-
[ NARRATOR Wab Kinew ] Had it not sparked fire,
-
this story would be like that of many other
low-intensity conflicts over resources,
-
waiting to erupt across this oil, gas and
fresh water rich country.
-
Back in 2010 the canadian province of new
brunswick granted a texas based company
-
South Western Energy
-
licences to explore for shale gas.
-
in exchange for investment worth 47 million dollars.
-
If shale gas extraction goes ahead it will be
a boon to new brunswick's struggling economy.
-
The province anticipates it could generate
over 1,000 jobs and 1.5 billion dollars,
-
staunching the exodus of workers west
to alberta's oil sands [tar sands].
-
[ CRAIG LEONARD, Minister of Energy & Mines for New Brunswick ] To have that kind of revenue
income flow
-
and that kind of potential...
-
it would have a dramatic impact on the province.
-
In fact, one of the studies we looked at
just a few weeks ago
-
indicates that shale gas development would actually double the economic growth rates in the province.
-
[ NARRATOR ] Three years later, these were
the images from new brunswick
-
flashing across canadian television screens.
-
RCMP guns trained on First Nations people,
-
police cars sent up in flame.
-
"We seized a number of firearms
from the encampment at the protest site."
-
"We also found explosive devices, a large amount
of ammunition, knives and bear spray."
-
"Several shots were fired from within
the encampment."
-
"Molotov-style explosives
were thrown at police."
-
"And 6 rcmp police vehicles
were destroyed by fire."
-
[ NARRATOR ] Faultlines traveled to the province of
new brunswick on canada's east coast
-
to find out what went wrong
and ask how it could be set right.
-
When Southwestern subsidiary SWN Resources Canada, or "SWIN" as it's locally known,
-
began exploring on land
by the Elsipogtog First Nation,
-
the community started hearing about fracking,
-
the process by which gas is extracted
from shale rock beneath the ground,
-
by injecting water, nitrogen, and chemicals.
-
Many were alarmed.
-
[ SUSAN LEVI-PETERS, Former elected Chief, Elsipogtog First Nation ] Without no consultation
-
and people not knowing what's going on,
-
and just hearing that we know that the shale gas
is not good for the land and water,
-
the protest started,
it's been goin' on for three years now.
-
[ DORIS COUPAGE, Elsipogtog First Nation Elder ]
The water, our river, is very very precious to us.
-
As we were growing up in the summertime
we'd stay there all summer.
-
[ AMANDA POLCHIES, Elsipogtog First Nation Resident ] When I was a kid?
-
I got to go play in the woods,
I got to swim in fresh water.
-
I'm breathing fresh air.
-
Now that I have my own kid, I have my son,
-
I want him to experience
the same thing I experienced,
-
I want my grandkids to experience that too.
-
I don't want to have them have to worry about
going swimming and
-
"oh, this water's contaminated
because they're drilling 50 feet away."
-
[ NARRATOR ] In early summer, as SWN
carried out seismic testing near the reserve,
-
members of the Mi`kmaq community
set out to stop them.
-
They set up a protest camp
-
and drew the support of the local Acadian community
and environmental groups.
-
They scouted for signs of testing
-
and for the impact it might be having on the
land and water they rely on and consider sacred.
-
[ NO NAME GIVEN ] See you don't want to waste
all this beautiful land right here just for that.
-
You know what fracking doe, eh?
-
They put a lot of drills holes, the don't just put one,
they put hundreds within the area.
-
[ JOHN LEVI, Elsipogtog War Chief ]
We started slowing down SWN,
-
we talked to the people,
-
and y'know, the best way to gain support
-
was we had to sacrifice.
-
So there were people that were willing to get arrested for the cause, y'know, for a good cause.
-
Y'know, save our water, stop fracking.
-
[ NARRATOR ] More than 40 people were arrested.
-
Then one day two women chained themselves
to a seismic testing truck,
-
and exploration work ground to a halt.
