the Hupacasath First Nation expressing their fight to come with China: The Letter

Letter to China re: FIPA agreement

Published by Vancouver_Observer

A letter from the Hupacasath First Nation expressing their fight to come

 

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Hupacasath First NationPh. (250) 724-4041Fax. (250) 724-1232

5500 Ahahswinis DriveBox 211Port Alberni, BCV9Y 7M7

October 8, 2014Premier Li KeqiangThe People’s Republic of ChinaEnglish@mail.gov.cnFax: (8610)630700900Ambassador Zhang JunsaiThe People's Republic of China to Canada515 St. Patrick Street,Ottawa, Ont.K1N 5H3Fax: +1 613 7891911, 7891414chinaemb_ca@mfa.gov.cnPrime Minister Stephen HarperOffice of the Prime MinisterState of Canada80 Wellington Street,Ottawa, ON K1A 0A2Fax 613

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941-6900RE: “Canada-China Foreign Investment Promotion andProtection Agreement” (FIPPA)We, the Sovereign Nation known as Hupacasath First Nation, brought the court challengeto the “Canada China Foreign Investment Promotion and Protection Agreement”commonly referred to as FIPPA. Our legal challenge was based on our aboriginal rightsand title recognized in section 35 of the Constitution Act of Canada. In accordance withthe rights Hupacasath First Nation possesses, Canada has the duty to consult us whennegotiating an agreement such as FIPPA. This consultation requirement was not fulfilled by Canada.

 

 2For your reference, s. 35 reads as follows:

35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canadaare hereby recognized and affirmed.

Recently, the Supreme Court of Canada in the Tsilhqot’in Nation v. British Columbiadecision determined that aboriginal title does exist and with aboriginal title comes the power to decide how the land will be proactively used and managed, and the rights toenjoyment, occupancy, possession, and to the economic benefits of the land. The federaland provincial governments in Canada are required to obtain the consent of First Nationsfor development on aboriginal title lands. Where a First Nation has not yet proven title,the Court has said that Canada is well advised and encouraged to obtain the consent ofthose First Nations.Hupacasath First Nation will not consent to any development in our territory thatnegatively impacts or abrogates our title and rights. We launched our court action onFIPPA in order to protect our rights and title and our way of life which is dependent onthe existence of certain ecosystems and the maintenance of high environmental standards.In June of 2013, Hupacasath First Nation presented its legal argument to the FederalCourt of Canada challenging the ability of Canada to ratify FIPPA without consulting andaccommodating Hupacasath First Nation. The court ruled in favour of Canada.Subsequently, Hupacasath First Nation appealed the decision and our arguments wereheard on June 10, 2014 at the Federal Court of Appeal. The Court reserved its decision atthe conclusion of the hearing.While this momentous litigation was still being considered by the Court, the FederalGovernment of Canada ratified FIPPA on September 12, 2014. They did so without anynotice to Hupacasath First Nation such that we could not file an injunction to stop theratification, and are now deprived of receiving any meaningful remedy from the courts.Hupacasath First Nation believes that the Federal Government of Canada’s actions areentirely inconsistent with the Honour of the Crown and an affront to the authority of theCanadian Courts.Hupacasath First Nation is located on west coast of Vancouver Island in BritishColumbia. Our territory encompasses 232,000 hectares. Hupacasath has never ceded norsurrendered any rights or title to our lands and resources, and are the proper holder ofAboriginal Title. With that comes the right to decide how our title lands will be used. Wehave included a map that depicts Hupacasath Territory. You must contact us directly andobtain our consent and agreement for any activity on that Territory. We do not accept thatFIPPA overrides our rights and title as the First Peoples of our ancestral lands. As asovereign people, we have the right to govern and protect our land as we so choose for present and future generations.Without waiting for clarification from the courts of Canada on its obligations to First Nations and their constitutionally protected rights, the Government of Canada has createda needless situation of conflict which creates considerable uncertainty for the People’s

 

 3Republic of China.The manner in which FIPPA was ratified has engendered increasingly strong oppositionfrom First Nations and Canadians across the country, and has served to embroil thePeople’s Republic of China in a domestic dispute. This dispute will take the form ofresistance from Hupacasath First Nation and many other First Nations to any resourcedevelopment on our title lands. Opposition will manifest itself in regulatory processes,court cases, and the defense of our lands on the ground.We feel it important to inform you of Hupacasath First Nation’s views and positions before you decide to do any development within our territory. To be clear, our dispute iswith Canada and because of the FIPPA the People’s Republic of China has becomeinvolved with Canada’s internal matters. The People’s Republic of China is now onnotice that any investment or development proposed by China state-owned corporationsis not welcome within Hupacasath First Nation territory.In Peace and Sovereignty,Cc Honorable David Johnston, Governor General for CanadaHonourable Christy Clark, Premier of British ColumbiaGhislain Picard, Acting National Chief of Assembly of First Nations