59.999 but fearful for the future. 99:59:59.999 --> 99:59:59.999 [ NEPINAK ] ...and I am concerned about the degree of collusion and collaboration 99:59:59.999 --> 99:59:59.999 between corporate interests, the state apparatus, RCMP, and government. 99:59:59.999 --> 99:59:59.999 I am concerned about that. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] Just a few days after the raid, SWN appeared ready to resume exploration again. 99:59:59.999 --> 99:59:59.999 Seismic testing equipment lay along the highway, 99:59:59.999 --> 99:59:59.999 sensors and batteries that would allow geophones to work. 99:59:59.999 --> 99:59:59.999 These geophones can reveal what's beneath the surface of the earth, 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. 99:59:59.999 --> 99:59:59.999 Those trucks were captured behind the blockade near Elsipogtog. 99:59:59.999 --> 99:59:59.999 However, during the RCMP raid, SWN was able to drive them out. 99:59:59.999 --> 99:59:59.999 SWN Resources Canada declined to speak with us. 99:59:59.999 --> 99:59:59.999 Hey hows it going? 99:59:59.999 --> 99:59:59.999 My name's Wab, I'm with AlJazeera America. 99:59:59.999 --> 99:59:59.999 [ GUARD ] This is private property, so media isnt allowed up here, 99:59:59.999 --> 99:59:59.999 so the RCMP's been contacted. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] Oh yeah? You called the cops? 99:59:59.999 --> 99:59:59.999 [ GUARD ] I didn't. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] Oh okay. 99:59:59.999 --> 99:59:59.999 But in a written statement, they assured AlJazeera, 99:59:59.999 --> 99:59:59.999 "SWN has been and will continue to work closely with local authorities and community leaders 99:59:59.999 --> 99:59:59.999 to conduct our operations safely and responsibly, 99:59:59.999 --> 99:59:59.999 and in full compliance with the laws of the country and province." 99:59:59.999 --> 99:59:59.999 In mid november the seismic testing trucks returned to work. 99:59:59.999 --> 99:59:59.999 New protest sites sprang up. 99:59:59.999 --> 99:59:59.999 And backed by supporters from across the province and the country, 99:59:59.999 --> 99:59:59.999 Elsipogtog slowed them down. 99:59:59.999 --> 99:59:59.999 SWN obtained another injunction against the protesters. 99:59:59.999 --> 99:59:59.999 No one knows if they will stop fracking before it starts, 99:59:59.999 --> 99:59:59.999 but the people of Elsipogtog have shown that whether or not a government and a corporation 99:59:59.999 --> 99:59:59.999 fulfil their legal duty to consult, 99:59:59.999 --> 99:59:59.999 the resolve of grassroots people 99:59:59.999 --> 99:59:59.999 still has a power to throw a wrench into resource development projects, 99:59:59.999 --> 99:59:59.999 and for development to move ahead, 99:59:59.999 --> 99:59:59.999 it's their consent that's needed. 99:59:59.999 --> 99:59:59.999 [ SUZANNE PATLES ] I don't think anything is gonna stop the grassroots people, 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 99:59:59.999 --> 99:59:59.999 because as an Indigenous person 99:59:59.999 --> 99:59:59.999 the route to self-determination is always from the ground up approach 99:59:59.999 --> 99:59:59.999 because that's who we are as a people. 99:59:59.999 --> 99:59:59.999 [ NARRATOR ] The reality they've created on the ground 99:59:59.999 --> 99:59:59.999 is enshrined in the United Nations Declaration On The Rights of Indigenous People, 99:59:59.999 --> 99:59:59.999 as the principle of free, prior, and informed consent. 99:59:59.999 --> 99:59:59.999 And it has helped breathe life into a provincial anti-fracking movement 99:59:59.999 --> 99:59:59.999 led by First Nations people. 99:59:59.999 --> 99:59:59.999 And while the government of New Brunswick vows to push ahead with shale gas development, 99:59:59.999 --> 99:59:59.999 provinces across canada are taking note. 99:59:59.999 --> 99:59:59.999 In november, the province of Newfoundland declared a moratorium on fracking. 99:59:59.999 --> 99:59:59.999 Meanwhile, as rain turns to snow, and water turns to ice, 99:59:59.999 --> 99:59:59.999 in Elsipogtog they're digging in for the winter, 99:59:59.999 --> 99:59:59.999 and preparing for the next round. 99:59:59.999 --> 99:59:59.999 [ Captions by Radical Access Mapping Project, Un-ceded Coast Salish Territories, 2013 ]