-
But the reprieve was only temporary.
-
At summer's end, SWN returned.
-
[ LEVI-PETERS ] They made a compound in Rexton,
-
and they put spotlights on it,
-
and then they put a gate on it,
as if it was their trophy,
-
they put all these thumper trucks,
about 6, 7 thumper trucks.
-
[ NARRATOR ] Elsipogtog community members
lit a sacred fire
-
at the exit to the compound
where SWN was parking the trucks.
-
The RCMP blocked the adjacent road,
and a blockade went up.
-
SWN's vehicles were trapped.
-
Another encampment grew, and the Mi`kmaq
Warrior Society was asked to secure it.
-
SWN was losing $54,000 each day
their vehicles remained on the lot,
-
guarded by private security.
-
So they obtained a court injunction
against the site's occupants,
-
which the RCMP could enforce at any time.
-
As the threat of police action loomed,
tension on the site escalated,
-
and on October 17th, the day before
the injunction was set to expire...
-
the RCMP moved in.
-
I don't know why they couldn't wait til the deadline.
-
I don't understand, y'know,
I can't speak for the RCMP.
-
[ VOICE OVER MEGAPHONE ] ...anyone that
continues to do so [ I.E. STAY IN THE AREA ]
-
will be arrested and removed from the area
by police...
-
[ JASON AUGUSTINE, District Chief, Mi`kmaq Warrior Society ] ... "drop that gun", What gun?
-
I had a cellphone in my hand,
-
and a fast light in my hand,
cause it was still dark out, eh?
-
[ NARRATOR ] Jason Augustine is a district chief
with the Mi`kmaq Warrior Society.
-
He was on traffic duty that morning.
-
[ AUGUSTINE ] And they told me again
"drop that gun!",
-
"It's not a gun!" I told them again,
-
and the next thing I know they were
already like that on me,
-
like they had their guns on me and everything.
-
And that's when the chaos started.
-
[ YELLING/ BANGS ]
-
[ NARRATOR ] Suzanne Patles was sleeping
in the woods nearby.
-
She did the first thing you'd expect the defacto
spokesperson for the Warrior Society to do:
-
she logged onto Facebook.
-
[ PATLES YELLING ] Get your guns off me!
This is a phone!
-
Hey! This is a phone! I have no gun!
-
[ PATLES ] And I sent out a message
and I said everybody's always said
-
to let them know when shit gets real,
I said how much more real can this get?
-
When there's guns drawn on you
first thing in the morning when you wake up.
-
[ AUGUSTINE ] The RCMP's jumped me
-
and they were bashing my head with their boots
til they knocked me out.
-
Took a lot to knock me out
while I was hanked up and I was on the ground.
-
[ NARRATOR ] Suzanne was in a car
trying to upload a second video
-
when the RCMP arrested her too.
-
[ PATLES ] All i seen was one officer
like go to throw his assault rifle
-
like towards the windshield,
-
and I went to go put my head down like that,
-
and it went through the windshield
and hit the top of my head,
-
and at that moment I was pulled out of the car
-
and hit several more times
with the assault rifle in the head.
-
[ NARRATOR ] As word got out that the raid was underway, people began arriving from the rez.
-
[ PROTESTER ] Can you drink money?
Can you drink money?
-
You must have a lot of money to drink?
-
[ NARRATOR ] The elected chief of Elsipogtog,
Aaron Sock, and 8 of his coucil members
-
tried to cross the line of RCMP
to find out what was going on.
-
Roger Francis's sister
was one of those councilors.
-
[ ROGER FRANCIS, Elsipogtog First Nation ]
I warned them not to be physically grabbin'
-
our council members, our council;
-
and I told him I'll use any force necessary
I have to use to stop you guys.
-
And when the RCMP grabbed my sister, yanked her,
I just lost it.
-
[ NARRATOR ] Francis was arrested
and charged with assaulting a police officer.
-
A great grandmother Doris Coupage
also joined the crowd at the police line.
