The often-ignored facts about Elsipogtog
The majority of Canadians have been woefully under-informed about what is really going in Elsipogtog.
Opinion / Commentary
By: Chelsea Vowel
Toronto Star
In 1997, the landmark Supreme Court Decision in Delgamuukw finally clarified that even under Canadian law, Aboriginal title to most of the land within British Columbia’s provincial borders had never been extinguished. This ruling had immediate implications for other areas of the country where no treaties ceding land ownership were ever signed. One day, Canadians woke up to a legal reality in which millions of acres of land were recognized as never having been acquired by the Crown, and that elephant has been occupying our national room ever since.
Unfortunately, this glaring issue did not seem to percolate into the wider Canadian consciousness, and many people remain unaware of it. In 1999, the Supreme Court passed down another judgement confirming that the Peace and Friendship Treaties of 1760-1761 did not cede land or resources. This cannot be emphasized strongly enough: the Mi’kmaq never gave up legal rights to their land or resources. Canada does not own the land that the people of Elsipogtog are defending.
This is not conspiracy theory, or indigenous interpretation. This is Canadian law, interpreted by the Supreme Court of Canada, applying Canadian constitutional principles. Yet somehow, this most important fact is left out of most reports on Elsipogtog as though it is barely relevant.
Often misunderstood by the general public, too, is that the people of Elsipogtog have widespread support from Acadians and Anglos in the area. In fact, the majority of people living in New Brunswick support a moratorium on fracking, in direct opposition to Premier David Alward’s wholehearted embracing of shale gas exploration. Opposition to fracking is not a fringe position; it is the majority position in the Atlantic provinces and elsewhere throughout Canada....
The majority of Canadians have been woefully under-informed about what is really going in Elsipogtog.
Opinion / Commentary
By: Chelsea Vowel
Toronto Star
In 1997, the landmark Supreme Court Decision in Delgamuukw finally clarified that even under Canadian law, Aboriginal title to most of the land within British Columbia’s provincial borders had never been extinguished. This ruling had immediate implications for other areas of the country where no treaties ceding land ownership were ever signed. One day, Canadians woke up to a legal reality in which millions of acres of land were recognized as never having been acquired by the Crown, and that elephant has been occupying our national room ever since.
Unfortunately, this glaring issue did not seem to percolate into the wider Canadian consciousness, and many people remain unaware of it. In 1999, the Supreme Court passed down another judgement confirming that the Peace and Friendship Treaties of 1760-1761 did not cede land or resources. This cannot be emphasized strongly enough: the Mi’kmaq never gave up legal rights to their land or resources. Canada does not own the land that the people of Elsipogtog are defending.
This is not conspiracy theory, or indigenous interpretation. This is Canadian law, interpreted by the Supreme Court of Canada, applying Canadian constitutional principles. Yet somehow, this most important fact is left out of most reports on Elsipogtog as though it is barely relevant.
Often misunderstood by the general public, too, is that the people of Elsipogtog have widespread support from Acadians and Anglos in the area. In fact, the majority of people living in New Brunswick support a moratorium on fracking, in direct opposition to Premier David Alward’s wholehearted embracing of shale gas exploration. Opposition to fracking is not a fringe position; it is the majority position in the Atlantic provinces and elsewhere throughout Canada....