-
[ INDISTINCT TALKING ]
-
"... we are North American Indians...
whether you ... or not..."
-
On the sides, there were these dogs
and police with ammunition,
-
and the women here, have their feathers.
-
I went there with my rosaries,
-
and the other ladies were chanting and drumming.
-
[ POLCHIES ] They're yelling "move back!
Move back!",
-
so we didn't move, we stayed there,
we linked arms and we stayed there,
-
and we were pushing against them,
-
and then all of a sudden, like,
pepper spray comes out of nowhere,
-
and I looked back and I seen Doris,
she had gotten sprayed in the face,
-
and all she had was her rosary.
-
It didn't hit you at first, but it did and then uh,
-
there was young boys standing
who came over and grabbed me
-
cuz you would have been knocked down, like,
those cops when they push push push!
-
[ NARRATOR ] The picture of a great grandmother
pepper sprayed by police
-
had a profound effect on the people
of Elsipogtog,
-
but it wouldn't be the only lasting image
from that day.
-
[ POLCHIES ] I just had this feather,
I didn't know what to do,
-
and the first thought in my mind was:
pray.
-
So I kneeled down in the road
and I started praying.
-
I was praying for Doris, and I was praying
for the other women that had gotten sprayed,
-
and I was praying for my people,
-
hoping that this will end peacefully,
nobody will get hurt, nobody would die.
-
[ NARRATOR ] A photo of that moment
-
was taken by a reporter from Aboriginal
People's Television Network.
-
RCMP vehicles were set ablaze.
-
While Amanda Polchies was being arrested,
the photo went viral.
-
Why do you think people connected with it so much?
-
Because like, it's a struggle,
-
you can see the struggle if you look at the picture,
-
it's like, you have all of these RCMP officers,
-
and they can do so much.
-
And then there's a woman kneeling down
in the middle of the road with a feather.
-
[ COPS YELLING ] Move back! Move back! ...
-
[ NARRATOR ] After the RCMP raid,
the conflict continued to smolder.
-
The premier of New Brunswick
refused to back down on shale gas.
-
[ PREMIER ALWARD ] We're not talking
moratorium, today;
-
what we're talking about very much is the um, the issues that took place yesterday.
-
[ NARRATOR ] Chief Sock was blunt about
what he wanted.
-
[ CHIEF AARON SOCK ] Basically, y'know,
for the RCMP to back off,
-
SWN to back off, and to give us some time
to try to heal and reflect on what happened.
-
[ NARRATOR ] This is the Elsipogtog RCMP station.
-
People have been telling me that there's been
attempts to burn this station down
-
the past few nights.
-
Burn marks all along these rafters...
-
right under the singe marks there's this beer bottle
which has been turned into a Molotov cocktail.
-
Shows that there's a lot of anger in the community
against the RCMP.
-
That anger was also turned on the media.
-
[ REPORTER ] What began as a peaceful day
turned tense when...
-
[ NARRATOR ] when a few protesters forced a TV
crew to abandon their satellite truck
-
and seized a reporter's car and gear.
-
[ REPORTER ] When I asked if I could get
my camera equipment,
-
they said it was theirs, that they were seizing it too.
-
[ NEWSCASTER ] The group of protesters
has seized his vehicle and camera...
-
[ NARRATOR ] Isolated from a conversation
about colonialism,
-
news reports seemed to amplify
old stereotypes.
-
[ EZRA LEVANT ] "...but it was the eco-rioters
themselves who used true violence."
-
[ NARRATOR ] And some of the commentary
was just plain out of touch.
-
This op-ed in one of Canada's national newspapers
-
calls the confrontation here between
the community and the RCMP
-
a "rude dismissal of canada's generosity"
[ quote from Rex Murphy ]
-
It's this type of media sentiment
which is common in canada
-
which makes indigenous people skeptical
that the rest of the country
-
is willing to take their arguments seriously.
-
For more than a century, the Indian Act
has denied economic opportunity.
-
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The nation to nation relationships
set out in many treaties has been ignored;
-
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and until 1996 the government-funded
residential school system
-
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set out to "kill the Indian in the child".
-
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In the past, Indigenous people in canada
-
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have not shared equally int he benefits
of resource development in their homelands.
-
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The unemployment rate on the Elsipogtog
First Nation is estimated at 80%.
-
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Now, they fear the next phase of development
will damage the lifeblood of their culture:
-
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water.
-
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[ SUSAN LEVI-PETERS ] So right now what's happening is... Idle No More,
First Nations people are sayin we've had enough.
-
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Our young generation are gettign educated,
-
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so now we're starting to say hey, this is wrong,
-
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how you're treating us is wrong.
-
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So now when they want to take the water
and the land, we're saying no way,
-
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y'know, this is enough.
-
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[ NARRATOR ] As round dances and drum circles
swept canada last winter, a movement was born,
-
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taking its name from a Twitter hashtag:
Idle No More.
-
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And it was catalyzed by opposition to a law that has removed Federal protection
-
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for amny of the country's waterways.
-
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It reawakened a lot of people,
-
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and a lot of people were uprising,
-
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and the most important thing that
brought everyone together was the water.
-
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That was the one thing that, um,
reverberated all across the country,
-
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that we needed to ensure the water's protection.
-
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[ NARRATOR ] It was a spirit of Idle No More,
and the social networks it created,
-
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that emboldened Elsipogtog's resistance
to SWN's exploration work,
-
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and caused people to come out
to face down the RCMP.
-
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It was scary that day.
-
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You have all those grandchildren, why wouldn't you just stay back, how come you decided to go to the front?
-
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You don't even think about that.
-
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The women are the protectors of the water,
aren't they?
-
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Stuff like this happens with SWN resources,
a company based in the united states,
-
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comin' down to make money in canada,
-
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not consult First Nations in the first place,
-
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y'know, it's just gone too far.
-
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It scared me, but I didn't wanna run away.
-
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Cause I don't want them here.
-
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I don't want SWN here,
-
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and I felt like making a stand was
the only thing that was left.
-
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Cause nobody was listening.
-
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[ NARRATOR ] Why do you think it always
comes down to a confrontation like that
-
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between police and y'know Indigenous people?
-
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Like I said it's like you're a second class citizen,
-
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and things are not gonna change,
-
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unless the government of canada recognizes
our First Nation rights and who we are,
-
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like, we can't be just bullied over any more.
-
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[ NARRATOR ] Being bullied, not being listened to,
-
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there's a legal standard grounded in the canadian constitution that's supposed to avoid these issues.
-
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When mining and energy companies want to
carry out activity
-
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that stands to compromise an aboriginal or treaty right, like for example access to water or land,
-
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the Crown has a duty
to consult the First Nations affected
-
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in proportion and to the extent that they will be
impacted by the development.
-
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This is the New Brunswick legislature,
-
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where the premier and the members of
the legislative assembly sit.
-
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In this part of canada, for practical purposes,
this is the Crown.
-
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There was no consultation before the government awarded SWN licences to explore 3 years ago,
-
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but since the deal was done, they say they've
done more than required.
-
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[ CRAIG LEONARD ] We've had ongoing dialogue
with chief council,
-
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and again it's... a lot of the consultation that has been taking place
-
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is talking about that framework of...
-
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if there is something there, where do we go,
uh, in terms of discussion
-
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on how to move forward... with it.
-
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Uh, very little actually gets discussed about
the actual seismic work,
-
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because everybody recognizes that, uh, there's...
no impact uh... to environment land use,
-
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or treaty rights from that.
-
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[ NARRATOR ] Do you feel that the province has fulfilled its duty to consult?
-
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[ CHIEF SOCK ] No.
-
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I don't.
-
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[ NARRATOR ] But the duty to consult
is not explicitly defined in law.
-
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Instead, it has been shaped and tested
by court challenges,
-
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and it does not give First Nations
the right to veto projects.
-
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So one of the contentious parts
of the duty to consult
-
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is what happens when some members
of a community like Elsipogtog say "no",
-
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"at any price"?
-
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[ CRAIG LEONARD ] It's a challenge to
get to that next stage,
-
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where you really want to talk about what
the potential for economic benefits are,
-
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if you don't know what the resource actually is,
-
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what the total pie looks like, and who's
going to get the different pieces of that pie.
-
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[ NARRATOR ] In his first year as Chief,
Sock participated in the consultation process,
-
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as part of an umbrella group
of New Brunswick Chiefs
-
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that organized information sessions
about SWN's work,
-
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and sought to negotiate a revenue-sharing
agreement with the government.
-
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But after a summer of protests,
he and his council withdrew.
-
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[ CHIEF SOCK ] Being a new Chief, I don't
quite understand yet how this came to be,
-
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but what I do understand is my community doesn't
want it, and I stand with my community.
-
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I listened to them and if that's what
they want me to fight, that's what I'll fight.
-
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[ NARRATOR ] As they pursue their struggle,
-
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many in Elsipogtog say the government doesn't
have the authority to allow SWN to work here
-
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without their consent.
-
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And they're drawing on the treaties that
the Mi`kmaq signed with the British 3 centuries ago.
-
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Treaties that outlined a peaceful relationship
but did not cede land or water to the Crown.
-
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We're protecting it not just for us.
We're protecting it for everybody.
-
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The Anglophone, the Francophone,
the Irish, anybody,
-
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because it says in our treaties, the peace and friendship treaties,
-
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everybody is welcomed in Canada, provided you
dont ruin the land and water.
-
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[ NARRATOR ] Two days after the raid
-
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community members and warriors marched from the former blockade site and took to the highway.
-
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"Turn it around! Turn it around!"
-
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"Go that way, that's not our problem.
Turn it around, go..."
-
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[ NARRATOR ] We're here on Highway 11,
this is the main thoroughfare through this area.
-
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Protesters have just moved from the blockade
over here, and have shut down passage here.
-
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They're allowing the remaining cars that were sort of
trapped int he middle of the protest to go through,
-
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but they're stopping people in transit
through this area.
-
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Across the country,
First Nations communities were on alert,
-
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watching what would happen next.
-
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There were rumours that the army was on standby,
-
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and that warriors from other nations
were coming to stand with the Mi`kmaq.
-
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"*We're gonna have a meetin' with all of the people,
_and you guys are gonna say_ what you want done,
-
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what you guys want blocked, who you want protected.
-
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"The Warrior Society is going out there ___,
no more division, OK?"
-
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[ NARRATOR ] Less than an hour after
the blockade started here, it's been taken down.
-
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The only reason there's no traffic here is because
the RCMP is holding vehicles back.
-
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So the group is heading back to the main camp now,
blockade on, blockade off.
-
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Most of all, there were rumours
that the RCMP was on the move.
-
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Now this is probably the 10th time we've heard
that the police are here,
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or are getting ready to move in.
-
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People are really on edge,
-
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and y'know, jump at the mention
of a police action.
-
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[ VOICES IN BACKGROUND ] How many cops care do you think?
-
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Five.
-
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Five? Just five?
-
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That's nothing then...
-
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They've been there all day, five is how much
they usually have at either end of the road...
-
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"No theres more than that..."
-
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"Listen, she's there, she's there,
so stop freaking out.
-
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"You've caused a lot of panic today already,
no really.
-
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"There's a cop, on the right, in the field,
I see it..."
-
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"I'll go down there myself and I'll go by myself...
alright..."
-
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"We need everyone staying in the middle though,
-
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"because they'll think we're rushing the line
if we go..."
-
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"Everybody stay here, we don't need
everybody to go down and check this out."
-
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[ NARRATOR ] Why do you think people
are jumpy like that?
-
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[ SUZANNE PATLES ] They're jumpy
because of everything that happened the other day,
-
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and how they just came in and rushed us,
has everybody like on their toes,
-
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where they're scared, they're scared the police
are going to move in
-
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and come at us with excessive force
-
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because they've been hearin' that the next time
they come in they're gonna come in harder.
-
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[ DEREK NEPINAK, GRAND CHIEF OF MANITOBA ]
I think we came within hours
-
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of seeing very very significant
national incidences occurring.
-
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There's enough people
on the ground across the country
-
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to create a great disruption in the peaceful existence of many who take for granted the lands they live on.
-
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[ NARRATOR ] Grand Chief Derek Nepinak
and his team had arrived from Manitoba
-
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to assess the situation on the ground.
-
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[ NEPINAK ] I think that there is almost
a conflict of interest
-
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when the province has a duty to consult
flowing from a constitutional standard,
-
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but yet they also have financial interests in the end
in terms of the corporations
-
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ability to convert resources into wealth.
-
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[ NARRATOR ] At the first gathering after the raid,
he found a community determined to heal,
-
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but fearful for the future.
-
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[ NEPINAK ] ...and I am concerned about the degree
of collusion and collaboration
-
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between corporate interests, the state apparatus,
RCMP, and government.
-
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I am concerned about that.
-
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[ NARRATOR ] Just a few days after the raid,
SWN appeared ready to resume exploration again.
-
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Seismic testing equipment lay along the highway,
-
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sensors and batteries that would
allow geophones to work.
-
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These geophones can reveal what's beneath
the surface of the earth,
-
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but in order to do that, they need to operate
in conjunction with so-called thumper trucks.
-
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Those trucks were captured behind the blockade
near Elsipogtog.
-
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However, during the RCMP raid,
SWN was able to drive them out.
-
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SWN Resources Canada declined to speak with us.
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Hey hows it going?
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My name's Wab, I'm with AlJazeera America.
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[ GUARD ] This is private property,
so media isnt allowed up here,
-
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so the RCMP's been contacted.
-
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[ NARRATOR ] Oh yeah? You called the cops?
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[ GUARD ] I didn't.
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[ NARRATOR ] Oh okay.
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But in a written statement,
they assured AlJazeera,
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"SWN has been and will continue to work closely
with local authorities and community leaders
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to conduct our operations safely and responsibly,
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and in full compliance with the laws
of the country and province."
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In mid november the seismic testing trucks
returned to work.
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New protest sites sprang up.
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And backed by supporters from across
the province and the country,
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Elsipogtog slowed them down.
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SWN obtained another injunction
against the protesters.
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No one knows if they will stop fracking
before it starts,
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but the people of Elsipogtog have shown that whether or not a government and a corporation
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fulfil their legal duty to consult,
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the resolve of grassroots people
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still has a power to throw a wrench
into resource development projects,
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and for development to move ahead,
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it's their consent that's needed.
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[ SUZANNE PATLES ] I don't think anything
is gonna stop the grassroots people,
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it's in their hands, I think the power needs
to be handed back to the people
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because as an Indigenous person
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the route to self-determination
is always from the ground up approach
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because that's who we are as a people.
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[ NARRATOR ] The reality they've created
on the ground
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is enshrined in the United Nations Declaration
On The Rights of Indigenous People,
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as the principle of free, prior, and informed consent.
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And it has helped breathe life into
a provincial anti-fracking movement
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led by First Nations people.
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And while the government of New Brunswick
vows to push ahead with shale gas development,
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provinces across canada are taking note.
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In november, the province of Newfoundland
declared a moratorium on fracking.
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Meanwhile, as rain turns to snow,
and water turns to ice,
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in Elsipogtog they're digging in for the winter,
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and preparing for the next round.
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[ Captions by Radical Access Mapping Project,
Un-ceded Coast Salish Territories, 2013 ]
